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HomeMy WebLinkAboutFINAL TRACT MAPS 15034, 15035, 15036, 15037 & 15081, 15082, HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: CONNIE BROCKWAY, City Clerk FROM: GAIL HUTTON, City Attorney DATE: June 4, 1998 SUBJECT: Tract Nos. 15037, 15081 and 15085 I have reviewed your memorandum dated May 8, 1998 regarding the above referenced Tract Maps. I concur on both issues as to typographical errors and agree that the bonds should be released. AAILHTT N, . • City Attorney /k jmp/lcotreO G i �JCDW nd — eL p r9 �e 77f�rn S 6r>'i u, FLe c.c_S /75-�?9-7 Z)Oe 2L 82W.9- h� 72ok-L r--OW 1503-7 �30N� lloa-77 d,A) 6 7&E XezE i.r16 6� 71 �c3o�VOS X//I A?-7 Zd AS 42,1?- 1. .._ /P�a/e GAS li\t o T rtAUE Tb G D 4 fI 7 a TH . S ei f- - OP_S A/67- f7'"/9 p /IJ o I'-/✓i� EVA F-6 kuJn-P-,O )7/& /9-077Y6rc, 6F :s EF-e 4 go e/,V6 s3a No, . F-We. i 7 S -/Z Ow 77) e-l)'Y CJ-f� s 1= Vl e /2i M- FlL e- DD 177 -t , fi get- f�i C' I?f- Q5 7Ff WA/(; Adek J� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATIO HUNTINGTON BEACH J / 1' TO: Jennifer McGrath, Deputy City Attorney FROM: Janelle Case, Deputy City Clerk SUBJECT: Chronology Of The Release Of PLC Bonds For Tract Nos. 15037, 15081 nd 15085 DATE: May 8, 1998 July 1. 1996 The City Council Approved: Final Tract Map Nos. 15034-37 and 15081-86, Portions of Tentative Tract Map No. 14700, With Bonds and Agreements (Peninsula II). The recommended action of that date was to: Approve Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and accept the offer of dedications and improvements and bonds. On page 2 of the RCA dated July 1, 1996 under the requirements section No. 2 a. refers to the Faithful Performance Bonds and Labor and Material Bonds in Attachment No. 6 and b. Monument Bonds in Attachment No. 5 (Copy of RCA and Bonds for Tract Nos. 15037, 15081, 15085, 15034, 15035 and 15036 attached). The bonds for tract numbers in this initial council action are correct and as follows: Tract No. 15037 Faithful Performance/Labor and Material Bond No. 3SM88742400, Monument Bond No. 3SM88742300. (American Motorist Insurance Company). Tract No. 15081 Faithful Performance/Labor and Material Bond No. 3SM88743400 and Monument Bond No. 3SM88743300. (American Motorist Insurance Company). Tract No. 15085 Faithful Performance/Labor and Material Bond No. 3SM88743200, and Monument Bond No. 3SM88743100. (American Motorist Insurance Company). After the July 1, 1996 City Council meeting the bonds for these three tracts including all the other bonds for the other tracts referenced in the Council approved recommended action were given to the Treasurer's Office to be held until the time to release them. g:follow-up:tract/bondcorr.doc.jc Page Two August 18, 1997 The City Council Approved: 1. Releasing of PLC Bond Nos. 3SM88743000 and 3SM88742900 for Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15037. These bonds were actually the bonds for Tract No. 15034) (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88742300 and 3SM88742400 for Tract No. 15037. 2. Releasing of PLC Bond Nos. 3SM88742800 and 3SM88742700 Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15081. These bonds were actually for Tract No. 15035. (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88743300, and 3SM88743400 for Tract No. 15081. 3. Releasing of PLC Bond No. 3SM88742600, 3SM88742500 Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15085. These bonds were actually for Tract No. 15036. (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88743100 and 3SM88743200. After the August 18, 1997 City Council meeting the City Treasurer's Office was notified to release Bond Nos. 3SM88743000 and 3SM88742900 for Tract 15037, 3SM88742800 and 3SM88742700 for Tract No. 15081 and Bond Nos. 3SM88742600 and 3SM88743200 for Tract No. 15085. When the City Treasurer's Office pulled the original bonds that were originally given to them after the July 1, 1996 City Council meeting, they noticed that the bonds approved to be released were not the bond numbers for Tracts 15037, 15081 and 15085. This issue was brought to the attention of the City Clerk's Office on May 6, 1997 and research was undertaken to identify the problem. Summary The City Council action of July 1, 1996 to accept the final tract maps, bonds, with agreements, acceptance of dedication and improvements was correct. The author of the RCA dated August 18, 1997 released the bonds for tract numbers 15034, 15035 and 15036 and therefore the bond numbers the Treasurer's Office had in their files for 15037, 15081 and 15085 did not match and the Treasurer's Office would not release them. No bonds have been released at this time for these tracts. g:follow-up:tract/bondcorr.doc:jc -Page Three The City Clerk's Office believes that due to the fact the original file of July 1, 1996 has the correct bond numbers for Tracts 15037, 15081 and 15085 and that the bonding company is the same for all of these bonds that the recommended action on the releasing of the bonds on August 18, 1997 was a typographical error. The City Clerk's Office would like your concurrence, so that the releasing of these bonds does not have to go back to the City Council for approval. To insure this does not happen again the author of the RCA's referencing bond numbers for tracts will be requested to come to the City Clerk's Office to view the original tract file and make certain that the bonds being released are the correct bond numbers. As an additional back-up mechanism when an RCA comes to the City Clerk's Office for a City Council Meeting, prior to the agenda staff meeting a staff member of the City Clerk's office will pull the original tract file and double check the bond numbers. If you require any further information, please do not hesitate to give me a call. Thank you for your help. Attachment: RCA's of July 1, 1997 and August 18, 1997 Bonds CC: Shari Friedenrich, City Treasurer Pat Lovelace, Deputy City Treasurer g:fol low-up:tract/bondcorr.doc:j c Council/Agency Meeting Held: Deferred/Continued to: , C�Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ature Council Meeting Date: July 1, 1996 Department ID Number: CDM6-3A can CITY OF HUNTINGTON BEACH m REQUEST FOR COUNCIL ACTION d w'rn 7 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS C SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Community Development Director 7Z . SUBJECT: FINAL TRACT MAP NOS. 15034-37 and 15081-86, PORTIONS OF TENTATIVE TRACT MAP NO. 14700, WITH BONDS AND AGREEMENTS (PENINSULA II) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) i Statement of Issue: Ten final maps for 306 single family residential units of Tentative Tract 14700 (Peninsula II, a 389 single family residential unit subdivision), located south of Summit Drive between Seapoint and Goldenwest Streets, are being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: . "Approve Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map. 1. Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 are in conformance.with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14700 conditions of approval as approved by the Planning Commission. REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bonds and Labor and Material Bonds as presented in Attachment No. 6 b. Monument Bonds as presented in Attachment No. 5 3. Instruct the City Clerk to not affix her signature to a given map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for that map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. Subdivision Agreement Alternative Action(s): The City Council may make the following motion: A. "Deny Final Tract Map No. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and not accept the offer of dedication, improvements, and bonds." C096-31.DOC -2- 06/19/96 11:50 AM affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on Ma)t zarh ,19 a1; PLC, A California Geneal Partnership as Principal By: See attached signature block By: n i America Mo mists Insurance Company as Surety By: Willi rri J. Shupper By: Attor ry in Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I ON - ti 4& BEFORE ME, ca J A NO ARY PUBLIC IN AND FOR SAID STATE,P RSONALLY APPEARED -� AND " A? &"'_6 PERSONALLY KNOWN TO ME( E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES YHA D ) SIGNATU E MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID./STATE IN L� -e— COUNTY (NAME PRINTED) MY S�►� �4f�R ROBERTA K KERN k cobwtwCN 0977541 STATE OF CALIFORNIA o�'G6a1'_CCM ) SS COUNTY OF ORANGE NW , ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 F'090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 434 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: C-1 s rWm 2'• C—f BS Title: By: �- Name- Title: 4P17z "' -� By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY,a Delaware limited liability company By: LENNAR HUNTINGTON CH, INC. a California corporation, managing member By: Name: i Title: St By 4 Name: s Title: i4S5}. Setre+nnf ''or. A tt�Nl rep By D.1-luty City Attorney J AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California***'***** Its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE ?ZILLION DOLLARS ($5,000,000.00) �� EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and .to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,. contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a nesting duly called and held on the 23rd day of February, 1998: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice President (OVER.) : :. .....: L-R13Pt3SlClaGEN.. .:.,.::: State of California County of Los Angeles On a: before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper ; NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the El_EN.IEZ G instrument. 7,21� R S 7 _z WITNESS m hand and official seal. IG A UR F OTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------- -- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 � State of lit"/�iU P0(Z tV t A County -of _ol(.11'l4 10, )q96 before me,WAQiAlAidj91 112-M)l✓ AIC�A2u of hI Iic, , t On Date Name and sT'tle of Officer(e.g..'Ja a Doe.Notar fT'u lle) personally appeared �I nnt+ O'Ao�_ I"Kli Q.(�0�_ �0 rr m(N - Names)of S79ner(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that tree/they executed the same in Isomer/their authorized capacity(ies), and that by /their signature(s)on the instrument the person(s), t>1tARIAl"R>NTONE or the entity upon behalf of which the person(s) acted, t� Cortvftslon#1088159 executed the instrument. -� Notary Pubic—CofuoMk3 Orange ColM WITNESS my hand and offic' 1> My cofrun,Bq*es Feb 19.2000 ?� Signature of Not 7 hh OPTIONAL rh: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent r: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: z� r: z� Document Date: Number of Pages: Signer(s) Other Than Named Above: �> , Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual J Individual ❑ Corporate Officer 0 Corporate Officer T(tle(s): Title(s): O Partner—❑ Limited O General O Partner—O Limited O General O Attorney-in-Fact Attorney-in-Fact ❑ Trustee Trustee O Guardian or Conservator ❑ Guardian or Conservator - hh ❑ Other: Top of thumb here ❑ Other: Top of thumb here r: I Signer Is Representing: Signer Is Representing: ' t;fit;ei> t'ct>cz�ct> �L -zt> >�ctz tcxt>cz cz>�i e�acz�cz ctt>e rc�ct e�;�ct�i ci ci>�cisci; ;ci:ct:ct; 0 1995 National Notary Aaaodatbn•8236 Renwnel Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reordx:Call Toll-Free 1.800.878.8827 BOND NO.3SM 887 434 00 " PREMIUM 2746.00 2 Yrs FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC. A California General Partnership , (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15081 is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal & Fifty SUM of Three Hundred Forty Three Thousand Two Hundred dollars($ 343,250.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the ' manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24 th 19 96 I ` PLC, A California General PartneKts*incipal By See attached signature block By Americ n oto i is Insurance Comp aySUrety By / ij Id Wil m J. pper—Attorney In Fact By , 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON L /s 1 BEFORE ME 12L A NOTAR PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND .l 1,LjJ PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS�tdf �.D SIGNATURE C� W MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN r� COUNTY (NAME PRINTED) MY COMMISSION EXPIRES /-cf, ROBERTA M.KERN C.OMMi%cN 0977541 x s Notary PuDI'e CWilomin -� ORANGE COUNTY C7 _ *Com 4sion Expf" STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY I (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 434 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Name: 94Yq 4ocx oL Title: By: Name: Title: G/e By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Title: Vice st' By: �N-x- Name: 'TI,uysa L. 54, Dh Title: sst• Se(!rV—+I s j toYt'e`3 S�� e re9 .:.....................:...................................... State of California County of Los Angeles r _ , i(il; On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the _ _: E L T• ,,;, R instrument. ? - - WITNESS m hand and official eal. A URE OF OTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,r.--. . .-.--_--.._ _ _ _ - - - - - - - - - ,cr�:c�,ct.�^c,c-c crcrc,cc-c,�,cSs��rcrc�.cr•.cr.,�rcrc=rrc�r„cc„�r, State of Lit 1UFOf2r.11A # County of On �,ll'lQ o-?, )q9(o before me,WA21AlAiAjig InYTr_)A)t=. lAC. , Date (r Name and Title of Officer(e.g..-Ja a Doe.Nola u i -) �� personally appeared �n� � n'1 50.-1-�2 c3tnoL I� Q.(�0���O i'4n r'— , Name(s)of S�gner(s) personally known to me- to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that tree/they executed the same in his&Er/their authorized capacity(ies), and that by T/their signature(s) on the instrument the person(s), 'S N1ARtALARNARNTONE or the entity upon behalf of which the person(s) acted, #1088159 executed the instrument. -� Natay���txn(c7 MyCorrM1@9*9s Feb 19,2ma JTN:ESS my hand and official seal. . Signature of bl 1 7 � OPTIONAL r�? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh: fraudulent removal and reattachment of this form to another document. r; Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer's) Other Than Named Above: Capacity(ies) Claimed by Signers) . Signer's Name: Signer's Name: O Individual O Individual O Corporate Officer L Corporate Officer ?� Title(s): Title(s): ?� O Partner—O Limited O General O Partner—O Limited O General O Attorney-in-Fact Attorney-in-Fact O Trustee E. Trustee ElGuardian or Conservator . `- t O Guardian or Conservator 9(S: ❑ Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: I 0 11i95 National Notary Aasoclatlon•8236 Renvnet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7164 Prod.No.5907 Reorder Can Ton-Free 1.800.8764UY BOND N0, 3SM 887 423 00 PREMIUM $100.00 1 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15037 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California Genera] Partnnrchii (Subdivider) as principal,and American Motorists Insurance Company as suety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Five Thousand Map,in accordance with said map and said certificate up to but not in excess of the sum of Five Hundred $ 5,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May 19 96 PLC. A California General Partnership as Principal By: See attached signature block By: Americ M+i is Insurance Company as Surety By: 1 ,� Willis J. Shupper-Attorney In Fact By: 9002 r h STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON sc BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 14-m"A j AND L""_ PERSONALLY KNOWN TO ME(OR-PROVE E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND l SIGNATURE: e- `C� / MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ( :LFr1—C, COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN cOmaeWcN 8977641 x A Noury Piblic Calilomy . ORANGE COUNTY O *CoftT66 on Espir" •� STATE OF CALIFORNIA ) Nww "6.1VA SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 9092 8092 MONUMENT BOND BOND NO. 3SM 887 423 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner (� By: Name: bdz&e ez 6 Title: Pr Si 4'e/Z By: �/1�•�Gll/1i+ Name: 0577;'-c o h ei-C,Gi b S _ Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: CZ cpt.,07 a Title: L e By: lt. Name: oc Title: mud 57cc,,u-em City P►[.1FflKNtL-PE3PSACi( lE.... DC�1�1 NT:::::.::.::::::::::::::::::::::::::::::::. ...... ..::::::::::::..:.................................................. State of California County of Los Angeles On --M�T = 1 r— before me, A. Nfelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupper NAME OF SIGNER N Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the - instrument the person(s), or the entity upon - G behalf of which the person(s) acted, executed the - _ instrument. s :. 2 WITNESS I hand nd officia eal. (SIGNATURE OF NOTA Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ,CALI,FORNIA ALL-PURPOSE ACKNOWLEDGMENT - cs`crc-rv� i �r�=ca�rr=c c-r�rcr c. . ....rc rcrcr�rc� State of CAUP0(ZrQ1A County of C7f2 A N�� On ) qq(, before me,YY)ARIA1AiNARJrTrr-�A)F nxra2u �.lC, , Date Name and Tale of Officer(e-g..'Ja a Doe.Nota u i �A personally appeared GSi=4-)Ct-0 try ?� Name(s)of Signer(s) personally known to me- to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that /they executed the same in hisIer/their authorized capacity(ies), and that by t /their signature(s)on the instrument the person(s), MARWAINARIWONE or the entity upon behalf of which the person(s) acted, ti Notary # executed the instrument. - Mycor Orange) es Feb19.Z0M NESS my hand and official seal. 7 hh PTIONAL 7hh' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;S r: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: `S Document Date: Number of Pages: z� Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) r Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): ?� Partner—❑ Limited ❑ General G Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact G Trustee Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here G Other: Top of thumb here r; Signer Is Representing: Signer Is Representing: 0 1995 National Notary A6socfatlon•82W Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.600-876-W7 osaiem AMER.ICAN MOTORISTS INSURANCE COMPANY Home Officer Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.001 EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them ,to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adoptedby the Executive Committee of the Board of Directors on February 23, 198a and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, stall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY &4vl- op 1 ✓ 1�a h►�T' W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President r (OVER) r' BOND NO.3sM 887 424 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19_ and identified as project 1503 ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Seven Thousand One Hundred Twenty_ave dollars($167,125.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that K said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th .1g 96 PLC, A California General Partnership ,as Principal By: See attached signature block By: American Mot .ris s Insurance Company as Surety By. ,N W.Lt1 ' By STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 5 BEFORE ME, A NO Y PUBLIC IN AND FOR SAID STA ,PERSONALLY APPEARED��C'+. � �� AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF�HI THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES MY HAN SIGNATURE .1 MY PRINCIPAL PLACE OF BUSINESS IS > NOTARY PUBLIC IN AND FOR SAID STATE IN CA d,�C-COUNTY (NAME PRINTED) MYW— RIOSERTA M.KERN oca ISSIoN t977541 2 STATE OF CALIFORNIA ) °oAw c 1/Comrri,�7E COUNTY OF ORANGE ) SS Z= 196 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoeo 2 8090, r , LABOR AND MATERIAL BOND BOND NO. 3SM 887 424 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Title: By: Name: . Title: eZ1 Iri.�-A,�-�sr¢� By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member l By: Name: 6x z C. Title: ]� By: Name: d/RS ti 515- vY7 Title: fP_ rno �1i j.i♦ _r J- CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT c� . .. ..cc> c ...c=c 'r �1 State of CAU F02 ry 1A County of i On_, .t Q I off, )q q� before me,YY)A 2'rAl AiI\jQ RI L5,c)&)t= Date ( Name and Title of Officer(e.g..'J a Doe.Nota u i personally appeared 1 ne)Q '1 � M. 50.��2 0.noL�. A Q,C)0�_ n) f!\,_ Name(s)of Signer(s) M personally known to me— to be the persons) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that i /they executed the same in lr/their authorized capacity(ies), and that by kdrmillfw/their signature(s)on the instrument the person(s), ArtMALAINARW ONE or the entity upon behalf of which the person(s) acted, r� Comftsion 0 1098159 executed the instrument. Notary AAft--CoDIOMlo 0=99County WITNESS my hand and o ' ' sea . NN Cortm Fttres Feb 19.2000 y Signafur art P 6C mqpmqpww ,7 h IPTI'ONAL 7 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Z Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 0 Individual O Corporate Officer �l Corporate Officer Title(s): Title(s): 3 Partner—0 Limited O General 0 Partner—O Limited ❑ General t% 0 Attorney-in-Fact Attorney-in-Fact t� " Trustee " Trustee h O Guardian or Conservator - O Guardian or Conservator r: ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8238 Rerrwnet Ave..P.O.Box 7164•Canoga Park.CA 91309.718a Prod.No.5907 Reorder:Call Toll-Free t4W-678.8827 Ciff AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE 2fILLION DOLLARS ($5,000,000.00) ^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein; This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed "and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) ' BOND NO. 3SM 887 424 00 PREMIUM $1714.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as'principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15n-i7 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement NOW,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City the penal SUM of Two Hundred Fourteen Thousand Two Hundred Fif txfollars($ 214,250.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City',its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. I The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on M,;, ?Ath .19 a� PLC, A California General PartnersWprincipal By See attached signature block By AmericAn M'tgrists Insurance Co. as Surety f B X, William .upper-Attorney In Fact By 1 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 /f s6 BEFORE ME, < J A NOT. Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEAREDl �� C- •erbw�/ AND / J-4-z- - PERSONALLY KNOWN TO ME(OR ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS D SIGNATURE I MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Qnty=.!_ COUNTY �ege�-7� rj,. Ir,,:rzy (NAME PRINTED) MY COMMISSION EXPIRES // af•is I ROBERTA M.KERN comissm 9977541 m' Notary h6lie Calilomia ORANGE COUNTY x t Mr Communion Eapim •� STATE OF CALIFORNIA SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. i WITNESS MY HAND I SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 424 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: z?i czoL bc�uP c�wQ Title: v62 By: f?rif'oe� Name: 7' o ae C T.bh v Title: S�crC By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: o at P f e Title: G i'C Name: Z3&eeS6h 077 Title: 0 a y t� v A =OR t,U AL i_PURPOSE ICK tiIF3tiNl IEN .:............... ............:.....................:..................:...:::........................................ State of California County of Los Angeles On V.P;Y `1: 4 M6 before me, A. Nfelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William-i Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon et..,,,,_..r-..r: ^nn-.r�r,..n-n�.-..._.�p....cet+r,•0 behalf of which the person(s) acted, executed the _ u instrument. 2 WITNESS y hand and official seal. �t SI UkE OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS.REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------_----_--_:_---------__- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT cY�— — — cK>rlScK`c!>c^l>c^l>Frcl c l - cC c!cK 5 GG (Sl cK c�6`c G`c..... .�O, Ot n I� State of C LA FO(z County of on la, 1996 before me,MA21AlArN6121 r-,k)t=- Iic, , Date Name and Title of officer(e.g.,'Ja a Doe.Nota u I ') , 7 personally appeared ,�p(1()�'1 I'Yl �d.��2 �d�� Q.c�a_ �(�) �-- ?� Name(s)of Signer(s) jt t gpersonally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that fm /they executed the A same in Isar/their authorized capacity(ies),and that by t /their signature(s)on the instrument the person(s), MARtAtA1NARMTONE or the entity upon behalf of which the person(s) acted, ` _e Nottcry rr !Cdffob9� executed the instrument. Oran e� My�Expkes Feb tq•2MO WITNESS my hand and offici eat____ ` Signature of Nola bBc !p` .1 � OPTIONAL Z`? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: r Signer's) Other Than Named Above: Capacity(ies)-Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 0 Individual ❑ Corporate Officer Ei Corporate Officer T)tle(s): Title(s): Partner—❑ Limited ❑General ❑ Partner—O Limited ❑ General 0 Attorney-in-Fact Attorney in-Fact ❑ Trustee E Trustee ..,, • ❑ Guardian or Conservator ❑ Guarthan or Conservator Other: Top of thumb here C Other: Top of thumb here Signer Is Representing: Signer Is Representing: t' >ctict>et:czt: zz:et>czt�ct;czi�ct: i e .ct>cz ciz;ct�ct: ;cici>ct ci ci>c�r�>�ci cis ci ct>`ci 0 1995 National Notary Association•13236 Rernrnet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7164 Prod.No.5907 Re~..Can Ton-Free 1-e00-e76-ee27 At 9 Council/Agency Meeting Held: Deferred/Continued to: 14 Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ature ---[Council Meeting Date: July 1, 1996 Department ID Number: CDM6-31 CITY OF HUNTINGTON BEACH �+ '-'rn N <<�m REQUEST FOR COUNCIL ACTION r r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS rn SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Community Development Director—�� �- SUBJECT: FINAL TRACT MAP NOS. 15034-37 and'1'5081-86, PORTIONS OF TENTATIVE TRACT MAP NO. 14700, WITH BONDS AND AGREEMENTS (PENINSULA 11) Statement of Issue,Funding Source,Recommended Action,Alternative Actions),Analysis,Environmental Status,Attachment(s) s Statement of Issue: Ten final maps for 306 single family residential units of Tentative Tract 14700 (Peninsula ll, a 389 single family residential unit subdivision), located south of Summit Drive between Seapoint and Goldenwest Streets, are being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: "Approve Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 are in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14700 conditions of approval as approved by the Planning Commission. REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bonds and Labor and Material Bonds as presented in Attachment No. 6 b. Monument Bonds as presented in Attachment No. 5 I 3. Instruct the City Clerk to not affix her signature to a given map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for that map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; C. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. Subdivision Agreement Alternative Action(s): The City Council may make the following motion: A. "Deny Final Tract Map No. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and not accept the offer of dedication, improvements, and bonds." CD96-31.DOC -2- 06/19/96 11:50 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: South of Summit Drive between Seapoint and Goldenwest Streets ZONE: Holly Seacliff Specific Plan (Residential-Low Density-7 Units per Acre) GENERAL PLAN: Low Density Residential MAP SPECIFICS: No. of Lots Final Map No. No. of Acres Numbered Lettered No. of Units 15034 9.728 25 4 25 15035 11.081 52 4 52 15036 8.717 38 5 38 15037 7.401 22 3 22 15081 11.703 43 2 43 15082 7.712 29 1 29 15083 6.737 30 1 30 15084 4.634 15 2 15 15085 8.6271 251 41 25 15086 1 6.5221 271 31 27 Total 82.862 306 29 306 DISCUSSION: On March 15, 1994, the Planning Commission approved Tentative Tract Map No. 14700 for construction of a 397 detached single family unit project. A revision to the tentative tract map was approved by the Planning Commission on March 12, 1996, reducing the number of units by eight for a total of 389 units. Final Tract Map Nos. 15034-37 and 15081-86 represent the first 10 Phases (313 units of the 389) of the project. CD96-31.DOC -3- 06/19/96 11:50 AM J REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 The subdivider has satisfied the Park and Recreation requirement through use of land dedication credits of 5.25 acres within the Bolsa Chica Linear Park. An affordable housing plan for the Holly Seacliff Specific Plan area stipulates that the project contribute to the requirement that affordable housing units, equivalent to 15 percent of the total units, be provided in the Holly Seacliff Specific Plan area. The requirement for Tentative Tract Map. No. 14700 is 58 affordable units. Per the affordable housing plan, these units must be provided after certificate of occupancies have been approved for 500 market rate units throughout the Specific Plan area. The final maps have been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map Nos. 15034-37 and 15081-86 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On January 9, 1990, the City Council approved Environmental Impact Report No. 89-1 for the project itself. Attachment(s): City Clerk's Page Number 1. Area Map 2. Tentative Tract Map No. 14700 3. Tentative Tract Map No. 14700 Findings and Conditions of Approval 4. Subdivision Agreements for each Final Map 5. Monument Bond for each Final MapC &Yi Ii12 �N C- Glvks 0 {' � 6. Faithful Performance Bond and Labor and Material Bond for each Final Map F7/%� s� G �Y Gas o*.c) CD96-31.DOC 4- 06/19/96 11:50 AM I as l.^ J»,a/,jr� ., i ._. 1 r°,.( vawr w!i n � '.-�'•gipQ'l �;\\ ' r,a/�\'•`.�!� a 7��^yy(���-n...� I,��i,1� s'u�l�f'Ln ��IJ 1r �\ - Ialn• I'»- SEACUFF , !j ro ;r a -IUD' '_ 1- SEACUFF GOLF COURSE a a ' �•,�l r m _Yf I 10 `�AVrJ f_f 1 I I-- GOLF COURSE ! / A. a �_�__' 1/ • / I m Y ,„1'v sole r,rm SEACLIFF GOLF COURSE i �=ALDEN k PHASE YAP SSOCIATES ;!' r FOR ma•o` • '�w Yl••i::•P9YrI..Y•Y«� TENTATIVE TRACT NO. 14700 °Rr! ��nrs _ J.•.. .rY Ym PENINSULA.II FA 'xj,, �� w�'�. ig- IME ° ' • Huntington Beach Planning Commission C9 ii P.O. BOX 190 CALIFORNIA 92648 March 15, 1996 Seaclifl'Partners 23 Corporate Plaza Drive, Suite 250 Newport Beach, CA 92660 SUBJECT: REVISION TO TENTATIVE TRACT NO. 14700/CONDITIONAL USE PERMIT NO. 93-39/COASTAL DEVELOPMENT PERMIT NO. 93-23 (PENINSULA H) PROPERTY Pacific Coast Homes, 23 Corporate Plaza Drive, Suite 250, Newport Beach, OWNER: CA 92660 REQUEST: Revise Tentative Tract No. 14700 which is a 397 lot residential subdivision and reduce the total number of lots by eight which will result in a 389 lot subdivision. LOCATION: Approximately 1500 feet southwest of Garfield Avenue and Goldenwest Street DATE OF ACTION: March 12, 1996 Your application was acted upon by the Planning Commission of the City of Huntington Beach on March 12, 1996 and your request was Conditionally Approved. Attached to this letter are the Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision.Ordinance in order to expedite the processing of your total application. (pcc1050-13) Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of twelve hundred ($1,200) dollars and be submitted to the City Clerk's office within ten (l 0) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is March 22, 1996. Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. Sincerely, Howard Zelefsky, Secretary Planning Commission by: n Scott , All Senior Planner Attachment: Findings and Conditions of Approval (pcc1050-14) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 14700R/ CONDITIONAL USE PERMIT NO. 93-39R/ COASTAL DEVELOPMENT PERMIT NO. 93-23R FLNDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 93-39R: 1. The approval of the revision to Conditional Use Permit No. 93-39R will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the subdivision and the revision to delete eight lots will increase the buffer area adjacent to the golf course and the Estates project located to the south. 2. Conditional Use Permit No. 93-39R will be compatible with surrounding uses because the surrounding existing residential housing is single family detached. 3. The revised 389 lot subdivision will comply with the provisions of Planning Area III of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. Conditional Use Permit No. 93-39R for will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential. In addition, it is consistent with the following goals and policies of the General Plan: a. Housine Element which requires a mix of housing types and affordable housing. b. Circulation Plan in'the Holly Seacliff Master Plan and the Holly Seacliff Specific Plan which is the systematic execution of the General Plan. FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 93-23R: 1. The development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program because the revised subdivision conforms to the Holly Seacliff Specific Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 3. At the time of occupancy the proposed development can be provided`with infrastructure in a manner that is consistent with the Local Coastal Program. All required infrastructure improvements will be provided as required by the Holly Seacliff Specific Plan. (pcc1050-15) i 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide lateral or vertical access to coastal resources. FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 1470OR: 1. Tentative Tract Map No. 1470OR is consistent with the General Plan and conforms to the Holly Seacliff Specific Plan. 2. The 108 acre site is physically suitable for the type and density of development. A mass grading plan has been issued which will modify the terrain and create proper drainage for the subdivision. The design of the subdivision and the revision will not cause serious health problems or substantial environmental damage. All potential impacts have been addressed by Final Environmental Impact Report No. 89-1. 3. That the design of the subdivision will not conflict with public access easements. Public access to coastal resources is not required CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 93-39R: 1. The site plan received and dated December 25, 1995 shall be the conceptually approved layout. 2. All previous conditions of approval shall remain in effect. 3. Drought tolerant landscaping materials shall be used in common landscaping areas subject to the requirements of the Landscape Division. CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 1470OR: 1. The tentative tract map received and dated March 1, 1996 shall be the approved layout. 2. All previous conditions of approval shall remain in effect. 3. All curb grades shall be 0.50 % minimum. 4. No cross gutter shall be permitted on clay Avenue at"C" Street. 5. Lot C shall be designated as a recreational open space lot. Lot C shall either: a. Be conveyed to the owner of the adjacent Seacliff Country Club for use as part of the existing golf course; or b. Be restricted to prohibit residential development in the subdivision's covenants, conditions and restrictions. (pcc1050-16) J. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 March 18, 1994 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 SUBJECT: CONDITIONAL USE PERMIT NO. 93-39/TENTATIVE TRACT NO. 14700/COASTAL DEVELOPMENT PERMIT NO. 93-23 REQUEST: Subdivide an 108 acre parcel into 397 residential lots with common areas for private streets and landscaping. the request also includes a request for a 153 unit density transfer from Planning Unit III-2 to adjacent Planning Units. LOCATION: Approximately 1,500 feet southwest of the intersection of Garfield Avenue and Goldenwest Street DATE OF ACTION: March 15, 1994 FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 93-39: 1. The proposed 397 lot residential subdivision with the conditions imposed will be compatible with adjacent uses because of compliance with the mitigation measures in Final Environmental Impact Report No. 89-1 and the Holly Seacliff Specific Plan. All identified significant impacts have been mitigated with conditions. 2. The establishment of the 397 lot residential subdivision will not be detrimental to the general welfare of persons working or residing.in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The elevations and size of the proposed dwellings are similar to existing neighborhoods. 3. On-site parking and circulation are adequate for the proposed 397 lot residential subdivision and does not have the potential of creating congestion and circulation hazards. The circulation conforms to.the Holly-Seacliff Specific Plan. (p=1004-6) Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Two 4. Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Goldenwest Street, Garfield Avenue, Seapointe Street and Clay Street. The Holly Seacliff Specific Master Plan anticipated the levels of service generated by the proposed subdivision. 5. The granting of Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 for a 397 lot residential subdivision will not adversely affect the General Plan of the City of Huntington Beach. The density, circulation, product type and private open space implement the goals and policies of the General Plan. 6. The density transfer of 153 units from Planning Unit III-2 to adjacent Planning Units, detailed in attached table, is consistent with the provisions of the Holly Seacliff Specific Plan, the maximum density permitted by the Holly Seacliff Master Plan and the maximum density permitted by the City's General Plan. FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO:14700: 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for a 397 lot residential subdivision are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential (3.7 units per gross acre). 3. The General Plan has set forth provisions for Low Density Residential as well as setting forth objectives for the implementation of this type of use. 4. The site is relatively flat and physically suitable for the proposed density of 3.7 units per gross acre. 5. Tentative Tract Map No. 14700 for 397 lot residential subdivision is consistent with the goals and policies of the Huntington Beach General Plan. (pcc1004-7) f{�, �� A_1A' C1 liviE LT N0. 5. 2 Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Three FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 93-23: 1. The proposed 397 lot residential subdivision conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan because the proposed subdivision complies with the development standards of the Holly Seacliff Specific Plan. 2. Coastal Development No. 93-23 is consistent with the CZ (Coastal Zone) suffix, the Holly Seacliff Specific Plan as well as other provisions of the Huntington Beach ordinance Code applicable to the property. At the time of occupancy, the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 397 lot residential subdivision will provide infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. Access,utilities. sewer and building heights will be provided as require by the City, the Orange County Sanitation District, and the Holly- Seacliff Specific Plan. 4. The proposed 397 lot subdivision conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed subdivision is located 300 feet away from the water and is not required to provide vertical or lateral access to coastal resources.- CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 93-39 AND COASTAL DEVELOPMENT PERMIT NO. 93-23: 1. The site plan, floor plans and elevations and dated received March 4, 1994 shall be the conceptually approved layout with the following modifications: a. Include remnant of Clay Street as a common landscaped area. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Street and Seapoint Street. c. Revise layout pursuant to Exhibit "A" and Exhibit "B" (attached) dated March 8, 1994. (pcc1004-8) ATTACHMENT NO. 5 Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Four 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. if street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set for h for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). f. Elevations shall depict proposed colors and building materials. g. Any areas within the Alquist-Priolo special studies zone must be investigated prior to issuance of any permits. The completed geotechnical report, including recommendations for the acceleration to be used for designing the structures on the site, or a statement that the adopted Uniform Building Code is adequate for the seismic design of the structures on the site, shall be submitted to the Public works Department. The Public works Department will obtain an independent analysis of the completed geologic report. The cost of this analysis will be paid by the applicant. When the report has been amended to the satisfaction of the Public works Department, the City will file the report with the State Geologist. Construction drawings along with calculations and approved geologic report shall be submitted to the Building Division of the Department of Community Department to complete the permit plan review. (p=1004-9) Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Five h. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of grading permits, the applicant shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A landscape Construction Set must be submitted to and approved by the Departments of Community Development and Public Works. 1. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. Irrigation demands shall be submitted to insure proper irrigation service sizing and the landscape plan shall include drought tolerant plants and turf for all common area landscaping. 2. The landscape plans shall be in conformance with the Holly Seacliff Specific Plan and Section 9608 and of the Huntington Beach Ordinance code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 1 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. c. A grading plan shall be submitted for review and approval. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. The applicant shall obtain a National Pollutant Discharge Elimination System for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer. }^.i 1AOi iiViLl Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Six e. A detailed soil analysis shall be prepared by a registered engineer and shall be subject to approval of the Department of Public Works. 4. Prior to the issuance of building permits, the following conditions shall be complied with: a. The Final Map, for that phase, shall be.accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development, except for model home complexes. b. The configuration of the security gates shall be subject to the approval of the Public Works, Police, Fire and Community Development Departments. c. For any site plans that include architectural features encroaching into sideyard setback areas, Code Amendment No. 93-10 shall be approved by the City Council and in effect . 5. Prior to the final inspection of the first unit of each final map: a. The traffic impact fee shall be paid for the entire tract or approved phase, in accordance with Development Agreement No. 90-1, prior to the release for occupancy of the first unit of each phase. b. A reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. c. All Landscaping of common areas for each phase shall be completed. 6. Fire Department requirements are as follows: a. A Fire Protection Plan pursuant to Fire Department Specification#426 will be required prior to release of building permits. b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections, and corner to comply with Fire Department Specification#401. c. All roadways which are less than 40 feet wide must be posted as fire lanes and must have no parking areas posted pursuant to Fire Department Specification#415. d. Approximately 29 fire hydrants will be required. (pcc1004-11) .�i 1� vi i •d �:..i��i ivy. =_ 1 _ _ l - Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Seven e. All units having a gross square footage of 5,000 square feet or greater must have automotive sprinklers installed. f. Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided pursuant to Section 10.203 and Section 10.205 of the 1991 Uniform Fire Code. g. Building address numbers for each unit must meet Fire Department Specification#428. h. Prior to release of building permits, all measures for compliance of oil, methane, and environmental issues must be completed by phase, per Fire Department Specification #422, 429 and 431. 7. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 8. Private open space/view corridors, for that phase, shall be developed and available for homeowner's use at 50 percent occupancy for each phase. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. 10. This conditional use permit shall not become effective until Zone Change No. 93-3 has been approved by the City Council and in effect. (pcc1004-12) C-H An0iT NO. 5--7 3i 1 .:'J 7:E ' Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Eight CONDITIONS OF APPROVAL- TENTATIVE TRACT NO. 14700: 1. The tentative tract dated received March 4, 1994, shall be the approved layout with the following modifications: a. Include the remnant of Clay Street. b. Provide a minimum 15 foot wide landscape easement adjacent to Clay Avenue and Seapoint Street c. Revise layout pursuant to Exhibit "A" and Exhibit "B" (attached) dated March 8, 1994. 2. Public Works requirements are as follows. The following conditions are required to be completed prior to the recordation of the final map unless otherwise stated. If the final maps are phased, then these conditions shall be applied to each map. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. Submit a separate utility plan showing all underground utilities, along with water system improvements including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with all applicable sections of the Uniform Plumbing Code, City ordinances, Public Works standards and Water Division design criteria and Water Division Rules and Regulations for the Use of Reclaimed Water. These plans shall be submitted and approved by the Public Works Water Department and Fire Department prior to any construction. b. Irrigation services shall be provided per the requirements of the Development Agreement and the Holly Seacliff Specific Plan. c. All public water systems shall be located within vehicular travelways in an easement dedicated to the City or as otherwise approved by the Water Operations Manager. The Homeowners Association shall be responsible for the cost and repair of any enhanced pavement if the water facilities require repair or maintenance. d. All public water systems shall be designed and installed per the City of Huntington Beach Water Division's Design Criteria, Standards Drawings and Specifications. (pcc1004-13) 1 ; A CIH MEN I NO. �2,8 9 Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Nine e. A backflow device acceptable to the Water Division shall be installed on each water service, including irrigation services as applicable. All backflow devices shall be painted to match the surrounding aesthetics. The markings, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. f. Fire hydrant locations shall be approved by the Fire Department prior to submittal of the utility plan to Public Works. All fire hydrant laterals shall be located in a vehicular travelway in an easement dedicated to the City. g. Each water meter shall be sized per the latest edition of the Uniform Plumbing Code. Any residence requiring a type 13-D fire sprinkler system shall have a 2" domestic water service per Standard plan 603-B. Any water service found to be within a driveway shall be removed completely and re-installed at the proper location at no cost to the Water Division. After the plans are approved, if the building plan changes, and, as a result, the water service is found to be sized incorrectly, the service shall be removed completely and replaced with the correct size service at no cost to the Water Division. h. On-street parking, located on curved streets, shall be restricted as necessary to be provide for proper site distance as determined by the City Engineer. i. Sewer systems within private streets shall be owned and maintained by the homeowner's association. j. Interior streets and utilities therein shall be designed and constructed in accordance with the Department of public Works Standards. k. Signing, striping and street lighting shall be designed and constructed in accordance with public Works Standards. 1. All vehicular access rights to the south side of Clay Avenue shall be released and relinquished to the City of Huntington Beach, except at locations approved by the Planning Commission. m. The engineer or surveyor preparing the final map shall tie the boundary of the map to the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (pcc1004-14) H M rE .q Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Ten n. Then engineer or surveyor preparing the final map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. o. A drainage system shall be designed to provide for siltation and erosion control both during and after construction of the proposed project. p. Storm drain facilities, except those draining public streets, shall be privately maintained. q. Hydrology and hydraulic studies shall be submitted for Public Works approval. r. Existing and future utilities shall be installed underground. Underground utility plans shall be submitted to the Department of Public Works for review and approval prior to construction of any underground utilities. s. Sewer and storm drain easement widths shall be in conformance with the County of Orange Design Guidelines, or as approved by the City Engineer. t. All landscaping in common areas shall be completed pursuant to an approved landscape construction set; or a bond may be posted with the Department of Public Works. u. Zone change No. 93-2 shall be approved by the City Council and in effect. 3. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the homeowner's association(s). CODE REOUIREMENTS: 1. The project shall comply with the Holly-Seacliff Affordable Housing Plan. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 3.' Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. construction shall be prohibited on Sundays and Federal holidays. (Pcc1004-15) A 1 lAC MENT NO. . `� Conditional Use Permit No. 93-39/ Tentative Tract No. 14700/ Coastal Development Permit No. 93-23 Page Eleven 4. Conditional Use Permit No. 93-39, Tentative Tract no. 14700 and Coastal Development Permit No. 93-23 shall become null and void unless exercised within two (2) years.of the date of final approval, or such extension.of time as may be granted by the Planning Commission pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. I hereby certify that Conditional Use Permit No. 93-39, Tentative Tract No. 14700 and Coastal Development Permit No. 93-23 were approved by the Planning Commission of the City of Huntington Beach on March 15, 1994 upon the foregoing findings and conditions. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott ess Senior Planner (p=1004-16) A i�ACHMENT NO. i, CITY OF HUNT'INCT'ON BEACH 2000 MAIN STREET* CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19, 1996 PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, July 1, 1996, approved the Subdivision Agreements for Final Tract Nos. 15034-37 and 15081-86. We are enclosing herewith duly executed copies for your files. Sincerely, Connie Brockway, CMC City Clerk CB/ccJ , Enclosure ' 8 �. o A'`� -��✓ fie- .�au,t, . gA'olicwup\sdivagrmt Gx. 9��cc�p wit a,5G1C . O UU I i v • J� OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Jennifer McGrath, Deputy City Attorney FROM: Janelle Case, Deputy City Clerk SUBJECT: Chronology Of The Release Of PLC Bonds For Tract Nos. 15037, 15081 and 15085 DATE: May 8, 1998 July 1, 1996 The City Council Approved: Final Tract Map Nos. 15034-37 and 15081-86, Portions of Tentative Tract Map No. 14700, With Bonds and Agreements (Peninsula II). The recommended action of that date was to: Approve Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086 and accept the • offer of dedications and improvements and bonds. On page 2 of the RCA dated July 1, 1996 under the requirements section No. 2 a. refers to the Faithful Performance Bonds and Labor and Material Bonds in Attachment No. 6 and b. Monument Bonds in Attachment No. 5 (Copy of RCA and Bonds for Tract Nos. 15037, 15081, 15085, 15034, 15035 and 15036 attached). The bonds for tract numbers in this initial council action are correct and as follows: Tract No. 15037 Faithful Performance/Labor and Material Bond No. 3SM88742400, Monument Bond No. 3SM88742300. (American Motorist Insurance Company). Tract No. 15081 Faithful Performance/Labor and Material Bond No. 3SM88743400 and Monument Bond No. 3SM88743300. (American Motorist Insurance Company). Tract No. 15085 Faithful Performance/Labor and Material Bond No. 3SM88743200, and Monument Bond No. 3SM88743100. (American Motorist Insurance Company). After the July 1, 1996 City Council meeting the bonds for these three tracts including all the other bonds for the other tracts referenced in the Council approved recommended action were given to the Treasurer's Office to be held until the time to release them. g:follow-up:tract/bondcorr.doc:jc • Page Two August 18, 1997 The City Council Approved: 1. Releasing of PLC Bond Nos. 3SM88743000 and 3SM88742900 for Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15037. These bonds were actually the bonds for Tract No. 15034) (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88742300 and 3SM88742400 for Tract No. 15037. 2. Releasing of PLC Bond Nos. 3SM88742800 and 3SM88742700 Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15081. These bonds were actually for Tract No. 15035. (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88743300, and 3SM88743400 for Tract No. 15081. 3. Releasing of PLC Bond No. 3SM88742600, 3SM88742500 Faithful Performance/Labor and Material and Monuments respectively (American Motorist Insurance Company) for Tract No. 15085. These bonds were actually for Tract No. 15036. (Attached) The bond numbers were incorrect on the recommended action (but correct in the file) and should have been 3SM88743100 and 3SM88743200. • After the August 18, 1997 City Council meeting the City Treasurer's Office was notified to release Bond Nos. 3SM88743000 and 3SM88742900 for Tract 15037, 3SM88742800 and 3SM88742700 for Tract No. 15081 and Bond Nos. 3SM88742600 and 3SM88743200 for Tract No. 15085. When the City Treasurer's Office pulled the original bonds that were originally given to them after the July 1, 1996 City Council meeting, they noticed that the bonds approved to be released were not the bond numbers for Tracts 15037, 15081 and 15085. This issue was brought to the attention of the City Clerk's Office on May 6, 1997 and research was undertaken to identify the problem. Summary The City Council action of July 1, 1996 to accept the final tract maps, bonds, with agreements, acceptance of dedication and improvements was correct. The author of the RCA dated August 18, 1997 released the bonds for tract numbers 15034, 15035 and 15036 and therefore the bond numbers the Treasurer's Office had in their files for 15037, 15081 and 15085 did not match and the Treasurer's Office would not release them. No bonds have been released at this time for these tracts. • g:follow-up:tract/bondcorr.doc:j c • Page Three The City Clerk's Office believes that due to the fact the original file of July 1, 1996 has the correct bond numbers for Tracts 15037, 15081 and 15085 and that the bonding company is the same for all of these bonds that the recommended action on the releasing of the bonds on August 18, 1997 was a typographical error. The City Clerk's Office would like your concurrence, so that the releasing of these bonds does not have to go back to the City Council for approval. To insure this does not happen again the author of the RCA's referencing bond numbers for tracts will be requested to come to the City Clerk's Office to view the original tract file and make certain that the bonds being released are the correct bond numbers. As an additional back-up mechanism when an RCA comes to the City Clerk's Office for a City Council Meeting, prior to the agenda staff meeting a staff member of the City Clerk's office will pull the original tract file and double check the bond numbers. If you require any further information, please do not hesitate to give me a call. Thank you for your help. • Attachment: RCA's of July 1, 1997 and August 18, 1997 Bonds CC: Shari Friedenrich, City Treasurer Pat Lovelace, Deputy City Treasurer • g:follow-up:tract/bondcorr.doc.jc 1 - �� D� Le_ 61, V /G4 -�` Dys. /V 6 5 . 3 7-) /SU G/ .1 L r 1g-6t e em-e 7z Ox1 77/-; �/� e erg s 7za 011 L12 / 3 /,�D 3 5 150 3!o A6 ��o �r R o ✓�i�-� r�s .�9, � 0_l��s P� sv7 7"y 77 -C T5 , ,► rJ�.� �� RE6)U/�' �/��e1173 ���T_/_U l_� �O•�J fir/ MeA 17 IV 6.. � cv��_ � , `�'/oY�U 6�/7 7 _ GCS `oil 27- Nos IN 7�L//.s //Y/77 Co i7Gl ✓aer �v . /3�3—7oTe��aC 'iD N Z«Yr-e J Ay-A i kki� 3C �13 �zo b I �crD �u _e�.—�'i1�r> 7a e�,su�eyes 72) 6e- yW zz 2t12-rl- z, ee - I l �► �I Al Cra ✓ - D L s ��7y3 a oo - a a a�rre e� aro,�s `/ex 7"7/,,= ad j/a &-ad ame, C �Dk,ee�7 a xv Ala 6 u L "V& n'Ic,C eai7 'y,707-D sr iNsU/CIt/? Co 7,9 MOO) of ✓P/ Q s� g6 o o s cv� d fICT' MAIer Avo, _ Y f U ,T/ CO,e �Ti fi'�F/Z / d;IV /l�V .D CS � Fv e retc:r vo, isa8/ .3 S 1/,q _ e - 0_94OV >Y!a 7 ) 5 7 /A U, c,c C, S 9 e chi ✓e% TtAeSC- o�✓o s LWA•e� /� /. -ZRt9c6 z ZZO , I5OLI °; -ate- &o . 77�E 62- o 1f/6 S e- /,1/gv leh'e u' . ew Tt/ uT 77V �W- P/ /fit C'0 nY4to-4 04 /9�'->/6 A) 6_4 o //V 04-6 h`�� 4 1,16 ee Y 3s172 FS 7 pia �3 s o -7 Aj7-3/ 7Z e 17-6 o k e-x-,g Olc��l 6t, zd_)I_'�_ IVA ZZ) - __,- ., s F-d 7;P,9e T LA/J NOS m � c7-V3aoo 3 <SmPS-7 �a 900 �.' qa-7- O• %56 00/✓U Nos � S/7� 9 - PnO 35/4 & F '74/a-7o Tip 6_ .vo , /So �S �ovv dos u3slnag- 7ZIA60 0 3S 'y ,�3abo . / 77/E TiPe�� �,� OFEIce, Jr ZL oBaxlS" ! /S '� 7 /�U el 1d)-tt-s ZIjOua ram' � �'!TY G� t et AS oG ee- a AZ -7 d Ae,s RA t u� l fP V vMen AM - e o.e e—,,XY1 -- f REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 LOCATION: South of Summit Drive between Seapoint and Goldenwest Streets ZONE: Holly Seacliff Specific Plan (Residential-Low Density-7 Units per Acre) GENERAL PLAN: Low Density Residential MAP SPECIFICS: No. of Lots Final Map No. No. of Acres Numbered Lettered No. of Units 15034 9.728 25 4 25 15035 11.081 52 4 52 15036 8.717 38 5 38 15037 7.401 22 3 22 15081 11.703 43 2 43 15082 7.712 29 1 29 1"5083 6.737 30 1 30 15084 4.634 15 2 15 15085 8.6271 251 41 25 15086 6.5221 271 31 27 Total 82.862 306 29 306 DISCUSSION: On March 15, 1994, the Planning Commission approved Tentative Tract Map No. 1.4700 for construction of a 397 detached single family unit project. A revision to the tentative tract map was approved by the Planning Commission on March 12, 1996, reducing.the number of units by eight for a total of 389 units. Final Tract Map Nos. 15034-37 and 15081-86 represent the first 10 Phases (313 units of the 389) of the project. CD96-31.DOC -3- 06/19/96 11:50 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 1, 1996 DEPARTMENT ID NUMBER: CD 96-31 The subdivider has satisfied the Park and Recreation requirement through use of land dedication credits of 5.25 acres within the Bolsa Chica Linear Park. An affordable housing plan for the Holly Seacliff Specific Plan area stipulates that the project contribute to the requirement that affordable housing units, equivalent to 15 percent of the total units, be provided in the Holly Seacliff Specific Plan area. The requirement for Tentative Tract Map. No. 14700 is 58 affordable units. Per the affordable housing plan, these units must be provided after certificate of occupancies have been approved for 500 market rate units throughout the Specific Plan area. The final maps have been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map Nos. 15034-37 and 15081-86 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On January 9, 1990, the City Council approved Environmental Impact Report No. 89-1 for the project itself. Attachment(s): City Clerk's Page Number 1. Area Map 2. Tentative Tract Map No. 14700 3. Tentative Tract Map No. 14700 Findings and Conditions of Approval 4. Subdivision Agreements for each Final Map 5. Monument Bond for each Final MapC 4�,i r=1 7, C, Cl� 6. Faithful Performance Bond and Labor and Material Bond for each Final Map — m,,, F,% -r,/ C14r C/R-P p f%s--t) n CD96-31.DOC 4- 06/19/96 11:50 AM CITY OF HUNTINGTON BEACri MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: P� 7 ex- Council/Agency Meeting Held: 8_1 197 Deferred/Continued to: ®A proved ❑ Conditionally Approved ❑ Denied City CI k's Signature Council Meeting Date: August 18, 1997 Department ID Number: PW 97-047 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MI—CHAEL T. UBERUAGA, City Administrator PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: Tract Nos. 15037, 15081 and 15085 SubstitutioFonds Subdivision Agreement Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Turnberry Huntington Beach, LLC has purchased Tract Nos. 15037, 15081 and 15085 from PLC Land Co. and is requesting that their Bonds and Subdivision Agreements be substituted in place of PLC Land CO's. Bonds and Subdivision Agreements. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88743000, 3SM88742960 (Tract No. 15037), the securities furnished for Faithful Performance/Labor& Material and Monuments respectively; and, 2. Release,, 'LC Land CO's Subdivision Agreement and Bond Nos. 3SM88742800, 3SM88742700 (Tract No. 15081), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 3. Release YLC Land CO's Subdivision Agreement and Bond Nos. 3SM88�42600, 3SM88742500 (Tract No. 15085), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 0025790.01 -2- 07/24/97 1:35 PM kcQUEST FOR COUNCIL ACTIvN MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: PW 97-047 4. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89189000, 3SM89189100 (Tract No. 15037), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 5. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89110200, 3SM89188800 (Tract No. 15081), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 6. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89110300, 3SM89188900 (Tract No. 15085), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 7. Instruct the City Clerk to notify the previous developer, PLC Land Co. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. Analysis: On July 1, 1996, the City Council approved Final Map Nos. 15037, 15081 and 15085 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Turnberry Huntington Beach, LLC purchased Tract Nos. 15037, 15081 and 15085 and has requested that the City exonerate the original Bonds posted by PLC Land Co. and substitute their Bonds. Following is a list of project data: Subdivider: Turnberry Huntington Beach, LLC, 15751 Rockfield Ave., Ste. 120, Irvine, Ca. 92718 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). 0025790.01 -3- 07/24/97 1:35 PM kEQUEST FOR COUNCIL ACTIuN MEETING DATE: August 18, 1997 DEPARTMENT ID NUMBER: PW 97-047 Attachment(s): City Clerk's Page Number ........._._...._......._.......... .........._...._ ...._ ... __. 1 Location Map 2 Faithful Performance/Labor & Material Bond Nos. 3SM89189000, 3SM89110200 and 3SM89110300 3 Monument Bond Nos. 3SM89189100 3SM89188800 and 3SM89188900 4 Subdivision Agreements for Tract Nos. 15037, 15081 and 15085 RCA Author. B. Crosby, phone extension 5247. 0025790.01 -4- 07/24/97 1:35 PM • BOND NO. 3SM 887 426 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC A California r]Pnrral Parrnarchtp (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15036 .is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Eighty Two Thousand Eight Hundred Fifty dollars($ 82,850.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration ' or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th PLC, A California General Partnership as Principal By: See attached signature block By: American oto •ists Insurance Company as Surety i By: "i ill Fete By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ) SF6 BEFORE ME, A NOT RY PUBLIC.IN AND FOR SAID STATE ERSONALL APPEAREDL �/(�J �• . AND PERSONALLY KNOWN TO ME(0 r'ACi6RY EjftBENf3Ej TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHI H THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY H SIGNATURE ) 0AI U -h f'5.p�,,,J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Pt s-y c-- COUNTY C r/SC1'L-1() Vh . F/i:n.N (NAME PRINTED) MYCOMMIMOMP111E.S. ROBERTA M.KERN COMMISSION 8977541 STATE OF CALIFORNIA ) ;: �' Noury Pick CaWa,d. 011 11= e SS , My Cc Exota COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 426 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: 7h' lz c 6-1 s Title: By: Name: .Dv EiIF Title: wiz By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: /f/ Name: A. �e Title: By: ' Name: /�oj/L fOrj Title: C . . ;;. C"r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rrF.r���-�`.cif`.c-'C.CS`.c:l>.cK.,�:C..c:(`.K.cC.,c=^C`.c<•`cGG-^icG.C�JC{`- .c�l.,c`!`,cK`.(�C'.c:!`.cK>.G`fJc:fS�(>.[:!`.c`IJc:G.CS:CSJCC`.C=��;CJc^<`.c':<-`.CS`.c�C•`.GG.cK`,c=l-`,cY',c(`—y� State of C.t- UF(2)(ZtvIA I County of)l.l- On , ► 2 Jai lq% before me,MAQiAIAipJe9PinYT-OA)E Ak)1 U Date hI Name and Title of Officer(e.g..*Jae Doe.Nola ul n�ll). i personally appeared �{�'1Cx o :Y&R2 0Ack_ t,_KQ D.(�_ 20 t CA Dry , Names)of Signer(s) personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that t /they executed the same in fir/their authorized capacity(ies), and that by ITT/their signature(s)on the instrument the person(s), `S or the entity upon behalf of which the person(s) acted, MAMALAINARMONE Cor n**)ni1068159 executed the instrument. -�i Notary Pubic—Ccdbmks OmngaCoumY WITNESS my hand and official seal. MY Cemrttt EVi a Feb 19.2MO Signatur& ublic . 7 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ct Title or Type of Document: ( Document Date: Number of Pages: n Signer(s) Other Than Named Above: ' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): ?� '.0 Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General D Attorney-in-Fact ❑ Attorney-in-Fact Trustee a Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator t Top o1 thumb here Top of thumb here U Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association-8236 Remmel Ave..P.O.Box 7164•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.600-876-M7 .::,:...........................:.:...:.....:..:..:.:...:::..:..::....:.............:..:..............:................::.:::::::::::::::::::.:._:::::::::::::....................... . .:::::::::::::::::::::.::::::::.::::::::::::::::::::<::::: t ;O:RISt -Pt1 C p. G « >:'>>>::>>::>`::: .......: >> <.:::::'::>::: : `:>:?: :......>>......:...........::::::::.:::::::.::::::.:......:.....:....................... State of California County of _ Los Angeles On " ; before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1 Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the-entity upon '.7OJOC:I:1C•I,.�!:il%.�JuC'(.00-:.P7 UC.OUVUVUUUU V4C � �. r1tLENGEZ c behalf of which the person(s) acted, executed the R - C-I'MP.). T 107791p instrument. s -- ->; -- - s r.=_:c r 2 WITNESS mY and and official seal. 000c•cec::.ec,ecoccr.^cc acc000ec0000000uo 4 (SIGNA1JRE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ 'PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES). ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE farms AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Crave, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the lams of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******* Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) ******� ^ ^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.. This appointment may be revoked at any tine by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such. officers of the Company may appoint agents for acceptance of process.- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in weiting and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power to executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY gao�f - 2- 001, W. A. Grauzas, S cr Lary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 426 00 • PREMIUM $1326.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project !5036 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of One Hundred Sixty Five Thousand Seven Hundred dollars($ 165,700.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City',its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 11 , The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time;alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on M.V ,/t,, .19 qr, PLC, A California General PartnerWPrincipal By see attached signature block By Amer' an t gists Insurance Co. as Surety By I Will am hupper—Attorney In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7. l94G BEFORE ME, , A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED_o AND -.�/�,C� PERSONALLANOWN TO ME( RrEMENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE l a. --�, MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY A �--2T1q M I'LegN (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN 0 ODWAS"8977541 z .'d . • NM PuGE dic CYlilomia = ml com holm Exww � Novort4w I.fpp6 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE j ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ' 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 426 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner n n Name: i: Grlvc� Title: 7-5'eSl-Afelte By: 14 Name: ??- o co,C.' i S Title: ecre cry By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: / cL fG Title: C By: aV Name: PolyzeiW Title: � Vy BY � J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CiAL FO2 rsi A County of 1 On �(.l Q R, 199(o before meXAAP6A1AiN6Rln)TA)t^ AIIE� icl , 1 Dale Name and Tale of Officer(e.g..'Jae Doe.Nola u I -) fr ter— 1 personally appeared �n(1(� 'lC�n� 1'Y) S0.-t�2 0.nd` lyQl�9.(�0�_ ��) !�- Name(s)of Signer(s) 9personaily known to me-me—eR be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that ire/they executed the `2 same in lr/their authorized capacity(ies), and that by 'S T/their signature(s) on the instrument the person(s), S or the entity upon behalf of which the person(s) acted, r rh _ �0 tMo executed the instrument. �59 Notfary Pjbec—CcBfomk3 orangecounly WITNESS my hand and official seal. My con Dl�lres Feb 19.2MO ccS Signature INEW m h OPTIONAL 1`? Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent T� fraudulent removal and reattachment of this form to another document. �s Description of Attached Document r-. Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual J Individual u Corporate Officer 0 Corporate Officer T(tle(s): Tftle(s): Partner—O Limited ❑ General (=! Partner—O Limited ❑ General hAttorney-in-Fact Attorney-in-Fact e.: Trustee Trustee Vicill D Guardian or Conservator '- I O Guardian or Conservator `- ;3 Other. Top of thumb here D Other: Top of thumb here rhh: F Signer Is Representing: Signer Is Representing: et ct>cz>ct�tt�ct:cx.<<xct>�ciict;ct�cttacisc-c >circ ci�ci:ci ci>ct ci>�c�t> sci>ai ci ci:cc ci;ci; ;�i;ci ct:c� 0 1995 National Notary Association•8238 Revrwyw Ave..P.O.Box 7184•Canoga Park,CA 9130-7184 Prod.No.5907 Reorder:Can Ton-Free I.800.876-M7 C1}. 1~:.:..:.:.��.L-Ai3RA{3SIG}�1 K�€...11UL ...�#..�1� .. ..... ...... ... ......... ... ..... :::.::..:::._:::. .. ................. State of California County of Los Angeles On i A.} 4 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William1 Shu1212er , NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the "'`.""" instrument the person(s), or the entity upon ` �` G Rom;.: ,.�, r:i TM;�- R behalf of which the person(s) acted, executed the s instrument. _ - OUCCCWITNESS my hand and official se i (S N RE OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING:. NAME OF PERSON(S)OR ENTITY(IES) -------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND NO. 3SM 887 425 00 PREMIUM $100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15036 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Ten Thousand Two Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fifty $ 10,250.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May 19 96 PLC. A California General Partnership ,as Principal By: see attached signature block By: A as Surety By. i Shupper-Attorney In Fact By: R092 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) u �S6 BEFORE ME ON 0 A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Ct'pa-' AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M AN SIGNATURE -r���ti�-i� e1 MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 4 COUNTY Cc� �TZ rh. 1 rod) (NAME PRINTED) MY COMMISSION EXPIRES s+" ROBERTA M.KERN Y COMMWCN 8977541 x �• Naary Pubc Caliiania 2 ORANGE COUNTY V MY Comricaion E■pna STATE OF CALIFORNIA SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092 1092 MONUMENT BOND BOND NO. 3SM 887 425 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: i oL aGv�z c� Title: fGti By: Name: �S o crC.G h S _ Title: Cc�e By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: I aff Title: - c ac By: 0.1 1 a, Name: uc o i Title: ALSS-g�. ct _ T" i 0 n Y .,, r r,t.tor e • _ L'�VJ % J, •�o.rneY State of California County of Los Angeles On MAY � 4 JVJ� before me, A. Nlelendez, Notary Publics NAME,TITLE OF OFFICER personally appeared William T.Shuoger NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon G behalf of which the person(s) acted, executed the 1 Ifs_'�a A. %li Er-LE'�DEZ CC►�n�. ;:_�� �J R instrument. S _- tl _ _�`�h S 2 _ 7- WITNESS my nd a official se ! - D li::-JOU. ..:f,L. .JOt.-...,4 ''l'J':•'10700:,n0 (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ 'PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .r ,�.c��',cescr��r.,c=c�,�-c>,�=c„�c.,ct'.�=-r,�-c�,�-:carc=:e,��--c.,�=ccr-,cr,�-c�-:rer.�=c�.crcr,�=-c'.c;c.�.�.�.c��>.crc=r�.c�rcr.€,r,�-r•.�c.��r.--,y� ' State of CAU PO2 N f A County of On_moZaAq la, M(o before me,YY)A21AlAiNAR�"r�t= r1krA2U� IicC , h oate Name and Title of Officer(e.g.,'Ja Defoe.Notar�bitC-) personally appeared 1p�(). 'lC�r�� YY) S0.-��2 0.no� 1� J► U 10— pnb (�M, Name(s)of Signer(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that /they executed the same in hisiber/their authorized capacity(ies),and that by h /their signature(s)on the instrument the person(s), IA kRWAINARNTONE or the entity upon behalf of which the person(s) acted, •1t7I381t� executed the instrument. Notayqbc_cfAbrrdo omirgaovAtY NESS my hand and official seal. h+tY�'ri��Feb 19.21700 L Signs ure lotary.PuDt. OPTIONAL h Though the information below is not required by law, it may prove valuable to persons relying on the document and' could prevent r fraudulent removal and reattachment of this form to another document. r � Description of Attached Document Title or Type of Document: ` t Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer 0 Corporate Officer Title(s): Title(s): J Partner—O Limited 0 General O Partner—O Limited ❑ General J Attorney-in-Fact O Attorney-in Fact 0 Trustee O Trustee ( O Guardian or Conservator . `. O Guardian or Conservator l` ❑ Other: Top of thumb here ❑ Other: Top of thumb here r: Signer Is Representing: Signer Is Representing: 0 199S National Notary Association•a236 Rarrvnef Ave..P.O.Boa 7184•Canoga Park,CA 91300.7184 Prod.No.5907 Reorder.Call Ton-Free 1-600-876-M7 MAN l mwam .. r9f� AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California'*****'*** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,;exceeds FIVE MILLION DOLLARS ($5,000,000.00) '* --- ^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf'of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 1 ✓ � !tea h^Zi' W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice President (OVER) BOND NO. 3SM 887 427 00 PREMIUM $110.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15035 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Thirteen Thousand Map,in accordance with said map and said certificate up to but not in excess of the sum of Seven Hundred Fifty $ 13,750.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this ,L rh day of May 119 96 PLC, A California General Partnership as Principal By. See attached signature block By: Americ rot4s Insurance Company as Surety By: Wi144dm Shupper-Attorney in Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ), is BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED _ ANDS -G1-rC.J PERSONALL WOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MIN SIGNATURR (�- / �� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY Ila 6-)27W /),. RM& (NAME PRINTED) MY COMMISSION EXPIRES re '= ROBERTA ht KERN n y CoWissiON 9977541 x Nmly Pwrc cowwr a ORANGE COUNTY C STATE OF CALIFORNIA ) Novon°"°•1VA ) SS COUNTY OF ORANGE ) ON BEFORE ME,_ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES MONUMENT BOND BOND NO. 3SM 887 427 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: ' cz b aCvczc� Title: �Si e2 By: Name: T�s o erC, 6 S Title: i�-cfetci/-r-/ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member / By: Name: iz e Title: By: Name: BfCS oirL Title: f• ccrc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CA U F0(.-;- rQ IA County of On 0 1 A It Q o-?t )Q 9(o before me,YY)A 6 Al A WA f2 /1Xr ���Tta�yy uhl,ic :{ Date ( Name Till and e of Officer(e.g..'Jahe Ooe.Nota t u -) personally appeared o n(lr��l-h(x n� rYl S0.-F�2 ar�oL�. ►Q.t . Pn i An tti t r Names)of Signer(s), �Lpersonally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that fscio a/they executed the same in her/their authorized capacity(ies),and that by ter/their signature(s)on the instrument the person(s), UMONE or the entity upon behalf of which the person(s) acted,MARLM" r' corrif7llsdon#1088159 executed the instrument. -e Notary RibEc—ccifornla myconm�Ev"FDFeb 9,2000 WITNESS my hand a official se _ ignatu N uDt 1i 7 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. r Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: .� ❑ Individual ❑ Individual O Corporate Officer O Corporate Officer ?� Title(s): Title(s): ?� ❑ Partner—O Limited O General ❑ Partner—❑ Limited O General O Attorney-in-Fact ❑ Attorney-in-Fact z� ❑ Trustee u Trustee it(S ❑ Guardian or Conservator . '- ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here I Signer Is Representing: Signer Is Representing: 0 1995 Nations,Notary Aaaodatlon•6236 Remrnet Ave.,P.O.Box 7184•Canoga Park CA 91309.718{ Prod.No.5907 Reader.GE Too-Free 1.600-876-M7 �A#..1F.. R�t�.�.t'✓.. URA;E�S�s'�E:kE7..1..�fTL�..::l�i>�N.:.. .:....... .... ..... ...: ....::::::::::::::::::::::::::....:.... .. ......... ... ................ State of California County of Los Angeles On before me, A. Nfelendez. Notary Public, NAME,TITLE OF OFFICER personally appeared William-T Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ;0ELEENDEZ a instrument. 77910 a i . _- _._ - WITNESS hand nd official�se'al. OUOOO n � IGNA R F NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR' ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------------- -- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MCI Mir i AMER.ICAN. MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.- This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1984 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process.- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be.affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY ✓ � lea h�i(T' W. A. Grauzas, S cr terry '`.z by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 428 00 PREMIUMWith Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC. A California Cpnvrwl Pnri-nerchin (hereinafter designated as'Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15035 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Ninety Six Thousand Three Hundred dollars($ 96,300.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City'in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 'y I t affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: American Moto is s Insurance Company as Surety By: �.. By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON _ 7,/5 SG BEFORE ME, n � A N ARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED L,�) C Z� AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS Y H�1 SIGNATURE I lt-L MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ()A A i COUNTY (NAME PRINTED) MY CO I q&aLES /1-6-f-jE ROBERTA M.KERN ) a : oowae�ssan�977sat x STATE OF CALIFORNIA � . rra. P,erc Ca6lomia �' SS = o�u E err c COUNTY OF ORANGE ) rw.m IM«rea e.ios6 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8M 2 9090 ti\, LABOR AND MATERIAL BOND BOND NO. 3SM 887 428 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: - /1-1- Name: d/f(2 I Pff C/1 Tl S Title: By: Name: Title: / By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By:— ; Name: 17,9,7m "Z G Title: i e yj By: Name: G'+CSGt Title: .S'cCC :.....t?..::.::.; :....:;:.�:.:::... State of California County of Los Angeles On before me, A. \ielendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shu-pper ; NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ccrccr'l'f ICC-L...r4"uv--..'��, ,- J-100,) 00 behalf of which the person(s) acted, executed the t r. ..,� C J A, �'=�.r.r�-�-Z a instrument. _ - -- 2 WITNESS my hand nd official seal. L I (SIG A R F Nb AR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------- --------- American Motorists Insurance Company SIGNER OTHER THAN.NAMED ABOVE CALIVORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - State of �.til,�FOt2fv�A County of t On � .IIIQ a, ) qg(, before me,W0 I01Ain1Al�lrL1T��F.IL�Al2�f Date ( Name and'rdb of OfGoer(e.g..'Jahe Doe.Note u t _ ;; i personally appeared --V(1n '1c !Y) S0.-E�2 (mod` I �4h 4.[�0�_�d►rr�7�ti G Name(s)of Signer(s) personally known to me— to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that tseis4e/they executed the same in tamer/their authorized capacity(ies),and that by I /their signature(s)on the instrument the person(s), MARIAIAINARMONE or the entity upon behalf of which the person(s) acted, r� Conn lWon#IMB159 executed the instrument. -e Notary Pubic—CalfornM ' OrfrgfaCounty WITNESS my hand and 0 ff0 My Comm.B*w Feb 19.2MO Signature of Notary (S 1 c'- 7 OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh? fraudulent removal and reattachment of this form to another document. r; Description of Attached Document `� Title or Type of Document: I� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ?� ❑ Partner—❑ Limited ❑ General ❑ Partner—0 Limited ❑ General ?� ❑ Attorney-in-Fact ❑ Attorney-in-Fact z� ❑ Trustee u Trustee ❑ Guardian or Conservator `- t ❑ Guardian or Conservator `- ❑ Other: Top of thumb here ❑ Other: Top of thumb here r; Signer Is Representing: Signer Is Representing: O 1"S National Notary Asaodatlon•82M Renrnef Are.,P.O.Boa 7184•Canooa Park.CA 91309-7184 � Prod.No.5907 Reorder GA Tod-Free 14W"76-W7 oarae� AMERICAN MOTORISTS INSURANCE, COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking_weeds FIVE MILLION DOLLARS ($5,000,000.00) ^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein- This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the sold American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned.Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, .That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY t=M I v r � 1�0. h'►(r' W. A. Grauzas, S c tary by J. S. Kemper, lll, Exec.Vice President (OVER) . BOND NO, 3SM 887 428 00 PREMIUM 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated - 19 and identified as project 1503.5 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Mntnri ctc Tnciiranrr C=pany as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUmof One Hundred Ninety Two Thousand Six Hundred dollars($ 192,600.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. i 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnersha!pPrincipal By See attached signature block By as Surety / V 41�/ By i1 'i Peer- ttorney In Fact By I 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON L ,BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Z c-� AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS D SIGNATURE -'-��°' �t_j MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE COUNTY 1-7, e, 2N (NAME PRINTED) MY COMMISSION EXPIRES ROSEWrA M"KERN p = COMMISSION 1977541 2 Notary hVic CafiWr i& S ORANGE COUNTY C Mir Commaaipa apim - STATE OF CALIFORNIA SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 428 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: 7 Name: Title: By: Name: Title: SeCA-- By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, . managing member By: Name: o a Z 4 GLIB If 7Zb,(� Title: %C G By: Name: rCsca o ' �7 Title: ccrc czr G �P,� FOR;,',: 1 L;. U' 1017, City ntterney. By; ep sty City. ey, 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r crc� c cr�r�-rr=c -•---------c CAU �>crc c�c cc�c>crer�rcrc'cc ccrcc����>ire c c��c c�=c�ri ri--e��r��-cam y� State of P02 N IA r7 ' County of N 1 On . (.IIIQ tar Igq(o beforeme,YY)A2iA1AifQARj 11-b&XE A)CE1s .( a U(� , Date Name and Title of Officer(e.g..-Jafie Doe.NotarfTUitc-) r personally appeared r Name(s)of Signer(s) 9personally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that t /they executed the same in his&er/their authorized capacity(ies), and that by RtAl�4Ri1\t1oNE tT/their signature(s)on the instrument the person(s), Cotrvrt&sloni1088159 or the entity upon behalf of which the person(s) acted, -.s Notary Public--C11:110nlo executed the instrument. of=lge cotulty My Comm.DptresFeb 19.2MO 1, WITNESS my hand and off ici Lseal. Signature o r 7 hh OPTIONAL rh' Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent S rhh: fraudulent removal and reattachment of this form to another document. r Description of Attached Document Title or Type of Document: is Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)_Claimed by Signer(s) r Signer's Name: Signer's Name: ❑ Individual u Individual ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): z� _J Partner —❑ Limited ❑ General E] Partner—❑ Limited G General Attorney-in-Fact Attorney-in-Fact Ll Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: �^ci;.ai>,ci> 0 19"National Notary Association•e236 Ron-not Ave..P.O.Box 7184•Canoga Park,CA 91309.71B4 Prod.No.5907 Reorder.Can Toll-Free 1-800878.8827 ....�'r..A#=1FOR�tI� L PE�3�PQS�:�►EKN....l�tt-ICDG�...N� ..:.... . ......... .. ...... ...... ...:::::..::::::::.::::...:.:.................................... State of California County of Los Angeles On before me, A. Melendez, Nota[y Public, NAME,TITLE OF OFFICER personally appeared William Shup2per NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the «��� J instrument. - n L;1il � G G +C77��J R _��Y,.,,:r c :;tip s WITNESS my and id official se s 5 : _: _.: 2 2 _ �pnr.nn^P^ppn•:.be Of•or+n On(+nr.nn nnn.O 00r•ru.P (S GNAT RE O NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----- ------------------------ American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND N0.3SM 887 430 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15034 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the Sum of Four Hundred Nineteen Thousand Seven Hundred Eighty Five dollars($ 419,785.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24 th .19 96 PLC, A California General Partnership as Principal _ By: See attached signature block By; Americ n hiitori�ts Insurance Company as Surety By: r� By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) Q ON BEFORE ME, r�...a�-L�- '7t1t A NOYAY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED C.r�t ti -fiA,.J AND 14 B t. PERSONALLY KNOWN TO ME( F O ATISFAGTORY EVIDENeE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALFQF-iNHI THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNE lk MY HAN j SIGNATURE ) .�.f, � k �D MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 4d ti,t— COUNTY (NAME PRINTED) MSYePdRES ' 77I1 ROBERTA M.KERN 00wAiS810N•977541 = STATE OF CALIFORNIA ) w Nc, ulom� SS = ►iCo"mimian Exo m a COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 9090 r r , LABOR AND MATERIAL BOND BOND NO. 3SM 887 430 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: �--- Name: C ff-g�b 04r." 2 < <*4/ S' Title: By: ' Name: U L Lf� Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Jo M. Title: vi By: l Name: Title: 5t. S'y.re'i0 r y i ;.:..i.. 1 _ �.• ? :, T'� -torte 4 BYE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaUP02rQIA t County of n R(�ICE✓ On ac.cllQ I o?, MG before me,MA6411 Ain119 Rut'tTt7n E AXMT�U n(l blic' .. Date Name and TAW of Officer(e.Q.,'J Doe.Notal'Pubfc) personally appeared (lt'L '1( f�� Yl� S0.-t-�2 c�>1dl'� Q.c�o�� Po)rrnr\— Names)of Signers) personally known to me- to be the person(s) ' whose name(s)io/are subscribed to the within instrument ' and acknowledged to me that l /they executed the same in hiss tr/their authorized capacity(ies), and that by hia�/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,MARAIAM z� ConVT"ori w 1088159 executed the instrument. }� *My NotaryP(g!a—C,y�Orange County WITNESS my hand and official seal. CanyM BOM Feb 19.20M - Signature o •;, 7 h OPTIONAL ?h� Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Zhh: fraudulent removal and reattachment of this form to another document. h (S Description of Attached Document Title or Type of Document: t� Document Date: Number of Pages: Signer(s) Other Than Named Above: '> Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual O Individual ❑ Corporate Officer O Corporate Officer ?� Title(s): Title(s): ?� ❑ Partner—❑ Limited ❑ General O Partner—O Limited O General A O All orney-in-Fact O Attorney-in-Fact A ❑ Trustee u Trustee A (S O Guardian or Conservator . `- O Guardian or Conservator �3 ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: •� 'Z`t'rt^SL;C�tF. c2,^cZ> t; t7c ' O 1M National Notary AcsoC1.don-8298 PonwW Ava.,P.O.Boc 7184 a Canoga Park.CA ti1309-716t Prod.No.$907 Reorder Cal To/•Fred 1-800,878-M7 ....................................:: CA OR ItA..... tat L,lE .. t�LEt± ...... :::::::.:....................................................... State of California County of Los An eles , 4 '`7 On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon OL LENDFZ behalf of which the person(s) acted, executed the _ - _ r; a instrument. 2 _ _. - 2 WITNESS m hand nd official seal. OLD (MIGNATURM5P NOTARYY 7 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ 'PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES O ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: - DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------- ------ American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ' harms rsu,ntm turret AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California***'**** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) �* -------------*- EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory rote, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which ie hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in.writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 19914 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice Presiders (OVER) BOND NO.3SM 887 430 00 PREMIUM $6717.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC A California General Partnership (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15034 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Seventy sum of Eight Hundred Thirty Nine Thousand Five Hundred dollars($839,570.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City',its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC, A California General PartnershWrinCipal By See attached signature block By American t r'sts Insurance Co. as Surety By Willia hu per-AttoFIIey, In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 If it BEFORE ME, A NO RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO MNi+i E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MUAND J SIGNATURE I A—�+Lac,../ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN C. COUNTY I Ccr�rYzll� tit. Kr�L:l� (NAME PRINTED) MY COMMISSION EXPIRES //-S-h ROBERTA W.KERN g s COMNlS CN#9C p7 541 x S OWWGE COU+iT" My Cwmi im E.*., STATE OF CALIFORNIA ) ►+o.++e«�.+ ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 430 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: c Name: 4oa._ Title: vKSi erLL` By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON B ACH INC. a California corporation, managing member By: Name: oVL Title: By: PP- -4-1-2 Name: o--vest Ivih v\ Title: -CALI.FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cf' U F0(Z r,,1 IA County of C7E2 A f)6� On TIAAQ 10, )q% before me,WA6PJAiA)6l2jn�Tr�E Date Name and�Tille of Ofter(e.g..'Ja a Doe.Nota u l ') personally appeared (lt 1"�'1'1Ct r�� (1') a4c cat naL I`.Pllpl�Q.( _ hNames)of Signer(s) jt - r: Lpersonally known to me— to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that t /they executed the same in Ir/their authorized capacity(ies), and that by ITT/their signature(s) on the instrument the person(s), `S hh MARL"NARINTONE or the entity upon behalf of which the person(s) acted, 2 r Cornmisslorl#1088159 executed the instrument. }� •i Notary Rao—Colf0mla r� - COLN fly MYCorrnt=t.�l Fab q,200p WITNESS my hand and official seal. h ignature of N 1 7 hh OPTIONAL lhh`' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent r: fraudulent removal and reattachment of this form to another document. . 1 Description of Attached Document Title or Type of Document: Z� 6 Z Document Date: Number of Pages: Signer(s) Other Than Named Above: '> Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual L] Individual O Corporate Officer El Corporate Officer ?� Title(s): Title(s): ?� J Partner—O Limited ❑ General i 1 Partner—O Limited G General 0 Attorney-in-Fact Attorney-in-Fact en 0Trustee Trustee O Guardian or Conservator O Guardian or Conservator hh ❑ Other: Top of thumb here 0 Other: Top of thumb here r: 7 Signer Is Representing: Signer Is Representing: ID 1995 National Notary Association•8236 Remmet Ave..P.O.f3os M41•Canoga Park.CA 913094184 Prod.No.5907 Reorder.Can Toll-Free 1.800-878.8827 Ar3itcRPf3S5eKtc7ltsiD... It't< State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper ; NAME OF SIGNER ■Personally known tome - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ` _ A. S^ELENDEZ behalf of which the person(s) acted, executed the . G P ( ) R = S - =' ;t. ��%9? a instrument. 2 $ �. - _ --` y- L _ -_- 2 WITNESS my hand a d official se 1 1 � (WNAT�j O OTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S). ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --- -- American Motorists Insurance Company SIGNER'OTHER THAN NAMED ABOVE BOND NO. 3SM 887 429 00 PREMIUM MUM 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15034 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company , as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Six Thousand Five Hundred $ 6,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May 19 96 PLC, A California General Partnership as Principal By. See attached signature block By: Ameri an W)FTrists Insurance Company as Surety By: i a upper- ttorney In fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) (--I?rt, ON 7_/9 5 L .BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED / Cam- • �,..,,,.! AND PERSONALLY KNOWN TO ME(0BE-9� ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES SIGNATURE 1L.,L-DILJMY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID S ATE IN t,�,5, COUNTY '--j)5 C-� , J4?. leM- ,l/ (NAME PRINTED) MY COMMISSION EXPIRES ROSERTA M.KERN c COMvlL%4N 9977541 x _: s Nary pu Jc Wfwnia 3 ORANGE CouNTY C7 kMi Caftnuion Eapim Nonffbw a.19% STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON- BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES MONUMENTBOND BOND NO. 3SM 887 429 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: 044alve Q Title: 17 By: Name: r&6 S Title: �5'ccfe Z`'ctrr-/ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: a Q �G Title: By: d' - Name: $ttS Title: CAe to- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r r. . -. State of CAUFQ2ryl(A , County of On��l.l�'lQ o-?, ) 99(o before me,l2')A6,0AiA)6R1 SUE nITT- O iC, Date' Name and Tille of Officer(e.g..•Jaf)e Doe.Notar(Publh-) personally appeared �ln�{�'lc�rl� SA-��2 nd�� lt Q c�o�� O(�( Name(s)of Signer(s) 9personally known to me— to be the person(s) ?� whose name(s)i%/are subscribed to the within instrument and acknowledged to me that /they executed the same in his&erhheir authorized capacity(ies), and that by ` lT/their signature(s)on the instrument the person(s), `S or the entity upon behalf of which the person(s) acted, ?� rh5 f 1�oTONE executed the instrument. Notary F1bdo—Ca0f0Mk3 h ancrvic" NESS my hand and official seal. rh My Corm E3glres Feb 19,2000 �S 5gnalure 7 hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent hh fraudulent removal and reattachment of this form to another document. S r' l� Description of Attached Document ?� Title or Type of Document: r� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual L� Individual 0 Corporate Officer L, Corporate Officer Title(s): Title(s): Partner—D Limited O General Partner—0 Limited E, General , Attorney-in-Fact Attorney-in-Fact CJ Trustee Trustee h 0 Guardian or Conservator 0 Guardian or Conservator r: 0 Other: Top of thumb here ;_; Other: Top of thumb here r: Signer Is Representing: Signer Is Representing: �h p IM National Notary Association•8238 ReRr++ef Ave..P.O.Box 7181•Canoga Park.CA 91309.7184 Prod.'No.5907, Reorder.Can Ton•Free 1-800-8786827 �A::.::::.fl....:.. ..:.: ....>F.. R dt ,L..:.:URPt�SiE.A.....: .:.1 1L G EN.::. ................. ::::.::::::.::.::.::::::.:::.....::...::::.:.::::::. :............................... State of California County of Los Angeles On 1 iy'*; before me, A. \ielendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER 0 Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ccc c cccc•c c c behalf of which the person(s) acted, executed the . �_� ,�� instrument.1. - WITNESS m hand nd official sea(. 1 ( A URE OF NOTARY), OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ 'PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE L m�rawe AMER.ICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Sbupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking, ceeds FIVE HILLION DOLLARS ($5,000,000.00) ex ^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the .same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 198a at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in wi-iting and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 W. A. Grauzas, S cr Lary by J. S. Kemper, III, Exec.Vice President (OVER) �.. BOND N0. 3SM 887 431 00 ' PREMIUM sio0.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15085 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company , as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Six Thousand Two Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fifty $ 6,250.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. t IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May tg 96 PLC. A California General Partnership as Principal By: See attached signature block By: Ameri n as Surety y / , BWi upper- ttorney In Fact By: l ,%092 t STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 /M BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ,-t.. AND [n,Ce.d, �, J e - PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS SIGNATURE 1e.,��-✓ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES E ROBERTA M. KERN G COdM155gN#97754, Y A Naaqq PubliC Cd!w" _ ORAIJGE COUNTY O *Com"ion E4,66 Nowrbor a.INN STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) c ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE-INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 9092 8092 MONUMENT BOND BOND NO. 3SM 887 431 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: i czlycat Title: By: Name: 77' Cr S Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Title: . � tr P TrPSil-P.,&+ By: 81"L Ala-ti-� Name: s Title: f sit. e&re+g-rU "APPR VET AS TO FOF1J1: Tea City 9ttcrney. iIL K 1 � ^.ty Attorney. B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r- - c�crc�c�c=c�rc?rc-rc cx=rccsc=r �=c�=rc-�crc cc�r.c ... crcr c:S c:Scrcr=� cr <-rirrc=c ti� State of r r County of On �>1 Q a, )q9� before me,rnA 21A1AiNA I?INT[ E ilkT"AU jQ r'.LC_ , Date f' Namendd rifle of Officer(e.g..'Jae Doe.NotarfFullk') personally appeared 0.r\0Lan C It O1X�. pO i r �( ?� Name(s)of Signer(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that tree/they executed the same in lister/their authorized capacity(ies),and that by t /their signature(s)on the instrument the person(s), MARIMAINAMWpNE or the entity upon behalf of which the person(s) acted, -w CornrnWon l�1 executed the instrument. Notcxy Orange County WITNESS m hand and official seal. MY Comm.FVtes Feb 19.=0 r y &ignawre of hh OPTIONAL hh rh? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S Zh: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type'of Document: rs Document Date: Number of Pages: >> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: U Individual Cl Individual O Corporate Officer 0 Corporate Officer Title(s): Title(s): 0 Partner—❑ Limited O General 0- Partner—O Limited O General Attorney-in-Fact _, Attorney-in-Fact C Trustee � Trustee h 0 Guardian or Conservator `- O Guardian or Conservator rh ❑ Other: Top of thumb here ❑ Other: Top of thumb here r: r; Signer Is Representing: Signer Is Representing: 0 IM Natioryl Notary AaaoCtiatlon•6238 Remmet Ave..P.O.Sow 7t84•Canoga Park.CA 01309.7164 Prod.No.$907 Reorder.Cart Ton-Free 1-600-878.8827 >�A.. .f=ORN�AI<,L-Pt�RPt�S>.=>:f�►ell�t.C71t�L�..::1�#::a1t�'......... .. ... .... .:::::::::::::::... .. ....::::::::.::::::::::::::....:.:................................ State of California County of Los Angeles On .' is is is h before me, A. INIelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shuaoer ; NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory.evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon =� : . v�ELEN;EZ behalf of which the person(s) acted, executed the m. #-,0772110 a instrument. WITNESS my janjnd official celml. ( ATYJR OF bTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE msvasm AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.001 --------------- EXCEPTION: � * NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or wore bonds in order to bring each such bond within the dollar limit of authority as sat forth herein. This appointment may be revoked at any tine by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This'Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S Uary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO.3sm 8s2 412 no PREMIUM With performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as'Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15085 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Seventy Five Tho ucand Five Hnndrer9 Fi ghry Fivc dollars($ 75,585.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by'City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner t f090 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: /] Americad M to its Insurance Company as Surety By: William upper-Attorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 /ffe, ,BEFORE ME, ' A NOTS RY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED / -� AND �.�.C ,�.ti[�,,� r PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES MY�HAD SIGNATUREG MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY a M. 4Cr12 d (NAME PRINTED) MY ROBERTA M.KERN STATE OF CALIFORNIA ) on'asoy n o SS ►M Cmmirion Emos COUNTY OF ORANGE ) °'t99 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 432 00 PLC, a California'general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: ! TpPff- C S Title: By: Name: 13, �- Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: _ kb Name: .)DA e. Title: s By: Y- Name: 7 0 ' Title: cT,tt�ttorne9• tto B`J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr - — �-,��.c:l..cK.,c�(ScK`.�sCJcf`.c4`.c:(`.c:C`.c>C>.c�(.cXJZK`.c!`.cfJc�(•`.cl'.[KJcX`.c:fJc'�C.cf`,G�.��'��iG`r.K•`.c:!..�1`..�M_�!>.r�`.r`!..i�(..cK`..o.'Y' State of CAUFQ2r,11A County of ( (2 A Q6E On �, (,c,�Q l a, )99(v before me,YYlA2/AlAin(Al2ir�Tr�F rycr � ILL , Date-'�- ( Name�and rrate of Officer(e.g..'Ja a Doe.Nola I u l ') personally appeared (1t3�'ICtA� m �0.-i-�Q c�nol I�.�QJt 4,n0�. Poi�TDn,_ Name(s)of Signer(s) 9personally known to me- to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that t h*e/they executed the same in Ir/their authorized capacity(ies), and that by A f /their signature(s)on the instrument the person(s), MARWANA RIMONE or the entity upon behalf of which the person(s) acted, Z� rrh5 Cornn*don i 1088159 executed the instrument. r: -d Notary Puble—Calfornla S Orange County WITNESS my hand and official seal. My Comm Upkes Feb 19.2000 y — 5gnature 7 hh OPTIONAL I; Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent ;S fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: =` Signer(s) Other Than Named Above: �> Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual El Individual ❑ Corporate Officer E, Corporate Officer Title(s): Title(s): ?� 0 Partner—❑ Limited ❑ General Partner—❑ Limited ❑ General r( J Attorney-in-Fact Attorney-in-Fact . ❑ Trustee Trustee ❑ Guardian or Conservator `- ❑ Guardian or Conservator `- ❑ Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmat Ave..P.O.Boa 7184•Canoga Park,CA 91309.71&4 Prod.No.5907 Reorder.Can Ton-Free 1$00-976-6W State of California County of Los Angeles On I-I�lq:i before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shup,per NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence. to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the (.,.: CCCfCC[rlrrl r, r,i!(c( instrument the person(s), or the entity upon �t;r.,:. :: f.r.CC00 0 behalf of which the person(s) acted, executed the q' R instrument. -0 WITNESS m hand and official seal. IGNATURf OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES . ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------------------- ---- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Z N AMERICAN MOTORISTS INSURANCE COMPANY Hone Office.; Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any tine by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which -is hereinafter set forth and is hereby certified to by the undersigned Sacreta�y as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY ese..s ` ✓ � lea h��f W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice President (OVER) BOND NO. 3SM 887 432 00 PREMIUM $1209.00 2 Ywars FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15085 is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Seventy SUM Of One Hundred Fifty One Thousand One Hundred dollars($ 151,170.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. � � 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC. A California General Parrner_4.P¢incipal By See attached signature block BY / Amer3t;ca r to fists Insurance Co as Surety By I William r S upper—Attorney In Fact By 2 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 432 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: oC 6c�cc c�c� Title: i 7z:; Aye t By: lC' —�,/�---� Name: C s o Gr'e 2 6 S Title: c By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Title: By: AD UAA-. PSIL� Name: eresct, b Title: )9Sg+• Sep rP_ r�L .104ED � T 0 EOr►� i P ttorr:Py STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 ss4 BEFORE ME, A NO ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED_ ��, e AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY ND l SIGNATURE 0 "l�1�, f ��✓ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES //-d' 4 _ ROBERTA M.KERN COMMISSCN#977541 �[ c Nolary P,ble Cdilomia Y OWwGE COUNTY C STATE OF CALIFORNIA ) 8 � �e•o�. �i0'V Nora�ar H,1D96 SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED.CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��•=.-. -. ^.-.- - - - - - - cc�crsc�c�=cc �=ccr �r..c. . ..�ccc. . . ... .. . . . . .. . . . .... State of CAU F0(Z N fA County of On (.lL!? I o-?r )99(, before meXAA6,Q1 Al'Nr9RjprT-r)t= q Dale Narne and Title of Officer(e.g..'Jae Doe.Nola u I -) 7 personally appeared ADS- Name(s)of Signer(s) jl 'S 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that i /they executed the same in Ir/their authorized capacity(ies), and that by hidtwVtheir signature(s) on the instrument the person(s), MARIJ41"RNTONE or the entity upon behalf of which the person(s) acted, r� rS Corrvrhton#1088169 executed the instrument. Z; vi Notary Pubic—CCINOMo Orange MY comrn reb 9. W ESS my hand and al-,, Signature olary ubi hh OPTIONAL 2: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. l� Description of Attached Document hh 1 r: Title or Type of Document: r� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Zq ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): J Partner—❑ Limited ❑ General ❑ Partner—❑ Limited G General ?� Ll Attorney-in-Fact ❑ Attorney-in-Fact ?� G Trustee a Trustee ' ( ❑ Guardian or Conservator . `- ❑ Guardian or Conservator Chh ❑ Other: Top of thumb here ❑ Other: Top of thumb here r' r% Signer Is Representing: Signer Is Representing: 0 1"S National Notary Association•8236 Remrnet Ave..P.O.Box 7184•Canoga Park.CA 9*09.71$4 Prod.No.5907 Reorder.Call Tot-Free 1.800-876-W7 :...0::.::..:;..... iu RIB.tA:ALP ±iFt]SE< >vttE). 1<?....1 ...............:.......................:......................................:.:.::.::..:::............................................. State of California County of Los Anqeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper ; NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon vbC•Cibc O[CCC•CGGLCCC LcO vCCOCOCOOCP 00 nO A. Mi LENtZ a behalf of which the person(s) acted, executed the C r,�%1. #110 77_3 i instrument. 2 - Z - = - WITNESSN.and nd official seal. ru(.LL . . . -- ..."......:.::.:sc. (S GNA URE F NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND N0.3SM 887 433 00 ,4 PREMIUM 100.00 2 Years • MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15081 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Ten Thousand Seven Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fif ty $ 10,750.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May 19 96 PLC, A California General Partnership ,as Principal By: See attached signature block By: American otbri s Insurance Company _,as Surety By: / Wi am hupper-Attorney In Fact By: 18092 STATE OF CALIFORNIA ) j SS COUNTY OF ORANGE ) ON 1, BEFORE ME, A NOT RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND � Ad G_ J "r PERSONALLY NOWN TO ME( TO ME ON THE BASIS E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Q COUNTY /If- KC�/✓ (NAME PRINTED) MY COMMISSION EXPIRES RCBE13TA M. N S \ cOwlssCN 9977541 r Td r j O�GE ubrcCO Y'" v 1.1�Conm won E,9m .. STATE OF CALIFORNIA ) SS COUNTY OF ORANGE j ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED : AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES xu92 ,8092 I MONUMENT BOND BOND NO. 3SM 887 433 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: ��� Q Q-•,� Name: QCa Title: By: Name: C15 Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member �y: Name:1 M Title: i Sc By: Q. Name: 71nereset �1-v.4vh Title: F�sSrf. SeGr e.-fz�y7f J FO4'Attor ne9. A� . C .t G�It;�� r . cityyttollley B Z .�v... �:: ::.: ALIfltl ALL=FU P.GStE C C3WLEOG E < Kit .. N ::>:>:: '><<<:':>'::::' `:<-> < .: :<:: '>`<>: ;> ::::: ::>.... '; . .... >:: ::' ... .............................................. . State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupler NAME OF SIGNER NPersonally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the . _= instrument the person(s), or the entity upon A. NDEZ r 07,9. a behalf of which the person(s) acted, executed the s instrument. °f""�``° °`°`°"°` WITNESS y ha n and official I. G U F NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ 'PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -. _ .- -- - - - - - - -- -' - - - -.�.c=-!`.,ccJc_�'.cs�,c(`,cY`�S'•FrcrcK'.c'rcc.cY>.cS`,crc(`.cr..cr•,c(`.Cc.,a�(`.c:G.c�c.�.,c�r.,c�..�=,.<Y� State of V1' UF0(Zry1A �f County of i �N,91 On_: !.tJ'1(? )99(0 beforeme,YY)A2iAlAiNA(�lr�Ti E _� IAc. , Dale Nam ea and Title of Officer(e.g.,'Ja a Doe.Nota u I -) personally appeared :T M S0.-t t 0.not P0)rtTDfL Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that ivci34e/they executed the same in tamer/their authorized capacity(ies),and that by ITT/their signature(s)on the instrument the person(s), MARLA.AINAR)MONE or the entity upon behalf of which the person(s) acted, O^ lt�8t59 executed the instrument. -w Notary Publc—Cc forNq ?� - MYCorrm�ees�FDb 9,2W0 WITNESS my hand and official seal. Signature of Notary Pub � `7 hh OPTIONAL rhg Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent r: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rS r Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ?� Tftle(s): Title(s): , ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact Attorney-in-Fact t� r U Trustee 7_7 Trustee ❑ Guardian or Conservator '• I O Guardian or Conservator - h ❑ Other: Top of thumb here ❑ Other: Top of thumb here r: Signer Is Representing: Signer Is Representing: t O 1995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 Prod.No.5901 Reorder.Can Ton-Free 1.W"78$827 rarora m M AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its-true and lawful agent(s) and attornay(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exreeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or Pore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any tine by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , _1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND N0. 3SM 887 434 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15081 is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Seventy One Thousand Six Hundred Twenty Five dollars($ 171,625.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City'in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or. addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 Pogo i, CITE( OF HU(t TINGTON BEACH LkV 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19, 1996 PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, July 1, 1996, approved the Subdivision Agreements for Final Tract Nos. 15034-37 and 15081-86. We are enclosing herewith duly executed copies for your files. Sincerely, Connie Brockway, CIVIC City Clerk CB/cc Enclosure g:\f o I I owu p\sd ivag rmt (Telephone: 7,1 ) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 17, 1996 First American Title Insurance & Trust Attn: Mr. Roger C. Reimer 114 E. 5th Street Santa Ana, CA 92702 _ Attention: Mr. Roger Reimer Regarding: Tract Map Nos. 15034-37 and 15081-86 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. O. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:cc Enclosure Received by: Dated: 7/l7/�� g:\followupVractmap (Telephone:714-536.5227) t J J AUTHORIZATION OF MAP RELEASE TO TITLE CO. I I TO: Christine Cleary Deputy City Clerk I FROM: Bruce Crosby Civil Engineer Assistant DATE: July 15, 1996 TRACT NO.: 15034, 15035, 15036, 15037, 15081,.15082, 15083, 15084, 15085 and 15086 TITLE CO.: First American Title Insurance Co., 114 E. 5th St., Santa Ana, Ca. 92702 PHONE NO.: (714) 558-3211 TITLE OFFICER: Roger C. Reimer I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. Bruce P. Crosby 8079.06 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: ✓I'Z FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. K034 PARCEL MAP NO. PARK AND RECREATION FEES.PAI YES $ ❑ NATO. 04e<l� Aif-- OA 3 A C . OTHER: J I for: Howard Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: D• 2-9(0 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. Imo'03� PARCEL MAP NO. PARK AND RECREATION FEES PAID: 10 YES $ ❑ NO OTHER: -- r: oward Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: ::I ? •°I(p FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 160 3(� PARCEL MAP NO. PARK AND RECREATION FEES PAID: XfYES ❑ NO (�s Ar L OTHER: 0 oward Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: ✓I'01 -dI FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES ❑ NO OTHER: for: Howard Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: -'Z-9 l0 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. I s'O�sI PARCEL MAP NO. PARK AND RECREATION FEES PAID: � YES ❑ NO OTHER: H ward Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 'I� o'2'q p FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. I�50g 2 PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ ❑ NO OTHER: for: (--)Howard Ze efsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: �-1 Z•°I(o FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 53 PARCEL " NO. PARK AND RECREATION FEES PAID:YES $ ❑ NO OTHER: Howard Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: LD FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 61K4 PARCEL MAP NO. PARK AND RECREATION FEES PAID: )� YES ❑ NO OTHER: Howard Zelefsky, Planning Director NOTICE OF COMPLIANCE WITH.CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: •Z °l(� FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. Igs� PARCEL MAP NO. PARK AND RECREATION FEES PAID:v YES $ ❑ NO OTHER: 43 go-ward Zelefsky Planning Director NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: —7 • Z • (p FROM: . COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. I S 8$(Q PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES ❑ NO OTHER: aq or: oward Zelefsky Planning Director . -. 1 5o3y SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Paqe 1 General Street Construction.....................................................;............................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees.......................................................................................................5 3ndvartract/5/1 3/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15034 THIS AGREEMENT is entered into this 1 Ath day of July , 1996,,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15034; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Eight Hundred Thirty-Nine Thousand Five Hundred Seventy Dollars ($839,570) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement 2 3/k/vartract/5/15/96 and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during`the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which`;arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE A Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 Wctvartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER'shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) City Clerk Name: Zi`fA-b, APPROVED AS TO FORM: Title: fk6c By: city Attorney Name:/ 4 1 . A�-��� t-s�lbl 6�f,y 6 c�s-�+ Title: cl#6c GQ< INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a. a Delaware limited liability company- City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corpor io (managing mem er f T/L Huntington Beach L.L.C.) By: � Name: Title: V QMS Name: TVLe Title:-REVE W .-A VED City Admi istrator 3/WartracU5/15/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15035 THIS AGREEMENT is entered into this 19t h day of Jill y , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of .California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15035; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 i 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Ninety-Two Thousand Six Hundred Dollars ($192,600) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of all of 2 3/k/vartract/5/15/96 the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which" rise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance.coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartracf/5/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general .4D4rx,, -- partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: - (general partner of PLC Holdings) !E� (� City Clerk By: ,clay— Name:Xi-(AD APPROVED AS TO FORM: Title: rR 6s,fl .►�i City Attorney Name:,P, v g. OvNu'�i/-1E � I1w9�4-la ✓/ `� Title: INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) Ape-- by: Lennar Huntington Beach, Inca California corporation (managing memb of T/L Huntington Beach L.L.C.) By: Name: o N�� , Title: /� �� k} Y Name: Theresa, yc-v(� Title: See_ve-+A-r� REVWEED AN.Q1 APPR D: City Administrator 3&Nartrar cU5/15M � So3 � SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/kNartracV5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15036 THIS AGREEMENT is entered into this 19t:h day of July , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15036; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include; but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall,deposit with the City Treasurer the sum of One Hundred Sixty-Five Thousand Seven Hundred Dollars ($165,700) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of 2 3/k/vartract/5/15/96 r all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which Parise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 ,91 seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollar's($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until-the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required.. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 IN WITNESS WHEREOF,.the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California generalIr partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation A ST: (general partner of PLC Holdings) * City Clerk By: Name:°7%%(At- APPROVED AS TO FORM` Title: p R,g s,n 6- By: 9� City Attomey S Name: 8. dYj��� S��b��a°�i. q-1A Title: / .�-�'��L /�EG� INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) A/C- by: Lennar Huntington Beach, Inc.a California corporation (managing memb r of T/L Huntington Beach L.L.C.) By: Name: , Title: V Q�S, By: Name: pwQsct �Din�nv� Title: WED AND APPROVED: City Administrator &k1 artra&J&15W 1 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement............................................................................... 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartracVS/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15037 THIS AGREEMENT is entered into this 19 t h day of Ju 1 y , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15037; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Govemmenf Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred Fourteen Thousand Two Hundred Fifty Dollars ($214,250) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of 2 3/k/vartracU5/15/96 all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/va rt ra ct/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance-policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the , name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST (general partner of PLC Holdings) n � City Clerk By: �k �.�•�1 Name: �z t YAt:,. 4a fl v-�J 41'�- APPROVED AS TO FORM: Title: pees z cnu i Td Name: N<-rEw- �IbI1b Attorney Title: nWg!�c INITIATE A fND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corporation (managing memb r of T/L Huntington Beach L.L.C.) By: Name: ti - Title:Y A Vo� ,k,SB : 2�A- P'0qA---WC Name: Title: �sst. Se�vav EWED AN PP ED* City Administrator 3/k/vartract/5/15/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/ktvartract/5/13196 7 o ,3 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15081 THIS AGREEMENT is entered into this 1 gth day of ,-Ally , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15081; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: k� 1 3/k/vartract/5/15196 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred Forty-Three Thousand Two Hundred Fifty Dollars ($343,250) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of 2 3/k/vartract/5/15/96 i all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those whicharise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/kNartracV5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify'CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/kNartracV5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) _- ' City Clerk By: - Name:7tAb. PrQ e-.1 �-S�A LJ Ah APPROVED S TO FORM: Title: pAoc,oaO`Mr— � By. 14,��� ity Att rney Name: f�^ Title: e--41V 0 A cti 14-r- INITIATED AN �PPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) A/C- by: Lennar Huntington Beach, lnc.a California corporation (managing membe of T/L Huntington Beach L.L.C.) By: Name: ate. Title: vim Puss By: 6 X" 0 � ,— Name:- ' 1Vec,,f Title: PPROVED: City Administrator WvartracMl5/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction...................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers'Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15082 THIS AGREEMENT is entered into this 19th day of July , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15082; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost.and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Seventy-Seven Thousand Seven Hundred Ninety Dollars ($177,790) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement 2 3/k/vartract/5/15/96 and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during-,the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California.LaborCode § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 i employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 4 . IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATT ST: (general partner of PLC Holdings) City Clerk �!!! By: Zit.-Jo-_ ,9 . Name: 'ZIYAp APPROVE AS TO FORM: Title: fR -v D cN c— By: y City yomey Name: y b-butiZ-d-1� `�y ti Title: cFf,CF INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corporation (managing membe f T/L Huntington Beach L.L.C.) By: Name: a, a Title: BY: y A— Name: t Title: IEWED AND APPROVED: City Administrator 3&NartracMI5M SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold.Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance..............................................................................................:................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 . 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 t SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15083 THIS AGREEMENT is entered into this 19th day of ,7uiy , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER.". RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and.is about to file with CITY a map of the tract of land known as Tract No. 15083; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth; the parties agree as follows: 1 3/k/vartracV5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements,including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Twelve Thousand Two Hundred Eighty Dollars ($112,280) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of 2 3/k/vartract/5/15/96 all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which:arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees.incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars-($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/kNartracV5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a.copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 31Wvartract/5/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general_partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a California general ��{-- partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) (� City Clerk By: Name: 71'/At AD��✓ta-k JA-N APPROVED AS TO FORM: Title: .(V&s r b pMT- By: ��� Cittomey �6 J$ r Name: i3: I�icJL4!/L� Sll61e� '4 -4 I_ Title:c,Wz�� AI- L-:4WC-C12- INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corporation (managing memb f T/L Huntington Beach L.L.C.) By: Name: Vag Title:" �: Name: ex sa �� y 4v\ Title: + Sf'Prga.v'Y RqYMNNED AND APPROVED: City Administrator WvartracMl5M6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15084 THIS AGREEMENT is entered into this 19t11 day of ,7uly , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15084; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as.may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Eighty-Two Thousand Eight Hundred Ninety Dollars ($82,890) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of all of 2 3/k/vartract/5/15/96 the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which:'arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollarsi($1,000,000). In the event of aggregate coverage,,SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract15/15/96 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) 7 �r by: PLC Holdings, a California general partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) L55;� � �E� City Clerk By:,;�L4L Name:Z i r g t,q Uh u t-'r A�3 A 9 APPROVED AS TO FORM: Title: By: ,� - �96Cit ttomey Name: �3. D�/NL/� �� _jA6 Title:ctfLEfi INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) ��Pi by: Lennar Huntington Beach, Inc.a California corporation (managing mem er of T/L Huntington Beach L.L.C.) By: Name: Title: BY: U Q ♦ Name: `ry\PNe-Sa �0 v\`Vv y\ Title: FIE PROVED: ity Administrator 3/k/vartract&15196 r SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance.................................:.............................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15085 THIS AGREEMENT is entered into this 19th day of July , 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15085; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Fifty-One Thousand One Hundred Seventy Dollars ($151,170) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement 2 3/k/vartract/5/15/96 and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, duringithe term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which-'arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/vartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to.CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit,.such limit shall be no less than One-Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 r IN WITNESS WHEREOF, the parties hereto have executed this;agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California -CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L:L.C., a Delaware limited liability California company) by: PLC Holdings, a California general � r partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) �' City Clerk By. `z, 2'.L. 4AL�'�a — Name:�Z 4r�� APPROVED AS TO FORM: Title: By: �J- 16 WeNji ttomey Name: /�, fJUjtJLEdf� SI Title: �l Fj,c y-� G Ty4C< INITIATE AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company �- City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corporation (managing memb of T/L Huntington Beach L.L.C.) By: Name: L& . Title: : BYI P�l!✓a G� �I�—L Name: Title: s-f �eCV�- A REV APPROVED: City Administrator 8/waftcM15W ..• . . `�, � � soggy SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance.and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/vartract/5/13/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP FOR TRACT NO.15086 THIS AGREEMENT is entered into this 19th day of July , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC, a general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15086; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/k/vartract/5/15/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. . 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Four Thousand Three Hundred Eighty Dollars ($104,380) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this.Agreement and of 2 3/k/vartract/5/15/96 all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and-SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/kPoartract/5/15/96 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than.One Million Dollars ($1,0.00,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/vartract/5/15/96 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. Rest of page not used 5 3/k/vartract/5/15/96 •. IN WITNESS WHEREOF, the parties hereto have executed this agreement the-t day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A general partnership; and T/L Huntington municipal corporation of the State of Beach L.L.C., a Delaware limited liability California company) by: PLC Holdings, a Califomia general .4 40.e� 'partnership (general partner of PLC) Mayor by: Paclaco, Inc., a California corporation ATTEST: (general partner of PLC Holdings) L�d�rsuG City Clerk By: Name:'Z %y+t ApbvWq-tA►t APPROVED AS TO FORM: Title: � By: J- 9b Ci ttor►�ey Title:G�i� Fib / � INITIATED AND APPROVED: by: T/L Huntington Beach, L.L.C. a Delaware limited liability company City Engineer (general partner of PLC) by: Lennar Huntington Beach, Inc.a California corporation (managing me Der of T/L Huntington Beach L.L.C.) By: Name: Am- Title a By: r � Name: Title: c�} E AND APPROVED: City Administrator 3/War"&J5/15M ?UN-03-1996 13:23 FROM RHH COSTA MESA TO ! ti+■�nt^ ,MOW ' from 16"IM'%AJO, Is VEP ONLY AND CONFEIIS NO FM(I8 LPON M CERTIFICATE Ro i I i ns Hud i g Hall HOLDOL R88 CE kWICJTE DOES NOT A1IDID, 9XV1 10 OR of Southern California Inc. ALTO THE COVDAACE AFFOADIoD BY THE POUMB BQOW- III Town Center Drive, St• 500 GOWAXIES AMOWNG COVERAG9 Costa Mess, CA 92626 COMPA1° 714-64 — 55 7 6 A SMAIMIM uw&L T n o„t VLec, 150 3 4 — 3 7 °N oVwAw PLC. A Cal i f. Gen. Partnership 13o8 I — $(o B (Sao Attached) </a0, _ bD CCMPAW 2= Corporate Pleas Suite 260OQLC C Newport :Bosch. CA 92660,1 ,• ��yos.:wt- ,'�' COMPArll'r Cp �,I D =--,R JIAG�3. 4 ' Y.4 Y'r y:Y�' k H. Rr .+w t T- L v. !� :N, ., 1 7< .A p .N x.a t�tb � t�:T7a S.Js�i � ki �ti•1�.,�>: ib`, •Y'. .� itcOnr..+�cr.•aS:� ArJdhetiior��.tiTi�.�`•��?S.o:Nra .� THS IS T O CERT IFY T MAT THE POLICES OFNSURANCE LISTED BELO WNAvE BEENtSSLEO TO TMENSUM0 N"O A90 VEFOR T EEPOLICY PERIOD W=ATED.NOT WITHST`ANONGANYREOUMEWNT.TERI,AORCONDITIONOFAWYCONTRACT ORO TMERDOCtl4NT W ITHRESPECT TO WEag+THS CERT FICA T E WA Y BE ISSUED ORMAY PERT AN.THE INSURANCE AFFORDED By THE POLICES DESCRIED EEREN S SL"CT TO ALL TtE TERMS. EYCLUSIONS AND CONDITIONS OF SUCH POLICES.LMTS S►+OWNMAr HAVE BEEN REOLICE0 BY PAD CLAPAS, 00 twe s waca.res r 11"T 11trt�l P"T cpmTww t+oASY r�maT t watts Ln wi hwas m eats lmWea r" ooaeal.I.uearlY MMSAL A001ECAtE A 1001999 5/08/95 6/08/97 PR[ac••1saoMP1�aao I1,000-000 CLAIMS %,=®� P8M0wL L son INIAW s 1,000,Cgo 0wW9rs L CotnRACtM Mt EACH crxLOW-19Z 1 1,050,000 FFX Dn1110E("as**) i 1@ OP(Alp aft owed I attrerrs•tl.t LlaeirrT ` CDlSItfp 9M4E Lrlai I ANY AWO &L 0W%M AUTOS B=Y IKAPY R SDEDIA D ALMOS (Pa•Damn) rWIED AUM B=14Y IKAJY IOKOIr+ED KnOS ft badmIs 11 I PRWIN GUNI E t oa•raE uasAlrt WM ONLY -EA&G=111 EAOi AtL>Z M t ADnAFO►tE i nOMLIAsun EA04 OCCLOCICZ I UMOV A FOAM AQM()ATE t Ot10 Twa VWX La FOW f �roalctteR actemaiLTM Me stARltt3r LIIatS aIiPOYasl.uaL.1" EJ01 ACCZ£MI I K tORt tIQ DISEASE•POLICY LIW t PART W3WE)MCJIrwEROFFCM aRF: EXLi DISEASE•EAG+EMPIorEE I moms) 150RIPTI111 OF All Operations of the Named Insured City of Huntington Bosch, its s9onts . officers and empleyeos are named as Additi nal Injured perattach• ;: ,I:i'yLt',�.+ix9.'`'I% ;.f ..y. .o•• �>r '•- .,+��SS .�,a• .,.,8. .•E>c'`«�: soma am mr Tm Asoff vmwma POLMO a[e&VOK W aEraral 7w CWMTaM eaTs=� ra mum ooww,wat�IWL City of Huntington Beach 30 e.R ateslell AvrEs>ti Tlaj aRrfr>o+Ts tBaLlf�tIY11a1mT0 tlaL tar. 2000 Main St. Huntington Bosch. CA 92.648 416497000 011 ✓i' :; _ _ r r _ TO 7291214 Jl4N-03-1996 13:24 FROM RHH. COSTA MESA .__t Named Insureds PLC, a California General Partnership PLC Holdings,"a California General Partnership T/L Huntington Beach LLC, a Delaware Limited Liability Company PLC Land Company, a California Corporation (Management Co.) This in_formmion is intended for quick reference only. Please read}mu polity for specific details. conditions. rrclusions and warranties not included herein. plc)697.dn..p&.c I-OwnWand Rauj.-S Hume HA LL JUN-03-1996 13:24 FROM RHH. COSTA MESA TO 7291214 P•e4 L —POUCY NUMBER: 1001998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART.. SCHEDULE Name of Person or,Organization: City of Huntington Beach, its agents, officers and employees 2000 Main St Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG2010 JUN-03-1996 13.25 FROM RHH COSTA MESA TO 7291214 r.n� POLICY NUMBER: 1001998 COMMERCIAL GENERAL LLASIUTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days 30 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 2. of CANCELLATION (Common Policy Conditions) is replace by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium: or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason CG 02 12 11 85 I have received the Faithful Performance Bond, the Labor and Material Payment Bond, and the Monument Bond for Final Tract Map Nos. 15034-37 and 15081-86, portions of Tentative Tract Map No. 14700, with Agreements Dated: Z g- L�2� By: PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 BOND N0. 3SM 887 426 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC. A California Gienarnl Parrnnrwaip (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19.and identified as project 15036 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title.15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Eighty Two Thousand Eight Hundred Fif ty dollars($ 82,8s0.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: //��, American otodists Insurance Company as Surety By: By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 FFt BEFORE ME, A NOTE RY PUBLIC.IN AND FOR SAID STATE ERSONALL ,APPEARED AND PERSONALLY KNOWN TO ME(0 r E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNEtS MY H � SIGNATURE 1 C�<^,la �� /� ti,J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN PA-s-, F - COUNTY (NAME PRINTED) MY COMMI ROBERTA M.KERN coMMissioN 1977541 STATE OF CALIFORNIA ) ,,T'" 1 N016 p�c CsfiiaNs yl.} oNc,E coUNry g SS `^�"'�' � My Cour sw Eipios •:'��',.:.. NaartM,6,1696 COUNTY OF ORANGE ) =1 ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES am 2 9090 1 , LABOR AND MATERIAL BOND BOND NO. 3SM 887 426 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Title: By: Name: R A)'a6ii/F Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: fj Name: &— �e Title: By: Name: /�pj/LTOrj Title: C . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �C' ?C..C=:f'.G=`C`.G`C'.C-`CC.G=Y'CK`.cK`.C'�`-.C`C.�`C,.C`C`..c:C`-.C�,.'-`.C:C-`.CS��'.C:C>="�'vC`C` %GS'S"e'C'S:G^ .CSC'.C:C'.C�C..G-`C.CK`.CK>.(�C-`.C`C•`.(�C :C`.c-:C`.C-�C`.C=K` ,C ^.(�C`,c:C-`.C; 0 I� State of lit-l(�F02N�A County of A N� On , 1(.lj'l off, ) 99(o before me,WA21AIA1n119 2faTc�E &XTRAsU p,0 I ( , Date Name and Title of Officer(e.g..'Jalke Doe.Nota u Ilc-) personally appearedj(lt) 'lu0 IYl Name(s)of Signer(s) personally known to me- to be the person(s) ' whose name(s)is/are subscribed to the within instrument X and acknowledged to me that+misli*e/they executed the same in Ir/their authorized capacity(ies),and that by ter/their signature(s)on the instrument the person(s), :S or the entity upon behalf of which the person(s) acted, Colon!1 executed the instrument. -� Notary RA fr_C*0mk3 19, WITNESS my hand and official seal. . Signatur ,ublic 7 �hh OPTIONAL r; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ti Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ?� ❑ Partner—❑ Limited O General ❑ Partner—❑ Limited C. General Attorney-in-Fact ❑ Attorney-in-Fact �. C Trustee ❑ Trustee h ❑ Guardian or Conservator ❑ Guardian or Conservator `- r:. 0 Other: Top of thumb here ❑ Other: Top of thumb here rhh: r; Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Renwnet Ave..P.O.Box 7184•Canoga Perk.CA 91309.7184 Prod.No.5907 Reorder.Can Toll-Free 1.800-878.8827 :.:.:.:.:.::::. 1 FflR it ....►...#_-P:.: t..:;i]5 ►:.:Kit...1....... .::.:.. ..:::::::.:. ........ .:::::::::.::::::::..:..:::.::.:::::::::.:...:.:::......................................... State of California County of Los Angeles On ` `' ) `J,a before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the OOOOC JbC.<'�Gf.00U„CCOC•GG„9U::000U........ instrument the person(s), or the entity upon �. ,�1t�ENCEZ behalf of which the person(s) acted, executed the R = �_•,�'g�_� instrument. 2 r-_ CI a v� - 2 WITNESS my hand and official seal. 1� (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. - CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I ES) ----------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ffwAa= �>n AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakngg exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein._ This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 231 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process.. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: —VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W_ A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 426 00 PREMIUM $1326.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project !5036 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of One Hundred Sixty Five Thousand Seven Hundred d0llars($_ 165,700.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. i The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on M,;' 21�r,, .19 qr, PLC, A California General PartnersaA4Princlpal By see attached signature block By n Amer' an JlLjiists Insurance Co. as Surety By 1 William hupper-Attorney In Fact BY 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7. ? - BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED IU•z�u'C,—n L�-.:1 AND PERSONALLANOWN TO ME( RYrV DME) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATUR� - �- MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN a Oo wussm 0977541 . • 11" Puble Call mia = ORANGE COUNTY 0 Ny Cammfrbn Exom STATE OF CALIFORNIA ) e. ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 426 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Name: Title: i e By: Name: �' o crC' i S Title: Secfe +zrS/ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By. _ ; & Name: a. ft Title: C By: j Name: -ew-e ex O '2 e/7 Title: S G C ct j ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT err-,ter.•,crc=�,crc:r-,�rcr•.cr.;cr•.crc:c.,cc.;cs�s`��_�>�.c��.c-�.�.��r�.�.crcr.�>.�.eS>-c�>,�rcr,�r.�.crc�>�.crc-�'.�-c�_��.c��'y, I�y State of Ct'1UFQQN31A County of I�A n6 On n_�.11'�4 , off, qu beforeme,WA2lA1AINp►2j nA)E.A)9-jA2UQ h(, )UlcC , Date Name and Title of Officer(e.g.."Jae Doe.Nota u I ') r 7 personally appeared -7,(1(14, )C,) QZ)QO= 20-1 nN_ Name(s)of Signer(s) r personally known to me- to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that tie/they executed the t same in hisilaer/their authorized capacity(ies), and that by S I /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, r MARIALAINARINTONE executed the instrument. 59 Notary y Rae— t fccefommlo �£ 01CMISCM1117 WITNESS my hand and official seal. Nb comet,Ex*es 19.2000 Signature o o a lS ;� h OPTIONAL s Zhh; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent �S rh: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: c >; �h Document Date: Number of Pages: ;> Signer(s) Other Than Named Above: T> Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual Ej Individual Corporate Officer iI Corporate Officer Title(s): Title(s): Partner—❑ Limited El General Partner—❑ Limited ❑ General Attorney-in-Fact __: Attorney-in-Fact Trustee Trustee D Guardian or Conservator O Guardian or Conservator :D Other: Top of thumb here L; Other: Top of thumb here Signer Is Representing: Signer Is Representing: ci> t>czz>etrcz�ciaet>czez>rc>ct>ct�cz�ezacxrci >ci>ci>ci>c ci ci ct>e �ez e�cir�> r�>r� >rr� >r>et> a� 0 1995 Nationaf Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Call Ton-Free 1.800-878.8827 iit ��►� ....1ltl!> ...i'i?it��..............................................................................:.:.:.........................................::::. State of California County of Los Angeles On. M, A Yi + b before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shugper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted e ; -- , R P O executed the R - s s instrument. 2 'r WITNESS my and and official se (S N RE O ARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) -------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE I BOND N0. 3SM 887 425 00 PREMIUM $100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15036 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Ten Thousand Two Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fifty $ 10,250.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May ,19 96 PLC. A California 9Pnoral Parrnnrahlp as Principal By: See attached signature block By: A as Surety By: - Willit Shupper-Attorney In Fact By: e092 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) N �" �, f6 BEFORE ME O A NOTA Y PUBLIC IN AND FOR SAID STATE,,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR P ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M MAN SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY C c� t- -(-w r l. lea!) (NAME PRINTED) MY COMMISSION EXPIRES 11-OP 4 ROBERTA K KERN COMMI8SroN#977S41 x Nolary Public California ORANGE COUNTY 0 x My Coam asioa Expi. STATE OF CALIFORNIA ) Na,afea,B'IM SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092 P092 MONUMENT BOND BOND NO. 3SM 887 425 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: i oL aGvd 6-e Title: /CSi By: Name: 7gs epl>4!cr-C6G h S Title: eCleZ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: I . a�f Title: e By: Name: GG o i Title: rj S Gt D a -r_..L, 4.orneY DrneY Pt�S ::N State of California County of Los Angeles On MAY " 4before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupyer NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon crr.crc'GC ««««cc-c,COOOCOOOOOOO behalf of which the person(s) acted, executed the A. h�'c'P'iDEZ instrument. C01�1:4. ./ I0 R z - - - WITNESS my nd Rofficial se ococoon^c:c.•. r,;:nc:;e.nc:c:r,ccr.000�caoo:,nc (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I ES) ------------------------ ----- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c7y_2 State of CA F 2 ' County of On Ot..A la, )99(o before me,YY)A2iA1AiNA(i!1 hA)F - )OMNe=IAO Him, Date Name and Title of Officer(e.g-,'Jae Doe,Notaq rut --� 1 personally appeared o11 jOM; Q_A� Yl�. S0.4t 0.nck__1 ,MA1,Q0,__, Po-(rr�DC­_ ?� Names)of Signer(s) 9personally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that tam/they executed the same in fir/their authorized capacity(ies), and that by l /their signature(s)on the instrument the person(s), MARALA1NAs NT= or the entity upon behalf of which the person(s) acted, Gommbdo11f10681b9 executed the instrument. Notcr,►aao—caft, NESS my hand and official seal. ..4DIVY Goff?80m Feb 19,2000 Signa ure otary.Pub / l 7 hh OPTIONAL rh; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh: fraudulent removal and reattachment of this form to another document. r: l� Description of Attached Document Title or Type of Document: z� Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) z Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ?� ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑] Trustee (S ❑ Guardian or Conservator . `- ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 Nat oral Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Can Toll-Free 1-800-978.8827 i narmna AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER, OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakaE,aceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf'of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY j Yl� �li1�0. I W. A_ Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND N0. 3SM 887 427 00 PREMIUM $110.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15035 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Thirteen Thousand Map,in accordance with said map and said certificate up to but not in excess of the sum of Seven Hundred Fif ty $ 13,750.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 9JAth day of May .19 96 PLC, A California General Partnership..as Principal By. See attached signature block By: Americ of is Insurance Company as Surety By: / JAI WJ-14Adm Shupper-Attorney in Fact By: 1, 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , ), t q t c BEFORE ME,61 A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED _ AND aL.-. GY:a4sJ PERSONALLY NOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M ND SIGNATURt a lz., A MY PRINCIPAL PLACE OF BUSINESS IS NOTARY /PUBLIC IN AND FOR SAID STATE IN rA COUNTY (cts81274 /11. /(mA/ (NAME PRINTED) MY COMMISSION EXPIRES s'c ROBERTA M.KERN COMN1SS)ON#977541 Nmry ORANGE�COUNTYmy p My Commiei.apire, -' STATE OF CALIFORNIA ) Nw°m°a 8.lax ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES MONUMENT BOND BOND NO. 3SM 887 427 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner (� By: Name: Title: By: Name: a 77-5 60,0 e,- 2; :6 S Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: a-(/e Title: ! By: Name: eKS GZ oiK. Title: -s f e% y Ey' 4' ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On �1(AAQ la, ) 99(o before me,I(yiA�iAIAiN�t2ln�c�n�rvrrarzu n b�� u:(, , Date Name and Tale of Officer(e.g..-Jahe Doe.Notar(Pubic-) � personally appeared l(1()� o M a-Kc O_Ack� I`VRA D ty— N i n+n,-,— Z3 Name(s)of Signers) ' personally known to me- to be the person(s) A whose name(s)*/are subscribed to the within instrument and acknowledged to me that+fie/they executed the Al same in hisRhcr/their authorized capacity(ies),and that by ter/their signature(s)on the instrument the person(s), A MARALAINARIMONE or the entity upon behalf of which the person(s) acted, . Z� Comff"M#1088159 executed the instrument. Notary GO—Ccefomta 'h OMMOCounly WITNESS my hand a official se r: AAy Comm Expires Feb 19.2MO ?� r: 1 ignatu N ubLi 7 hh OPTIONAL r; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. P. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 'Signer(s) Other Than Named.Above: Capacity(ies) Claimed by Signer(s) � Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): ❑ Partner—O Limited ❑ General ❑ Partner—❑ Limited ❑ General ?� ❑ Attorney-in-Fact ❑ Attorney-in-Fact z� . ❑ Trustee u Trustee e (S ❑ Guardian or Conservator ❑ Guardian or Conservator . ' th ❑ Other: Top of thumb here ❑ Other: Top of thumb here rh: A Signer Is Representing: Signer Is Representing: N� z z i^ct z'- �KC1et c_z'"ZaiZ^c_UKCCC_I,X_, ^c_i' ^cc;cz cc,^ �cisci:^cc i ci>ct>ciro' O/995 National Notary Assodatlon-UM Rermnat Ave.,P.O.Box 7184-Canoga Park.CA 91309-7184 ` Prod.No.5907 Reorder:Cap ToC-Free 1.800-878$827 :..:... :...:... ..::.::::::::..::.::.;..;.::..::.:::::::::....... A I` 3R tt l✓=Pt3)hIP SE: K if3!1 ]1 �E�1 1 N.........................:......:..:::::.::.:::.:.::.:::::::::::::::::::::.::::..................:::.......:::::::::.:::.:.....:.. State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon e��vJC.�•:;G,);;Ui)000JUv� behalf of which the person(s) acted, executed the �j , _ nLLrENDEZ G instrument. -10779 WITNESS hand nd official a I. z IGNA R F NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR' ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE �ervra AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertakingesceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.- This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 198a at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have' the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, (bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W_ A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 428 00 PREMIUMWith Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC. A Calirnrnin GPnPrJ PnrrnPrah;P (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15035 ,is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Ninety Six Thousand Three Hundred dollars($ 96,300.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner t affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership aS Principal By: See attached signature block By: II American Moto ists Insurance Company as Surety By. -hibl hUppUL-AttUt'10y Fetet! By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ,li 5t BEFORE ME, A N ARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED rb j; J,J C� AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS Y HI SIGNATURE 6--k--k, I MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY C-12-'-Y-� Y-" . (V (NAME PRINTED) MY COM ISS ON )P �=S6 ROBERTA M.KERN STATE OF CALIFORNIA ) commissaN 1977541 x NoU P,Alit CeGlomia SS = o�wcE cauHrr v COUNTY OF ORANGE ) NNAY c�m�a=pirw w.mw,e.Iosc ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 9090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 428 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Gr/q-21 rzZ 0/`C1z 6 /CBS Title: By: Name: L 1/ Title: / By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: 7 Name: 720,07 M u. e Title: By: U S�-►� Name: CXScz Title: ttorneY. + L :r ::. ....:.:...... ......::...:::...::::.. i State of California County of Los Angeles On before me, A. Nielendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the _F.INDEZ G instrument. Cot.' '.li%'�l R - --- 2 WITNESS my hand Td official seal. L ' (siG—NA1tIRr= dFNbTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f State of �{-�UP02r.11A County of nR AII�?E- On �� f.lf'l4 I f�, j q9(o before me,fflAR.iA1AiN�11�" A)rTTAfLkf 01 h Ct, Date Name and Tale of Officer(e.g..-Jafw Doe,NotarfT7u 1 personally appeared ,�{1().�'lC M. S0.tr ��2 cund`� P0. rr�n(� t Names)of Signer(s) personally known to me- to be the person(s) ?�+ whose name(s)*/are subscribed to the within instrument ?� and acknowledged to me that+mis4e/they executed the V same in fir/their authorized capacity(ies), and that by `� ! T/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, _ MARIJA AINARINTCNE CommkWon#1=1b9 executed the instrument. f� r -s Notary Pubic—Co9fornla orarreeCounty WITNESS my hand and off' eal. My Comm.t Feb 19.2m0 - ?� ( Signature of Notary 7 hh OPTIONAL rh Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Fh fraudulent removal and reattachment of this form to another document. r. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): T(tle(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact t� ❑ Trustee ❑ Trustee ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: A A `� 'Wr ��^�" _ O 1 M National Notary Acsodation•8238 Remmef Ave..P.O.Bot<7184•Canoga Park CA 91300.7184 ` Prod.No.5907 Reorder Cad Tod-Free 1400478-8827 i �arw. AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California****' *** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings. pprovided the amount of no one bond or undertaking,e$ceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein- This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23" 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company.has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S c tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND N0. 3SM 887 428 00 PREMIUM $1541.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15035 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Tnsu anrP Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of One Hundred Ninety Two Thousand Six Hundred dollars($ 192,600.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. l The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC, A California General PartnerspaEpPrinclpal By See attached signature block By /T as Surety By i i pper�i ttorney In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON '►mac 7. sfG BEFORE ME, ate,,J A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEAREDc. A�/ Lam . z a-� AND PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS I D SIGNATURE J L - -IL MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN � COUNTY ���3zle /-7,. e,<zN (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN n t COMMISSION#977541 Ndery Pubic Celilomia ORANGE COUNTY t7 H'Conwnuon Expires STATE OF CALIFORNIA ) Norofta 8.loss ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 FAITHFUL PERFORMANCE BOND BOND NO, 3SM 887 42110 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: 7 Name: aC Title: /�fi giP/z By: Name: Title: .SeCAf- By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: oov x tzn L Title: i c G Si By: Name: /CSa o " CJ77 Title: �CrC fir' \ ?i'1 '.,i a.J Y :7 GS L. U` rJi4, City Attorney By, e.p ty City. ey, . `CALiFORN1A ALL-PURPOSE ACKNOWLEDGMENT '"C..c�t=r.GS'.crc"Y-`,c:O.cC',i-C.,c-!.,c�cSc=�c"c�!`.,c;tJc:t.,cf`.cS'.cl..e:l`,��`;c-.r-.c:M,cl`.C;�>�>•c-l'.ct'.c`C.c(`.cS.cl`.�f>y�-S:S���'•c:M:e:t.,c:l..cl`.cr..cC,crrc:l.c�..c�<Y� State of CAL F02 N ltq , County of A On (.l1'l4 1 o-?, g9(0 before me,WA21AIAiNtgR1&Y )AYE &XnAU n bli(J Date Name and Title of Officer(e.g.,'Ja a Doe,Nola u tic*) ' personally appeared 'l S0. 2 d` o nnr>,. n r,— Names)of Signer(s) VI personally known to me- to be the person(s) ' . whose name(s)*/are subscribed to the within instrument and acknowledged to me that /they executed the . same in ter/their authorized capacity(ies), and that by NIARIALNNARINTONE bT/their signature(s)on the instrument the person(s), :S corrin*slon#1098159 or the entity upon behalf of which the person(s) acted, Notary Pubic—Cdfom executed the instrument. r orange Cwty My Comm.Exptrea Feb 19,2000 WITNESS my hand and offici Lseal. Signature o Ifi 7 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document. Z Description of Attached Document h � Title or Type of Document: zS Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)_Claimed by Signer(s) Signer's Name: Signer's Name: O Individual 0 Individual ❑ Corporate Officer 0 Corporate Officer Title(s): Ttle(s): z� Partner—❑ Limited ❑ General i] Partner—❑ Limited ❑ General Attorney-in-Fact Attorney-in-Fact el J Trustee ❑ Trustee (S. ❑ Guardian or Conservator . ❑ Guardian or Conservator Z. ;� J Other: Top of thumb here ❑ Other: Top of thumb here hh Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmat Ave..P.O.Box 7184•Canoga Perk,CA 91309.7184 Prod.No.5907 Reorder.Call Ton-Free 1-800-878-8827 lkl€;IR # L�PLPCSSE` 14i...1 ] Rr...: .:.......... .......... ..... .:::::::. .:: :::::::..:::::::::::.::::.:...:::::::::::.:.... State of California County of Los Angeles before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C' R _ __ �,;;�:,:� ._ tiI� s WITNESS my and Id official se s ; _ 2 2 ; ,._ i .� e nnnnnnonnnor,;;:,r.nenn r•nnnnnnn nnn r,00nnnn (S GNAT RE O NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE �I a BOND NO.3SM 887 430 00 F PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15034 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Four Hundred Nineteen Thousand Seven Hundred Eighty Five dollars($ 419,785.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that .said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 ' affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration . or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: Americ n torists Insurance Company as Surety By: VVI By. STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ,BEFORE A NOIAY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND d n.(L L PERSONALLY KNOWN TO ME( F SATI Ti rSTISF/AGTORY EVIDENe-E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALFQF,WHI THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNE SMY HA ) SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 41"— _COUNTY (NAME PRINTED) M ..• ROBERTA M.KERN COmAAISSICN#977541 2 STATE OF CALIFORNIA ) s Noary Public Cdlomi° SS " ISM Com COUNTY E e COUNTY OF ORANGE ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 430 00 PLC, a'California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: C f-gi5- Title: By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: JG M• Title: Vt By: Name: Title: la55a. SPA-r�fA Y l! BY•; e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of li1'1�F02NIA �? I County of On :1f.11'l4 o�?. ) 99(, before me,lylA2iAlAinI�LC�jn�c r�cr�A2�f n l,t Date Name and Title of Officer(e.g.,-Jahe Doe.Notar f u tic' _ ��� personally appeared Name(s)of Signers) , 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that+r>4e/they executed the A same in giber/their authorized capacity(ies),and that by t /their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) actedMAMALAINA , rhSPJMONE executed the instrument. Notc y RlbDC Ca11fO-M103 5 OrangeCounfy WITNESS my hand and official seal. Z MY COffM Eg*ell Feb 19,2000 - (hh'� Signature—of OPTIONAL �? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent h 'fraudulent removal and reattachment of this form to another document. r• 2� Description of Attached Document ' �S Title or Type of Document: r zS Document Date: Number of Pages: >> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual O Individual ❑ Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee O Trustee ( ❑ Guardian or Conservator . `. ❑ Guardian or Conservator . `. �hh ❑ Other: Top of thumb here ❑ Other: Top of thumb here rh: Signer Is Representing: Signer Is Representing: <; �I I 0 1995 National Notary As lion•8238 Rommel Ave.,P.O.BoK 7164•Canoga Park CA 91309.7184 Prod.No.5907 Reorder.Can Toll-Free 14W-878-827 OALIFt3Fl ttit ;ALL=PikR.0sI� ?1 t4 ttL311{t)1 ............................................. ...........::.:::::::::::.::.::::::::::::::::::::. .. 13 State of California County of Los AnqIeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shuj2per NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon °°°°`°°°°°°°`° °°��,``� ° °°° behalf of which the person(s) acted, executed the A. ti _L�1 a7EZ ;,.—, a instrument. WITNESS m hand nd official seal. A(, ( IG ATUR NOTARYY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------- ---- -- --- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE . r¢rsiat AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakin$ exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which ig hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of Jamsary , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY �1 W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO.3SM 887 430 00 r. PREMIUM W 17.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC. A California General Partnershi➢ (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15034 .is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Seventy SUM of Eight Hundred Thirty Nine Thousand Five Hundred dollars($839,570.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and-reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC, A California General PartnershdfPrinClpal By See attached signature block By American t r'sts Insurance Co. as Surety By !` F Willia. hu per—Attorney; In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 /yS( BEFOREME, A NO RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND 6 L PERSONALLY KNOWN TO ME(0 E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY-HA D 1 J SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 11414 ' ROBERTq M.KERN o COMMISs+ON 9977541 2 � Nqa uW c Ca+i+omia "or�woE couNly o My�amniaion Epirw STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 430 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: - croL etc "a41ez Title: By: Name: o Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR.HUNTINGTON B ACH INC. a California corporation, managing member By: Name: 0►1 Title: V i' s i By: Name: Title: as-St. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' r�YC�„S=<+,c;G_�K+�•c'<.G-�.c:lKaiS�.�,6:5..c�`.c:C.c`C'.c!>.c:G`.c:<..c,(•`.cK.,c-:ISC�"�G`C_b'(`.ivC)c:l`.cC`.c'!`.cl`.cl`.c(`.4Y���=`�',�`='�'.�l_�`C-`.�.c�'.<�!-scK`.�..Q.:Y,'� State of CAU P02 N lA County of On ZaLQ IR, beforeme,l(y)A2iAlArNBl2�nmc�� Date Name and Title of Officer(e.g..'Jae Doe.Nota u I -) r 7 personally appeared :E(1().�CLA CLA0(__7CPOI1176\ . , Names)of Signer(s) 9personally known to me— to be the person(s) whose name(s)*/are subscribed to the within instrument and acknowledged to me that /they executed the same in lr/their authorized capacity(ies), and that by h T/their signature(s)on the instrument the person(s), r5 MARLMMIARINTONE or the entity upon behalf of which the person(s) acted, Z Z: Cominftlon#To88159 executed the instrument. }� •� ,. Notary P JUC—Ccefomla MYcoffmEExptremFeb 19,2M0 WITNESS my hand and official seal. ,l(l (; ignature of N � 1 hh OPTIONAL rh; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent i rh; fraudulent removal and reattachment of this form to another document. Description of Attached Document h l; �5 Title or Type of Document: z� rh Document Date: Number of Pages: T>> Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): 10 Partner—❑ Limited ❑ General E! Partner—❑ Limited ❑ General Ej Attorney-in-Fact ❑ Attorney-in-Fact �•: ❑ Trustee Trustee h ❑ Guardian or Conservator "ill. ❑ Guardian or Conservator - r: ❑ Other: Top of thumb here ❑ Other: Top of thumb here r� hh .� r: Signer Is Representing: Signer Is Representing: ;.^c_.;ri;^�i 0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Cell Ton-Free 1.800-878.8827 01 t t3R t�E� -P:4 iF€POSE° K Lf31 ....1 .... T.........................................:...::::::::::::.::::::::::::::.:...:............................................... State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William-1. Shugper ; NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the CC CCCouCC{CUUC OGC!S UGU(:U' instrument the person(s), or the entity upon ' vuU OGUOOo 000 co A. 11�ELEf��EZ behalf of which the person(s) acted, executed the ___ _ - _ u. 7701 instrument. s 2 .:3 - -_. _.� - - 2 -- - WITNESS my and a d official se nr Gf.f.f, L , - ..- _.. ( 1 ( N T O'P W6fARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT,. SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---— ------ American Motorists Insurance Company SIGNER'OTHER THAN NAMED ABOVE l BOND NO. 3SM 887 429 00 PREMIUM ears MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15034 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Comnanv as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Six Thousand Five Hundred $ 6,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May 1g 96 PLC, A California General Partnership as Principal By: see attached signature block By: � Ameri an 4Trists Insurance Company as Surety By: i a upper- ttorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) (' ON BEFORE ME, , A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED / AND61 PERSONALLY KNOWN TO ME(OR P VEDT&M ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID S ATE IN Cam.,,a COUNTY e 0-1 rYi 1-p,. Af C-P-A/ (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN IL COMMISSION 0977541 = +� S Naary PublicCalilomia ORANGE COUNTY O �`ve7�vv� My Commission Exproms NwemDsr B.i9m 1G96 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES MONUMENT BOND BOND NO. 3SM 887 429 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner (� By: Name: z?" 67 Title: By: Name: Title: Scc�fcZ/z_/ By: T/L HUNTINGTON BEACH LIMITED.LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Z 7Zn2 12 Z j aY%VC Title: 'L �- By: 4�6tL40-- Name: >er'CS Title: �C�e tGZ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .��--.�r•,cS;c-rcrcr"cr,�-c.�c.,�r•,�rc�c.,c;rcr,�r,�=c,�r.,o-r�,�:c>,c=:car,�r,�=ccrcry-c�.c=c,�rercrc=:c.�-c>,car.�c-.�ac�>.�.c;�.����.�'.�;5�',�.,, State of '�UF02rylA County of On ��(.lj'lQ o-?, g9(p before me,YY)A(ZIAIAfN�1NTcE flA2Jlt , Date Name and Title of Officer(e.g..'Jafie Doe,Notartl"Futlic) r 7 personally appeared ,�n(1(). 'lC�n� ice. S0.-t �2 011& Name(s)of Signer(s) 9personally known to me- to be the person(s) ?� whose name(s)is/are subscribed to the within instrument and acknowledged to me that i /they executed the same in fir/their authorized capacity(ies), and that by tT/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, z� MAM41AINA RWONE executed the instrument. Notary AjWo—calif va orarpecouttly t�NESS my hand and official seal. r: cow E)Ires Feb 19.20M C Signature 7 hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. hh l� Description of Attached Document Title or Type of Document: zti Document Date: Number of Pages: �> Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signers) . � Signer's Name: Signer's Name: Individual iJ Individual ❑ Corporate Officer ;l Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General Partner—❑ Limited General Attorney-in-Fact = Attorney-in-Fact Trustee _ Trustee ( El Guardian or Conservator . illhrl`- ❑ Guardian or Conservator i1 Other: Top of thumb here Other: Top of Ihumb here Signer Is Representing: Signer Is Representing: •c.`C"<":`CC^CiS�tS�2>`�`�i`C2�z:"Cz:Cz>`CZ`U�tS�=ii`C�?Ct:�'C_G`C��tS�t>`�t>`Ct>`CG`Ci>`�S�t7�t>�Cz>`C�C>`�t'�;`�t>`CZ>cZS�t;`�t)�tS�=i>`C�i>`Ct>`CCjC�>'�Z>`�tSd'� � 0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Perk.CA 91309-7184 Prod.No.5907 Reorder:Can Toll-Free 1-800-878.8827 CAUFORNI ALL=P l"Pt SEA K tt£)11V .......................................................................................................::::::::::..:..........::............... State of California County of Los Angeles On .i INS before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the L11 .1-kIJL � y instrument. WITNESS m hand nd official seal. (trltNATIURE OF NOTARY), OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I ES) ---------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ®a. AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking.exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other "writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 0-9191� 0 W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 431 00 ' PREMIUM $100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15085 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Six Thousand Two Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fif ty $ 6,250.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: Ameri n M as Surety BV 1 upper- ttorney In Fact By: P092 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON SSG BEFORE A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME( TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS SIGNATURE' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M. KERN Commiss)ON#977541 = g: A Nolary PUbIk California _ ORANGE COUNTY C (� r+N Comriicsion Expires EI�+W� Novatrbar B.tY06 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092 8092 MONUMENT BOND BOND NO. 3SM 887 431 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: i Ct cz Title: V 7V�S 14211elz By: Name: 77' cr i 6 s Title: .s'E'G/-e /'V By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: _ /14� Name: Title: By: Name: s Title: e&rv,+A vU :'APPR VET AS ' 0 FORIA fir ; City 4ttcrneg. ty k4Lt orneY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (r.`F-��`!'FY`.�'Z'n.��=.C�YvC`�.C`C.G'�.�`C-'.r'�.CK`.G`C.CS-�iCSIiC`r�Z,'•`.C:C`.�'T.c�C`!°'l>.C`�.C`�iC'Cc':!`.C:�`.G'G.C:C.G�.C;�`.G`GC`C�TSS���Ci'�'.�=`r�..Sj`C•�.G`l�.fJY`.�`C�^�`.CK•.O.'Y� 4 State of CAU F02 ry to County --of-- On�o)(,t i'IQ 10 � qq� beforeme,WA2./AIAid�ij_QN� kTTA2�f (�h_l,�C�, Date Name and Title of Officer(e.g.."Jaiie Doe,Notarf u I -) personally appeared i M6\_ ?� h Name(s)of Signer(s) r: )Lpersonally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that iseisl*e/they executed the same in Ir/their authorized capacity(ies), and that by IT/their signature(s) on the instrument the person(s), `S r, tvtARlAIaNARiNiofVE or the entity upon behalf of which the person(s) acted, z� r Cotnmlaslon01088159 executed the instrument. -� - Notary AJAC—Cc fwft courdy my Conan Opkes 19.2000 WITNESS my hand and official seal. — Signature of hh OPTIONAL \ r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S ' fraudulent removal and reattachment of this form to another document. Description of Attached Document h Title or Type'of Document: z� •S Document Date: Number of Pages: >> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer E, Corporate Officer Title(s): Title(s): ?� Partner—❑ Limited ❑ General E, Partner—❑ Limited ❑ General r-; r El Attorney-in-Fact Attorney-in-Fact r: u Trustee a Trustee h ❑ Guardian or Conservator ❑ Guardian or Conservator r: ❑ Other: Top of thumb here ❑ Other: Top of thumb here r: hh Signer Is Representing: Signer Is Representing: 0 1995 National Notary Asaociatlon•8236 Remmet Ave..P.O.Box 7184•Canoga Perk•CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-878$827 State of California County of Los Angeles On ''- I:i::� before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William_T Shugper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon =? . mELENi)EL behalf of which the person(s) acted, executed the G _ r f.i. #i' ' 2 0 R _ - s C. instrument. WITNESS my hand nd official al. l.� ( ATYJR OF r4bTARV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -______-___------_____________ American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE . ti ILTURTUtTEMORMn Dram@ AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of.this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit. of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said "American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This-Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas. S cr tary by J. S. Kemper, III, Exec.Vice.President (OVER) BOND NO.3sM 887 432 no PREMIUM With performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15085 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of seventy Five Thnusnnd Fi vP AundrPd Fight-Jr Fi vu i dollars($ 75,585.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 �090 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership ,as Principal By: See attached signature block By: America M to iLts Insurance Company as Surety By: William S upper-Attorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 /Fes,BEFORE ME, �.,� A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED�'A,ti, txG J ANDC.y PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT, WITNES MY HAD SIGNATURE f G ,7, MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY ke7g/1 (NAME PRINTED) MY ROBERTA M.KERN commtissioN#977541 s STATE OF CALIFORNIA ) ' Nary r,muc C40o e 3 ORANGE COUNTY 0 SS = Lay cormiesm ewiro. COUNTY OF ORANGE ) Novorr or 8.1D96 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 432 00 PLC, a California general partnership -:By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: ttf=1 J72PN (L S Title: By: /"�G37��- Name: Title: `/ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member A_ By: Name: Jvn J e Title: s Name: —r c Title: Klss+. S 0x p iar y B`J' 1 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �r�`.�.c:<-`.c-'�,>.c:f`.c:6Sc!-`.c(`,��'�';c^���Crc:P.e:!`.eK`.c'�Ytc(>.�3.c't>,c=�,.<=K`.c(-`.iY`.c'f`.c!•scC.c�(>.c'l'.c-<JeC`cl`,C�-G9�',t•��(`•cK-`.cl`.i-!,.cK.�'lSc"'�.>.c�`.c:(.c�`.cr-�"jj' �! State of CAUF02NIA County of On �1(.lt'�4 l o-?, A96 before me,YY)A2iAIAiNig R1 rycr-a2u n h(, hlic� , Date Name and Title of Officer(e.g.."Ja a Doe.Nota u 1 ') personally appeared (lt� 'lG Name(s)of Signer(s) 9personally known to me- to be the person(s) whose name(s)jo/are subscribed to the within instrument ?� and acknowledged to me that ire/they executed the same in his iter/their authorized capacity(ies),and that by ITT/their signature(s)on the instrument the person(s), MARIAIAINARIMONE or the entity upon behalf of which the person(s) acted, T� r' Commtsslon#1088159 executed the instrument. -a Notary Pubic—CaGfornla S Orange county WITNESS my hand and official seal. My Comm.ExQaes Feb 19.20M ?� r: S Signature (` OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ;S fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 2 Document Date: Number of Pages: z� r Signer(s) Other Than Named Above: > S Capacity(ies) Claimed by Signer(s) � Signer's Name: Signer's Name: ❑ Individual _; Individual ❑ Corporate Officer E. Corporate Officer A Title(s): Titfe(s): ❑ Partner—❑ Limited ❑ General E, Partner—❑ Limited ❑ General z� J Attorney-in-Fact Attorney-in-Fact �h ❑ Trustee Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - O Other: Top of thumb here ❑ Other: Top of thumb here l Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Perk.CA 91309-7164 Prod.No.5907 Reorder.Can Too-Free 1.800-876-W7 : ....:...:::... ::::.:.....:.:::. C.A F ..RNtA:A►LL-PURPOSE 1ACK t431t L R/tE l'f .......:.::::::::::::.::..: .:::::::::....................................................::...... State of California County of Los Angeles On 1-14- before me, A. Nfelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the G - ` '.'.. .T R instrument. L S WITNESS m hand and official seal. . r IGN4TUR1f OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ---------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE f • M naraet AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 311 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 1 ff M uaos C W. A" Grauzas, S cr tary by J. S. Kemper, 111. Exec.Vice Presideni (OVER) BOND N0. 3SM 887 432 00 PREMIUM s12og_oo 2 Y,,,, FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15085 ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company , as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Seventy SUmOf One Hundred fifty One Thousand One Hundred dollars($ 151,170.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 19 96 PLC, A California General ParrnarA:Pjincipal By See attached signature black By Amerilca tol ists Insurance Co,as Surety r I By I William �,' S upper-Attorney In Fact By 2 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 432 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: oL 6l.Lcc a a� Title: /CSi G;✓e e By: /� Name: Cs o Gr-C. 6 s Title: C By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: jejvt Title: Wna By: GL Name: 411 -p-CAve-C.4- Di Title: WsSt• See r>?tarp r ,-�o,jFD ' To For"'. GY H "n id. C i J. �?tzorrey By• e y City STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 ss4 BEFORE ME A NO ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED, .E re�O AND � �yc ✓ �Lr�.� PERSONALLY KNOWN TO ME(OR Pf�@VEB T61vIE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY ND ) SIGNATURE I (} MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY Ysa'3��L o7 . l-((wN (NAME PRINTED) MY COMMISSION EXPIRES //-a'-�'6 ROBERTA M.KERN n COMMissioN#977541 x 7 S, Naary Public Calilmia r ORANGE COUNTY 0 STATE OF CALIFORNIA ��a.iowax NwartOar e.la>G )-SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT X it State of CAU F02 rQ*A NCounty of On ,ll'lQ � C 1 q9(p before me,YY)A21A1A1N�JNT E. _ ARJ�1 � �'JI .ICE , Date Name and Title of Officer(e.g.,'Jae Doe.Nota u lic') r 7 personally appeared :TCLw ')C�...n0 Y1�1. S0.-t�2 c�d_�IJQQILQ.0 a _. O((4n!"— Name(s)of Signer(s) I personally known to me— to be the person(s) ' whose name(s)in/are subscribed to the within instrument ?� and acknowledged to me that i /they executed the same in Kiser/their authorized capacity(ies), and that by bNtheir signature(s)on the instrument the person(s), bIARIALAWARMTOPIE or the entity upon behalf of which the person(s) acted, z� C,omiribsIon#IM6159 executed the instrument. � No1 PUble c► . � MY Comm Ex 9S Feb 19.2MO W ESS my hand and Signature otary ubli 7 hh OPTIONAL ri Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Z Description of Attached Document ?� Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer O Corporate Officer Title(s): Title(s): El Partner— ❑ Limited ❑ General Partner—❑ Limited ❑ General Ll Attorney-in-Fact Attorney-in-Fact E Trustee ❑ Trustee ( ❑ Guardian or Conservator . ' ❑ Guardian or Conservator l: U Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ccci> t ez�ctztet ezTet>czze� ci�ez c z�rzc�cz> ci ci cisez cz> cz e�e� v >c i> ci ci 0 1995 National Notary Association•8236 Flerm+et Ave..P.O.Box 7184•Canoga Park.CA 91309-718.1 Prod.No.5907 Reorder.Call Toll-Free 1.800-878-6827 EA�-1. Rl�.... �..... �PC�S .I�I�K [) L ? ......................................:......................................................... ::.::::::::::..::::::::::.::::.:::: ..................................... ........................................................... . . State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William-1. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon vouui•rccc:;;c•coccccc ccnoocoocor�nc�oo�o A. I`r�E; EI� EZ E behalf of which the person(s) acted, executed the _ r.�;r,Jf% #1,71 1 j instrument. S S p 2 WITNESS m hand nd official seal. ( GNA URE F NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -__M_---------____-----_____ American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND NO.3SM 887 433 00 PREMIUM 100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15081 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Ten Thousand Seven Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fifty $ 10,750.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May 19 96 PLC, A California General Partnership ,as Principal By: See attached signature block By: American o ri s Insurance Company as Surety By: Wi am hupper—Attorney In Fact By: 18092 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON Syc BEFORE ME, A NOT RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY NOWN TO ME( TO ON THE BASIS E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY 7 SIGNATURE L MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN S.Ad V — COUNTY (NAME PRINTED) MY COMMISSION EXPIRES '`' ROBERTq M.KERN COMMISSION #977541 ubleCatlbmfeONNuGE 3Z COUNTY C \ C°^'nesion E STATE OF CALIFORNIA ) kTx; wh-C-1 °'e. xorn ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092 ,8092 1 r MONUMENT BOND BOND NO. 3SM 887 433 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: o�Ca Title: By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name:I M Title: By: a, Name: -Ther-es4- oiv.4vh Title: Seexe;Fary or Att e n MUTT ney. B� f �::.:.::.�::.::::.:: `:i'!:'::::::i::ii:`":i:::::is:::::::::::`....j?}:;:L;:iti::�.................�� .... ::+:i::.... ::i::: ......i;?{i{itj j (:;: iSi` 1 €IFf3ftll�►tlI=:PtiRPEitl...ltftt' ENT..:::. >; ......... ... . ..... State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shuj2pe NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that.by his/her/their signature(s) on the instrument the person(s), or the entity upon °rA. `'='-`'NIDEZ C.-T behalf of which the person(s) acted, executed the 5 :: - -_�C C- *G�NIA S instrument. u WITNESS y han and official I. rrc.c -rrer . ,. ccr-arc�coc;'eucuco 'uc n G U F NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ■ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.r- ,�rc�,cr.�=rcr-.cr- - - --,r=c�.�r�re��-,r.,�c�.cr,<=c�.c:o.�,Sri-rcr.�xc:ccr..�.r-.c=r.,i�.c-c�rcr•.c-r.cc.�r.�.�-r.�.�=�.,�-c.,�-c,�,a-� t State of CAU F02 N-IA County of Q k A lob On��1(AAQ o;?, ) '79(o before me,WA2!A1AiN6 R1&YFQA)F.Akl2S U k2lic, , Date r Name and Title of Officer(e.g.,-Jae Doe,Nola u I -) personally appeared (1C� 'lG n� (1�. S0.-t �2 0.1�d�� J1Loa— �O i(4ni,_ Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)*/are subscribed to the within instrument ?� and acknowledged to me that ire/they executed the same in tamer/their authorized capacity(ies), and that by f /their signature(s)on the instrument the person(s), MARIAWINARIMONE or the entity upon behalf of which the person(s) acted, moo^#1088159 executed the instrument. Notary Puble—COHOM1a rS a QMVcoffmEVhaF9b19.20M WITNESS my hand and official seal. C: Signature of Notary Pub, hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual _] Individual ❑ Corporate Officer Ell Corporate Officer ?� Title(s): Title(s): ?� Partner—❑ Limited ❑ General D Partner—❑ Limited [] General Attorney-in-Fact Attorney-in-Fact r: ❑ Trustee Trustee (S ❑ Guardian or Conservator Q. '-- ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here r: Signer Is Representing: Signer Is Representing: 0 1995 National Notary Associatlon•8236 Rommel Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.800.876-6827 AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California* its true and lawful agent(s) and attorneys)-in-fact, to mks, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) , EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any tine by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a nesting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND N0. 3SM 887 434 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15081 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Seventy One Thousand Six Hundred Twenty Five dollars($ 171,625.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner t go90 • . affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 94rh 119 gr' PLC, A California Geneal Partnership ,as Principal By: See attached signature block By: America Mo sts Insurance Company as Surety By: Willi rrt J. Shupper By: Attor'6y in Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) -2 ON k 4& BEFORE ME( J A NO ARMY PUBLIC IN AND FOR SAID STATE,P NALLY APPEARED �k,, gA7,4.) AND PERSONALLY KNOWN TO ME( E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES YHA D SIGNATU E .s �1 ram✓ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY , ROBERTA M.KERN K coem wm 8977541 STATE OF CALIFORNIA ) P ) SS = LN cow E*r NaanEp 8.1G86 COUNTY OF ORANGE ) ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 1i090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 434 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Title: By: ��- Name. Title: ` By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON CH, INC. a California corporation, managing member By: Name: i Title: Si By: ac, Name: S Title: 14119t. SBE re+p- ' BS. D putt' City Attorney J o:aat AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in.order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY , M•uos S ese�ro.+ W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) ::. . ::::...:.::::::.:.:...:.. ..:::::.::. AIFfIRIL-PEPaSlel €43IR ...N .......::::::::::::::::::::::.::::::.:.::::::::::::::::::::::::.:::::..:..:..:::::::: State of California County of Los Angeles On before me, A. Melendez, Notary Public, ,A ' N ;e'Ti: NAME,TITLE OF OFFICER personally appeared William J. Shupper , NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the G GG GGGGG`::,.,,r.r'v C:;G:CL GOGOOGOOOO . F' E-N`DEZ G instrument. � : G C _ =G 2 WITNESS m hand and official seal. IG A UR F OTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. .CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) -------American Motorists Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CAU P0(Z ry IA County of On I(,U'lQ o�?, ) qg�o beforeme,YY)A2iAlArN8�2inmc � r�k�A2u hliC, , A Date Name and Title of Officer(e.g.,'Ja a Doe,,Note u I ') ppeared r � Q personally a (1C) '1 50.-t��n'1 noL� Q,(�0�_ �d iI� t�' Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that-hte/they executed the same in it/their authorized capacity(ies), and that by ter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, r� commkillonf 1088159 executed the instrument. r: -e NOICryPJNC—Callfotnia CimigeCouumr WITNESS my hand and offic' My cotrm Expires Feb 19.ZOD Signature of aN h 1 r S OPTIONAL t? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document rS ^. r: f> Title or Type of Document: z� r: z� Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: . ❑ Individual :J Individual ❑ Corporate Officer El Corporate Officer Title(s): Title(s): ?� Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General iD Attorney-in-Fact Attorney-in-Fact z� ❑ Trustee ❑ Trustee it ( ❑ Guardian or Conservator . °-• ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: �h 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Can Ton-Free 1.800-876-W7 BOND N0.3SM 887 434 00 PREMIUM 2746.00 2 Yrs FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15081 is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal & Fifty SUM of Three Hundred Forty Three Thousand Two Hundred dollars($ 343,250.00 1 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24th 96 PLC, A California General Partnerts4kinclpal By See attached signature block By Americ n oto i is Insurance Compy$Urety By Wiliw J. Peer—Attorney In Fact By 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE j L- ON /s f BEFORE ME, SA. 4�y� A NOTAR PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 6 -J AND J C. PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS D ) SIGNATURE I c�C.� n, L' ,,�.J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN �O� = COUNTY Q c��-44 th- K to N (NAME PRINTED) MY COMMISSION EXPIRES s' ROBERTA M.KERN commissm#977541 x S Notary Pubic Calilomia = ORANGE COUNTY n My Comn ll6oa Expims STATE OF CALIFORNIA ) Nova t.e,im ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 434 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: 4Z Name: - a 4a4X oC Title: By: Name: S o e��' b 5 Title: /e 61 By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: lave- Title: Wce t' e t By: A Name: -(lfj-esa_ PaiK-bh Title: I ssfi Se-rC axS( �`�i,'• vo��e� „0= t•- v G� �" ..:::... . :. ....::::..: ...:::.:. ...:.. .....::...:. VVIL 1�1UFf3R itl .A l✓P>E Pt SE 1 K.ttE...... .... ..:::::T...:::::::::::::::::::::.: .... ... .. ....................... State of California County of Los Angeles rr r(` On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shugper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. c S z _ WITNESS m hand and official eal. A URE OF OTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I ES) --------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE •6' CALI-FORNIA ALL-PURPOSE ACKNOWLEDGMENT �(+"-'. .c-C`.c�•`.c�c�cY`'.cc-.��`�ScSJcc�.K�.cl`.c'�•`.c:C.c�>,r"�•.c—:r•-.--,c�c`,c�c',�-1-,c-G.c(`.c!`.c-Y.c�cScf'.cC,�y`y�.cre�(`.c-.N,cr— p ( State of CAUF02NIA County of-- ��AII7C�E On �1am a, ) 99(o before me,WA21AIA►A)AR1 E Ajncas u 01 1 HxJ, , Date Name and Title of Officer(e.g.,'Jafie Doe.Nola u I -) '7 personally appeared �p(1(3� '1f�1�� ni S0.Rt o-n&�, QJL O._ Pa) ,h Name(s)of Signer(s) personally known to me— to be the person(s) ' whose name(s)4/are subscribed to the within instrument ?� and acknowledged to me that /they executed the same in ter/their authorized capacity(ies), and that by r/their signature(s) on the instrument the person(s), S r5MARLALAINA RINTONE or the entity upon behalf of which the person(s) acted, rrS' Conwnhdon#lpgg159 executed the instrument. Notary two—Ca®fomla My corrM Orange County 1Qr TNESS my hand and official seal. Signature of of 1 7 hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Z• Description of Attached Document ti . Title or Type of Document: Document Date.- Number of Pages: Signer(s) Other Than Named Above: '> T� Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer i, Corporate Officer ?� Title(s): Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General El Attorney-in-Fact C Attorney-in-Fact ❑ Trustee El Trustee h ❑ Guardian or Conservator `- ❑ Guardian or Conservator ;- (r: ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: �h on -Z, c2:c-1, 0 1995 National Notary Association•8236 Remrnel Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Can Toll-Free 1.800-878-827 BOND N0. 3SM 887 423 00 '* PREMIUM $100.00 1 i MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15037 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, A California General Partnarchtn (Subdivider) as principal,and American Motorists Insurance Company as suety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Five Thousand Map,in accordance with said map and said certificate up to but not in excess of the sum of -Five Hundred $ 5,500.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May .19 96 PLC, A California General Partnership _,as Principal By: See attached signature block By: Americ ii Mol ri is Insurance Company as Surety ay: Willia J Shupper-Attorney In Fact By: 8092 � n STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON /9 sc BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED C �rA—I ->".' ,J AND PERSONALLY KNOWN TO ME(OR-PROVE DEPiCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND 1 SIGNATUR � MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN �'.� ems-COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 11•f"FG _ ROBERTA K KERN COhM WION 9977541 x . S Notary Pwc Catitomia Z ORANGE COUNTY C Mh combs"Eapir" STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092 8092 MONUMENT BOND BOND NO. 3SM 887 423 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Name: �Jc�ctaL �¢6 e7s cdazaL Title: j0,re-5 4,'e2 By: Name: 7:i'C Z ophe ib S Title: Secre Z- _ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: tx 4/2 a Title: L e By: Name: 4t Bl DY7 Title: CC/`e 42 ttorneY qr_ :• . _ , .; City �'�` J 1 :.... ......:.:.:. .::.:.::.:....::::.:.:.. AUFORiT >r.-PUPt?S ::l )Ef# C3! I:..:::.:... I....::::::::::.:.:.:::::::::::::::::..:::.:::::... . ............................... State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon - ' G behalf of which the person(s) acted, executed the _ instrument. S WITNESS y hand Ind officia eal. (SIGNATURE OF NOTA Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�+- .�-c�.c�,cr.�.,—�r.:c�,.c-ccr.,cr.;�-c.,comer•:c=rcr.,crcr.,�-r.,�;r.,�-r,�.cr,�rcccrarc=rc-cc:ccrc�,cS>�.�.c��>%�=. .,cr.<=c;�.�r��„�<y� { State of CAUF0("_ry1A t County of On : 1 .1� AQ I C )qq( before me,YY)A6iQ)AiNARi r-)A)F-:- ► Xnr t� n h�� lic, Date Name and Title of Officer(e.g.,'Ja a Doe.Nota u I ') personally appeared 50.Rt Md`__1,KStA rt+nn,_ ; Name(s)of Signer(s) personally known to me— to be the person(s) whose name(s)io/are subscribed to the within instrument and acknowledged to me that tmM4e/they executed the same in Bier/their authorized capacity(ies), and that by I /their signature(s) on the instrument the person(s), MARIALAINARINTONE or the entity upon behalf of which the person(s) acted, 1 Convrftslon 01088159 executed the instrument. -� Natary Puble—Calfomlo My co19,2mo "mhandd official seal aW o �i 7 7 hh PTIONAL rh; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent r: fraudulent removal and reattachment of this form to another document. Description of Attached Document r� > Title or Type of Document: Document Date: Number of Pages: z� r� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 10 Individual 0j, Individual ❑ Corporate Officer E, Corporate Officer Title(s): Title(s): Partner—❑ Limited O General E, Partner—O Limited ❑ General Attorney-in-Fact Attorney-in-Fact C; Trustee Trustee ( 0 Guardian or Conservator . `- ❑ Guardian or Conservator 0 Other: Top of thumb here E Other: Top of"thymbhere Signer Is Representing: Signer Is Representing: I C' '�G�t^ ici?c2sL` Z2?�2'�2Z>C2�irL�Ct'�t` �c< Z>` )ct>cis >�Z cisC cZSC�s `�Z> sCts�C c i Ct Ci>�ti>o`a 0 1995 National Notary Association•8238 Rommel Ave.,P.O.Box 7184•Canop Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.800,876-M7 AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking.egceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such . bond within the dollar limit of authority as set forth herein. This appointment Tray be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth shd is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 00-1 W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) �. BOND NO.3sr1 887 424 oo PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project 15037 is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title,15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Seven Thousand One Hundred Twenty Five dollars($1 b7,125.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: American Mot ris s Insurance Company as Surety By: 111 Fact r By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ON 7 5: BEFORE ME,_ c+ A NO 1�Y P,U.BLIC IN AND FOR SAID STA ,PERSONALLY APPEARED � -�G� ANDc PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF�WHI THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES \MY HAN SIGNATURE .� J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN C"-C&4xc— COUNTY Kt:r-M (NAME PRINTED) MYW' " y. ERTA M.KERNm'sSON 0977541STATE OF CALIFORNIA1ETvSS commob„E,pir" COUNTY OF ORANGE ) N~bw a.I ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090, LABOR AND MATERIAL BOND BOND NO. 3SM 887 424 00 PLC, a California general partnership ..By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: c Title: By: Name: Title: �E� By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member l By: / Name: taw �t C. Title: .i Name: e,-es a Oj/Z Title: f-e CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT ryn^ c=ocrc(�rc�>crc Cc=<>Ccrc rc(c CcC'c(cC`c rc(`c�c CLf>c=ce( c rcrc�ric�—. - y� ' t State of CAU F0(Z,,,3 1A r+ County of On�� f.l l�4 lc- l ) 9 9(o before me,W A 21 AI A1NA R1 r-)A)E.A) =k4 ,Q k)1;C,, i Date Name and Title of Officer(e.g..'J a Doe.Note u I ') 7 personally appeared ,:1(na4ho_&) M. 30.-1r (3 k noL 9_,C60= N.1 AD Name(s)of Signer(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that 1 /they executed the same in I +er/their authorized capacity(ies), and that by kw/their signature(s) on the instrument the person(s), rhS � or the entity upon behalf of which the person(s) acted, MARUUAr; Convrfton 0 RINTONE I MS159 executed the instrument. •a Notcry Puble—CaQfomlo OranBeC°unly WITNESS my hand and o sea. MY Corm.BVm Feb 19.20M Signatur a P lic 1 7 PTIONAL h Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document. Description of Attached Document r: Title or Type of Document: 3 Document Date: Number of Pages: > Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual E Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ?� Partner—❑ Limited ❑ General ,❑ Partner—❑ Limited ❑ General -D Attorney-in-Fact Attorney-in-Fact r ❑ Trustee Trustee a If ❑ Guardian or Conservator ❑ Guardian or Conservator `- ❑ Other: Top of thumb here ❑ Other: Top of thumb here r� P` Signer Is Representing: Signer Is Representing: I ez>ri>Y 0 1995 National Notary Association•8236 Rommel Ave..P.O.Box 7184•Canoga Park.CA 91309.7164 Prod.No.5907 Reorder.Call Toff-Free 1.800-878.8827 AMERICAN MOTORISTS INSURANCE COMPANY Hoes Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,esceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) ' BOND NO. 3SM 887 424 00 PREMIUM $1714.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19.and identified as project 15037 ,is hereby referred to and made a part hereof,and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of Two Hundred Fourteen Thousand Two Hundred Fifthdollars($ 214,250.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on Mn3, 9LO, PLC, A California General PartnersbiPrinClpa{ By See attached signature block By AmericAn M'tgrists Insurance Co. as Surety r By i William .upper—Attorney In Fact By 1 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 st BEFORE ME, A NOT: Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ! AND - PERSONALLY KNOWN TO ME(OR ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS D SIGNATUR716--I-L�' A6L MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Qii-ti �-- COUNTY gC-0 ' yi. I'r'17ZV (NAME PRINTED) MY COMMISSION EXPIRES // f 4 ROBERTA M.KERN COMMISSION#977541 T- Notary Public California _ ORANGE COUNTY v 99 My Commission Expires STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 i FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 424 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: 0 aeZ bG�ccP cz.cv�x Title: �e2 By: Name: 7� o err ibhS Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: I 1,7,P-o76v-&4,&z H. 74 le Title: G e t By: d ' Name: eS Ga� G77 Title: —j ell _ ILL+'.,` `�` .`,• �~�J ENT<> »> _` >><>> <> »>`<» »> ....[ >< <>< >>_<»» < >> >< < `. 1 I1FflR [t Al F tFt]S Clf iaWL .:::.... ...:::::::. . ..... :.:::::::::.:::::::::::::::.:::.......... ::: .:::::::.. ..... .::::::.:..... State of California County of Los Angeles On M Y 2A MI5 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shul2per NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon C pr.nr-..•C.n.;...fin b:0^.:pn;.nrp.:. .nnnn..r;eno� behalf of which the person(s) acted, executed the instrument. s z == WITNESS y hand and official seal. A Lk� SI _ U E OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) -------------------------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) ---------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT h IN /l �-, I ' State of l�(--►1�P02 N1A County of I2 tq 106e- I On—�L,l�'ll? o�?, )q1(y before me,WA6AJAir)AR��c�E 11h1A:(- , Date Name and Tale of Officer(e.g..'Jae Doe,Nota u 1 ') -� 7 personally appeared o),(Z(1�Ah O M. a4z Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrumentI and acknowledged to me that ire/they executed the same in hiss +er/their authorized capacity(ies), and that by tNtheir signature(s) on the instrument the person(s), MARALAINARMTONE or the entity upon behalf of which the person(s) acted, r .e Ca f executed the instrument. h Orange County r; My Corrm EVm Feb 19.2m0 WITNESS my hand and offici seat__ Signature of Nota bfc hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ?� Title or Type of Document: z� Document Date: Number of Pages: �5. Signer(s) Other Than Named Above: 1 Capacity(ies)-Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual E. Individual ❑ Corporate Officer `.I Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General i! Partner—❑ Limited ❑ General u. Attorney-in-Fact Attorney-in-Fact ❑ Trustee Trustee (S ❑ Guardian or Conservator . ❑ Guardian or Conservator a `- c. ❑ Other: Top of thumb here El Other: Top of thumb here 1 Signer Is Representing: Signer Is Representing: J cG^c�>ci^�Z>cz: Z2` iQZ> �ez> i> t�t:e�` ^ci5cisezise<ciscz;ci>�=it`�i^eZ c�^e�> i> c<cisc<�=i>rise2> iso` I O 1995 National Notary Association•8236 Rerrwnef Avg.,P.O-Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.800-878.8827 ; I BOND NO. 3SM 887 421 00 PREMIUM $100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15082 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC. A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Seven Thousand Two Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fif ty $ 7,250.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May '19 96 . PLC, A California General Partnership _,as Principal By: See attached signature block By: Ameri an Mo o fists Insurance Company as Surety By: . i i am Shupper-Attorney In Fact By: i STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON t5iL BEFORE ME, I C tf A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED—�3 �,�,_d 6 l�Lj)-e, o4 AND PERSONALLY K OWN TO ME(0 TOR-�-EMENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS Y H / SIGNATUR 1 a-11 /� �7¢1--/) MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Ga��r� COUNTY (NAME PRINTED) MY COMMISSION EXPIRES /i-l°-Pe ROBERTA M.KERN •" COMMISSION 8977541 Nweq D P. Celilomis �' �^.• ORANGE CCY/NTY _ W Con mu*n Expires Novoffbw 8.1ON STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES i MONUMENT BOND BOND NO. 3SM 887 42100 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner (� n By: 7� Q 1 � Name: Waco_, Title: l as-i glc2 By: Alf Name: C o erg bbs Title: cctc �/ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member / By: Name: O"Q: gz" CL e Title: I'acS.," C By: C�"J- Name: S D//Z e4r.7.7 Title: eez nv'fi 3 "" TO FOR,"': \4 L I �'.i 'r. Cld, C;+ A++ornez, 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .r�� ���.�����.r���.-c.,�.�r.�-r,cr..cr•:cr.,�r.,cr.�,�-c,�r..cr..c=ccrcr,�r.,�-rcr..cr���`,�r,.cc�.�-r.�--r��..��-y�� State of CAL1FOaNilA County of ��f2(�(AGE✓ On (,1114 I o-?, ) q9(o li LI before me, 6iQI Aida lT EA _rot3ef, U U k)Uc , f • Date- ( Name and Tale of Officer(e.g..'Jae Doe,Nota u I ') personally appeared ,7(n34' UA__) Name(s)of Signer(s) ' gpersonally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that+mioke/they executed the . same in t�r/their authorized capacity(ies), and that by LET/their signature(s) on the instrument the person(s), MARALAINARNTONE or the entity upon behalf of which the person(s) acted, _ COfrA*jlonA108159 executed the instrument. Notary Pablo—&-fii b mycorrm BipmsFcmdyeb19,2MO WITNESS my hand and off C Signature la i 7 hh PTIONAL rh; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent r: fraudulent removal and reattachment of this form to another document. t� Description of Attached Document r Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑'Individual ❑ Corporate Officer ❑ Corporate Officer Tftle(s): Title(s): ?� Partner— El Limited ❑ General ❑ Partner—❑ Limited ❑ General _] Attorney-in-Fact Attorney-in-Fact Trustee Trustee ( ❑ Guardian or Conservator . ❑ Guardian or Conservator C 0 Other: Top of thumb here El Other: Top of thumb here Signer Is Representing: Signer Is Representing: ise27'. 0 1M National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Can Toll-Free 1.800-876.6827 1 , 1 AU {31 'A ;L-PLPi3EKE3i�{i'LR(IEtI:. State of California County of Los Angeles On 19n cbefore me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shu1212er NAME OF SIGNER ■Personally known to me - OR - ❑ proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ecoocccc.oc000000coccc0000000000000000 instrument the person(s), or the entity upon A. f�ELENDEZ G behalf of which the person(s) acted, executed the G 5 cntthf 1077 f- -_ - R S instrument. = - - WITNESS my hand and official seal. IGNATUR F NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ------------------------------ ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ■ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) ---------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ,:arms= ncunaec AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or Pore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signedand its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3sM say 422 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19.and identified as project 15082 ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title.15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the SUM of Eighty Eight Thousand Eight Hundred Ninety Five dollars($ 88,895.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: Americ n M o�rists Insurance Company as Surety By: V By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON L�j f 16 BEFORE ME, C�e. iz, ��.�✓ A N041 YY PUBLIC IN AND FOR SAID STAT ,PERSONALLY APP,,EARED�I��_ AND PERSONALLY KNOWN TO ME( CE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES 'MY HD SIGNATURE J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EX PI s _ ROBERTA M.KERN STATE OF CALIFORNIA ) commLSSM#977541 = p Nd°ry Pud'c C°Gl—is 1 SS T A ORANGE COUNTY C l y i my Comnmsm Eayro° COUNTY OF ORANGE ) NavonDi`e.1°96 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 '8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 422 00 PLC, , a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: �/�%ISM SHE L �14Bs Title: Name: .9 Title: �" "c��c /cam By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member _ � l By: Name: Title: " e S Name: Title: c.-e et2 µ _r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �y����lJc=t..�`,c�`..c<-''.c�.c�.c�`:c�'.,c>cJc;c.c-�';cr�G-�.,�r•:�S�..ctcrc-,"Y-.c-c>,cG.er-� ,rl>- ,c=-t.c-Y`c(>.eS'.cO,c���`��%G���i�`.�,c-:l.c-cS�„Q,�� f State of CAUF02tyIA County of A(\36� On , 1( _AQ l al ) 99(p before me,YYIA 2iA�Ain �I�Tc t= A211 �( ACJ , Date r Name and Title of Officer(e.g.,-Ja a Doe,Nota I u -) personally appeared —r_)0(1� Yl�. S0.-t��� 0.110I,_---Tj Q.0 a 20.1 a+mfr,_ ?� Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that 1 /they executed the same in Ir/their authorized capacity(ies), and that by hisfiwVtheir signature(s) on the instrument the person(s), `S r MARMAINARIMONE or the entity upon behalf of which the person(s) acted, r� rrhS' comm*ton#IM8159 executed the instrument. NotoryPubAo—Co fomlo orwgeepkeouab► ITNESS m hand and official se I- -- MY Comm.E�aea Feb 19.2t)QO y Signature of o a '7 hh OPTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document. 2 Description of Attached Document rS c: r: . Title or Type of Document: Document Date: Number of Pages: T Signer(s) Other Than Named Above: Capacity(ies) Claimed by.Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Ttle(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General �i Attorney-in-Fact Attorney-in-Fact Z( Trustee Trustee (S ❑ Guardian or Conservator . ❑ Guardian or Conservator (:. ❑ Other: Top of thumb here E. Other: Top of thumb here Signer Is Representing: Signer Is.Representing: r^cc�ci^e2�=i^ Zsc_z-'1--� _IC-z>�c<�t`�z'�i��c�sct>c� 0 1995 National Notary Association•8236 Remmel Ave.,P.O.Box 7164•Canoga Park,CA 91309.7164 Prod.No.5907 Reorder.Can Toll-Free 1.800-876-M7 CAU- BIB . 171LL:::P:E�I Pt]S�'��KN -.111Vl ...1V�..........................................................................................:.:..:::::::::.::::........................... .................[ .::::::.:::.::.:.::::::.......................................................:............................................................................................. .. State of California County of Los Angeles On �1 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon P'bc.F.'-d- °'E''F''4•G'�'C"0:•::C000OGG`iCOG^'_<K'C behalf of which the person(s) acted, executed the -. - IM11E;_ENJEZ instrument. ry.19°5o WITNESS my and nd official seal. p(lpgnoq;nnnbPPf-A P:fC4f:RC C�0o0ol+DOoo00o0 1\ -,7x (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ■ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakj%,esceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal.and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance. Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 311 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 231 19" at Long Grove, Illinois, a true bnd accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds.and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and . held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of. the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY f 1 ` w• � l�.a e/�"RT W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice President (OVER.) BOND NO3SM 887 422 00 PREMIUM $1422.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15082 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cgmpany as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Ninet sum of One Hundred Seventy Seven Thousand Seven Hundredollars(1 177,790.00 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on Mnj' 9/rh 19 q6_. PLC, A California General Partner*Principal By See attached signature block By I Ameri4an M toYists Insurance Co. as Surety By �"fl/ Willi / upper-Attorney In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON L / fie ,BEFORE ME, A NOT AY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED LGIA,laj AND ���� �7�+,cA, ) ./, i a—) PERSONALLY KNOWN TO ME(OR—RO €D404 nE UZIE-RASIS-OF-aAT�—��{�gE-NGE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS Y D SIGNATURE b �� -L �� � e-�� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ,z COUNTY (NAME PRINTED) MY COMMISSION EXPIRES r:• � ROBERTA M.KERN COMMi8Sim N977541 I 0 "ary VGA oa"-in 0=COUNTY G STATE OF CALIFORNIA lase im Navampar e, SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 422 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: i a zvm Title: ICSl e2 By: Name: 7�S ool� cr-C.Gi s Title: SeCCCL�G � By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: / Name: Q Title: Ui G By: Name: BtGSa- !2 Title: Ass e• gpmee to .��•: fief rj io- y�3 Zu CAAFfl:RIE1I =1�iII L=PE��tA:t3�l`:A�K�1if311V �ty1V�E)tl...........................................................:.:.:.::::::::::::;:::...::...:::::.:..:.::::::::::.................... State of California County of Los Angeles On before me, A. `ielendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon - r-I'`• ?�' , L: G behalf of which the person(s) acted, executed the _ , . A p ( ) ,NI, s instrument. A __! 2 "` °"" WITNESS my hand and official seal. ( IG ATUR OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ------------------------ ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ■ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E N T ITY(I E S) -------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •'.cal ( Yj� } C)I C t State of l�hl�1F02r�1A County of ' ' On t1 a I? lc;?, ) 99(p before me,1'Y1A P6A1 Ain1Q Ri&rrQA)E A)g A2 U n(,1 Hic, , fi Date Name and Title of Officer(e.g.,'Ja a Doe.Nota u 1 ') r 7 personally appeared l(lt 4'1Wn�, Name(s)of Signer(s) , personally known to me— to be the person(s) whose name(s)*/are subscribed to the within instrument ?� and acknowledged to me that isle/they executed the same in lilaer/their authorized capacity(ies), and that by hh tT/their signature(s)on the instrument the person(s), r' MARWAINARINTONE or the entity upon behalf of which the person(s) acted, z Commfton i 1088159 executed the instrument. -e Notary Pubic—Callfomla - My COMM EEC tr SFab t9.2000 ESS my hand and official seal. `S $ignatur ry ubli ' AI ��. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: r Signer(s) Other Than Named Above: -� Capacity(ies) Claimed by Signer(s) h Signer's Name: Signer's Name: Individual ❑ Individual Corporate Officer Ell Corporate Officer Title(s): Title(s): ED Partner—❑ Limited ❑ General E Partner—❑ Limited ❑ General Attorney-in-Fact Attorney-in-Fact z� 11 Trustee Trustee ( ❑ Guardian or Conservator . 12 111 IM: ❑ Guardian or Conservator l: i� Other: Top o1 thumb here LE Other. Top of thumb here P. Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Renvnet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Can Ton-Free 1-800.876-W7 BOND NO. 3SM 887 419 00 PREMIUM 100.00 2 Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15083 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC. A California General Partnership (Subdivider) as principal,2:1d American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Seven Thousand Five Hundred $ 7,500.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May ,19 96 PLC, A California General Partnership as Principal By: See attached signature block By: / I Americ Moto sts Insurance Company as Surety By: r Wii iam;' Shupper-Attorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) QON BEFORE ME, > J A NOTAR PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(0 ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY D SIGNATURE I _cr G e��, /j!a.,,,J MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN -AL,_ COUNTY W- ;17. kr-2 Al (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN n COMMISSION 9977541 :2 r p Nasq Public Cdl.ia ORANGE COUNTY C Ny COmmiowon Expires STATE OF CALIFORNIA ) Novoffb«e,Icse ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 9092 8092 MONUMENT BOND BOND NO. 3SM 887 419 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: QU. ". Name: Zi' 0, C 4Jcx Title: omits! i2ee--Zle By: Name: 'C v C/C° rb 5 Title: cr cL`a.r'K _ By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member i By: Name: Gt iz Title: By: --, -r-., Name: Title: .5'eGrc' 'C a�F�� tto'y1ze9- V� lti By ' " CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �����-yY`�,�`,c�.c=c>.rc.cr.,c�r.,c=c.,c:�.,c�"crcr,�:c,�=c�,�.r..�r.,�=:r,�=c,�rcr,�-c�,icecc>,c:c,�rcr.c-r..�.ccaco,�r•,�ryr,Lr•,�.r.,cc•.crc-r•.cr,�r.�-,�r.,�r; p State of CAU F02 rQ A . County of On a, qq(o before me,YY)A2iAlAinl �n7Tc � >LkTiA2J�1 �71A—l.lC, , Date Name and Title of Officer(e.g..'Jae Doe,Nota u I -) r personally appeared �(1C).�1G..r�� � S0.-t�-�2 0f\&__1JU1L-QX)0`... 20 i n+DCS— , Names)of Signer(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that tie/they executed the same in ter/their authorized capacity(ies), and that by hisfiw/their signature(s)on the instrument the person(s), MARIAIAINARINTONE or the entity upon behalf of which the person(s) acted, z� Comn*doni1088159 executed the instrument. -� Notary Public—Calfornla My Corgi E*83Febun 19.2MO TNESS my hand and Off ' 1"seal. Signature o Pub •^� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. h S Description of Attached Document h .t Title or Type of Document: r� r. Document Date: Number of Pages: Signer(s) Other Than Named Above: S Capacity(ies) Claimed by Signer(s) � Signer's Name: Signer's Name: C Individual 0 Individual O Corporate Officer ❑ Corporate Officer ?� Title(s): Title(s): ?� 0 Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact Attorney-in-Fact i Trustee Trustee VIM r ❑ Guardian or Conservator . ❑ Guardian or Conservator . `- Z; ❑ Other: Top of thumb here 0 Other: Top of thumb here hh Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Call Toa•Free 1-800.878.8827 :..:...::::.::.. :,..:..::.::.:.: . :.......::::::.:::.........::: 1 U t3R)tii€ a ..URPOSP A� i£3�V>I. ::..R� ::.:::::.......: ..:.:::: State of California County of Los Angeles On M41Y i. 4 "QQ'k before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon �E'L`NDELL = behalf of which the person(s) acted, executed the cs instrument. 2 2 WITNESS my hand and official seal. 1 SI N TURE OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) -------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MU AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning. with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertakaj,,e ceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 19" at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO.3SM 887 420 00 PREMIUM with Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15083 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Fif ty Six Thousand One Hundred Forty dollars($ 56,140.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit-is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a.right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 LABOR AND MATERIAL BOND BOND NO. 3SM 887 420 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: -57Drltt R C 060� Title: By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member . By: Name: afe Title: a i By. Name: Title: s /at J CitS� Attorney Attorney. affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: American gotori 4 tj Insurance Company as Surety By: i By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON i sfc BEFORE A NO ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND ii N�.L—Yic= PERSONALLY KNOWN TO ME(0 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES CWHAN,SIGNATU .t � MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSIORF�( ��d'-F6 ROBERTA M. KERN OCAWIS8roN 0977541 STATE OF CALIFORNIA ) _ ; y V Ho,. huc Ca,;,am. ORANGE COUNTYCOUNTY OF ORANGE ) �' Nwmft"G.1M ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090, AUFQRtEALL.PE3RPt3S�: ►C1431fVL R ...:................:.............. State of California County of Los Angeles On 4 'AYE) before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shup2per NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon Of^OC=COOOGCtiGC':'::cvJ•�JOOi"JOi:000u00000 behalf of which the person(s) acted, executed the :CIF! C; o cc u c,�7�!o instrument. 'r R 7 WITNESS hand and official�'I I i. Q) �� e 1 (SIGNATURE-OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NT ITY(I E S) --------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � �r- - - - �-�.,�,c--r�.,c��crcar,�.,c:<..cr.,cr•.cr-.ccc-.rcry_`,c—.r.,c--:c,crc,rcrcccrc=rc-:ocrc=<>_wry-r^-�r-,c�'.�".�-c�.�r,�=c.,�,�.,Qy� t State of CAUF02r j A County of (�k A P36 I On,��l(.l�'lQ Ia, � q9�o before me,YY)A2iQ1Ain16RL ran xr►A2�u hit lic, I Date Name and Title of Officer(a.g.,'Jae Doe.Nota u I -) 7 personally appeared P())4f\_ ?�I Name(s)of Signer(s) personally known to me— to be the person(s) ?� whose name(s)*/are subscribed to the within instrument ' and acknowledged to me that /they executed the same in her/their authorized capacity(ies), and that by lT/their signature(s) on the instrument the person(s), :S MARIALAINARINTONE or the entity upon behalf of which the person(s) acted, -- Commbdon 0 o executed the instrument. S ? mb Oronge County MyConmEn*w Feb 19=0 WITNESS my hand and official seal. (� Signature 7 h OPTIONAL ?h; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh; fraudulent removal and reattachment of this form to another document. a X, Description of Attached Document Title or Type of Document: i 'S Document Date: Number of Pages: T'> Signer(s) Other Than Named Above: _ > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General D Attorney-in-Fact ❑ Attorney-in-Fact Trustee u Trustee Guardian or Conservator ❑ Guardian or Conservator 0 Other: Top of thumb here ❑ Other: Top o1 thumb here Signer Is Representing: Signer Is Representing: 1�^eG 3ci>Ci> Z> t'�Z>ez z> Ltie In 112_-sc-Cx> iici c<e< i> c<c< t7cGet ersc<c c� i c< >r-t>r�> i>r�t;ci 0 1995 National Notary Association•8236 Remmel Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder.Can Toll-free 1-800-878.8827 narauL AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, cheek, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly celled and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY h-�T- W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER.) BOND NO. 3SM 887 420 00 PREMIUM Q89R_nn 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 .and identified-as project 15083 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance 29mpany as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of One Hundred Twelve Thousand Two Hundred Eighty dollars($ 112,280.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on Mn3, ,A,.,, PLC, A California General Partner*Princlpal By see attached signature block By Ameri an M�dorists Insurance Co. as Surety 1 By Willi i slupper-Attorney In Fact By 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON L ?, i S 9( BEFORE ME, �/ "7rz)lt L. .—) A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED, a CeGC« �o.A AND l�_�,�� ,s (.�� . 'cl,G� PERSONALLY KNOWN TO ME(OR PROVED TO ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES M7HAA Cat ��Qti� MY PRINCIPAL PLACE F BUSINESS SIGNATU L CE 0 US IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN COMMISSION 8977541 �-=i Naaryry imfa Celllomu w Comma m Expiry STATE OF CALIFORNIA ) s ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 420 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: � Name: 'ZWat.o/ Title: 01 y9-eS;&:e4M&" By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: , Name: 7-evz a a j022 Title: W 'c e e Name: ,i es at of Title: V�71, ti CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALL F02 tj IA County of 12 A(\36 On 1 ,3, )q9(, before me, AIAid 1`219fA)E AXnES l.tn hl bl'i(, , , h Date Name and Title of Officer(e.g.,'Jae Doe.Nota u I r: 1 personally appeared :n(ll). ')CLO M S0.-tr c c1j-\oL��kna— PO'i rt+Dr\_ Name(s)of Signer(s) gpersonally known to me- to be the person(s) whose name(s)*/are subscribed to the within instrument ?� and acknowledged to me that tie/they executed the same in her/their authorized capacity(ies),and that by timtwiltheir signature(s)on the instrument the person(s), fi. MARIALAINARIHiONE or the entity upon behalf of which the person(s) acted, z ConvNsalot1 01 088159 executed the instrument. -� Notary PdWo—C�fomb Orange County MYCotmn.WOO Feb 19=0 WITNESS my hand and off icial-seal:-- fi <" Signature of Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document. Description of Attached Document ?� ,l Title or Type of Document: 2S Document Date: Number of Pages: Signer(s) Other Than Named Above: �> Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): =r Partner—G Limited ❑ General i! Partner—❑ Limited ❑ General D Attorney-in-Fact Attorney-in-Fact c` C Trustee ❑ Trustee S (S 00 El Guardian or Conservator . `- ❑ Guardian or Conservator . `- ❑ Other: Top o1 thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: > �ct>1czttz�cz>czzcz>eit�ezz�c�Fci>c�^c� >ri cc>ci ci et ec e� c cis ci> >cc c, >ci> t>cia�. 0 1995 National Notary Association•8236 Rem net Ave..P.O.Box 7184•Canoga Perk,CA 91309.7184 Prod.No.5907 Reorder Can Toll-free 1-800-878$827 �PAIJFQo .> 3P P : : : State of California County of Los Angeles On 4 19 96 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shugper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the erne•cc ;rcoccnoocc00000000000000000°0 1. MELENDEZ ° c. Instrument the person(s), or the entity upon G �? rrr,,gpf1 77910 R behalf of which the person(s) acted, executed the s =_ _ _ -L C-C .., 'a; s instrument. =..=5' 2 . __ _. . _ •'9.'.cy9 0 c 0 ot:.vr,:::ocuu00000000000 WITNESS my hany and offici eal. n (SIGNATURE OF N TA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND NO.3SM 887 417 00 PREMIUM ears MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15084 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC. A California General Partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of three Thousand Seven Hundred Fifty $ 3,750.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24 th day of May .19 96 PLC, A California General Partnership as Principal By: See attached signature block By: American Motp, ists Insurance Company as Surety By: 1/ 2 i Willia ./Shupper—Attorney In Fact By: MONUMENT BOND BOND NO. 3SM 887 417 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: -;<� A, �'Q. Name: a QC 41,clu e�Y 2 wa.c✓_ Title: S i A�e2t` By: Name: Title: ecee y By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: • .1 Title: 5 f . By: Name: GA- i t1 Title: APPROVED AS TO FOR!,!: GAIL I'_ TTO?4, City Attorney, By: Deputy City Attorney, :.. :.-_:.:..�..::::::.;'. ii;!.:!:i:::::i::::ii::::::i:::::i! i::::i:::Yj}ji::::::ii::i::: .:::::::....::::::::::i:::::::::::: :::::::::::::::: ... .: :::::i::ii:: �A >r{3R3dtA:A► ]I_<PUKPt]SE.AGt i INL I....> tEN?....... :::::::::::::..::::::::. .:.::::::. .:: . State of California County of Los Angeles On before me, A. Nlelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupj2er NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the UG,.::G_-. :•:=v:•—.....--,_.:::U :JCCciu000C:iG 00 ;, ELE � tZ instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the _F-DRNIA S instrument. r_ 9 cr 19.'9y9 0 _ c WITNESS y hand nd official sea . (SIG A`!`URff OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ---------------------------------- ❑ PARTNERS) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) ---------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) 0 N 7, /fs(- BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED�y .J AND PERSONALLY KNOWN TO ME(0 1BENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES�MY(HA SIGNATURE a����° 1 /���� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN �COUNTY -00 LYt 1�J p-i. Ku-re,N (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M.KERN CommissaN ft977541 t Naery P�@lic Catifomla 3 3 w�N �S Naa�bor e.+Qmmum�es« STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �('- - - - - - - - _ - - - - - _ �'.,c:Cx=<>.��C`,crc:�`.ct•,c:G�s�.c�>.C�'�`.C;`�����.�>,c--rc=r'- •y, State of CAU F02 NIA County of R A IU6� On &) qq(o beforem le,YY)A21AIAIMjg c C.Akllo2 1n �'1l c, , Date Name and Title of Officer(e.g.,'Jae Doe,Nota u I ') personally appeared (ln 'lG h Name(s)of Signer(s) personally known to me— to be the person(s) whose name(s)is/are subscribed to the within instrument ?� 'and acknowledged to me that /they executed the A,h same in l r/their authorized capacity(ies), and that by rl hi T/their signature(s)on the instrument the person(s), `S or the entity upon behalf of which the person(s) acted, �IM8RINT159 executed the instrument. .� Notary Alft—CaUomla rh5 OrangeCounfy WITNESS my hand and offici My Comm.EVIres Feb 19.2000 r Signature o P c 7 h OPTIONAL r' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent S ?: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual J Individual Corporate Officer Ej Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General Partner—❑ Limited ❑ General Attorney-in-Fact Attorney-in-Fact Trustee Trustee Guardian or Conservator ❑ Guardian or Conservator - VINJ Other: Top of thumb here ❑ Other: Top of thumb here ] I Signer Is Representing: Signer Is Representing: hh I ts�Z�2>CZ C2:rI an=.� ii <�Z�Z' Z C'�Z> s�is�isCXs i?�is�ts�t CZ' ^�i c.Zi �i C�JeZ��i>�i>�t s�=<`C-Ci,* 0 1995 National Notary Association•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Can Tots-Free 1-800-878-8827 4 rwnm nrua= ®amcm AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******* its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,egceeds FIVE MILLION DOLLARS ($5,000,'000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 7 u auas S curls+ W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3SM 887 418 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ;and identified as project 15084 is hereby referred to and made apart hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Fort-x Qne Thousand Four Hundred Forty Five dollars($ 41,445.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 LABOR AND MATERIAL BOND BOND NO. 3SM 887 418 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: _ A", - Name: C . Title: By: Name: IQ3. U Ll Title: ?21 By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Title: A rec.-, By: j t.P i24 A S-k--� Name: - S Title: City G.: `1''i'Old _kt=torney. BY ........ Af_I {2R # >r 1 L-F... Pt ...E: 1...1 1ifJ1t I ::::::::.......... ::::::::::: ::::::: ............ ...........: :::::::::: :..:............. ........................................ ................. ................... ..................... ......... ......... ..... .... ...... ........ ... . .................... .. State of California County of Los Angeles OnMAY ;G before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shupe NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon __. ,r.`I y behalf of which the person(s) acted, executed the S `�` y✓ `� instrument. 2 S a - 2 -..000ccocuc.00conceo0 WITNESS my hand and official s al. QA , ya� 1 (SIGNATURE OF NOTARYV OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(I ES) --------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal By: See attached signature block By: America M t rists Insurance Company ,as Surety By: Ai I By: T'17* STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME-- c.i.J A NOT-WRY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED , GI u AND 8 -,mac PERSONALLY KNOWN TOME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HA D SIGNATURE ) c -E t,—"h- MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY /St121+ 1'h • tic--?1"j (NAME PRINTED) km=^ o z z=n- commssoN#977541 S sNwWane ary STATE OF CALIFORNIA ORuNa COUNTY c 4f Commission Expires ) $$ Nwsmoa s.,ass COUNTY OF ORANGE_. ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS 1S NOTARY PUBLIC IN AND FOR SAID STATE IN. COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090, CALWORN1A ALL-PURPOSE ACKNOWLEDGMENT r`������-'_��S_'__`(-;c-S'LY.c�(`.cl"Z=:I�ti��'�_"�`:`C`'`C.C�`:.�`=`�'G,�'"C_`�'.G!�.Cl`.cl`.c;IJC<�S�C�'���=K`,�.GKSG(`=`G'.�!•'.�lS�,Q'y, r{ State of CAU P0(Z rQ lA County of f2 t4 K)6 On ►t.l�'l4 o-?� before me,YY)A6AlAiN�1n�T���C Date Name and Title of Officer(e.g.,'Ja a Doe,Nota u 1 -) personally appeared :)1nm;�Wo YY1 S0.�t�2 QnoL� JI Q r�0�. pb n-�'t71� Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)*/are subscribed to the within instrument ?� and acknowledged to me that+ /they executed the same in it/their authorized capacity(ies), and that by ` hhI T/their signature(s)on the instrument the person(s), MARIALAINARINTONE or the entity upon behalf of which the person(s) acted, r; CornmWon#1088159 executed the instrument. -e Notary Puble—Catlfornla Orange County MY COMM EVIreS Feb l9.200D WITNESS my hand and offici -seal. -- - - C' Sign re ol-Notary Public > hh PTIONAL r? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent �! fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited C General Attorney-in-Fact Attorney-in-Fact Trustee Trustee Guardian or Conservator ❑ Guardian or Conservator "-- I_1 Other: Top of thumb here Other: Top of thumb here ti hh > r: Signer Is Representing: Signer Is Representing: :Ci>Ci 0 1995 National Notary Association•8236 Rommel Ave..P.O.Box 7184•Canoga Park,CA 91309.7164 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 nm� nzu.M msrmRm AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and dead: Any and all bonds and undertakings provided the amount of no one bond or undertaking,exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each.such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Yl� OiIY i V �� W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) BOND NO. 3sM 887 418 oo + PREMIUM $663.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified-as project 15084 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cqmpany as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of Eighty Two Thousand Eight Hundred Ninety dollars($ 82,890.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. t The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on - Mal, 9/rh PLC, A California General PartnerWprincipal By See attached signature block By i Ameri an M totists Insurance Co. as Surety B 1 , it ilim �. hupper-Attorney In Fact By " 2 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON �'-- �. /Fh- BEFORE ME, �c�C�.t.C,1• A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 4'-4, e/ AND �_ ti�� ) � PERSONALLY KNOWN TO ME( E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M D SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY �Cr�l( c—YZ vil I eL(fit/ (NAME PRINTED) MY COMMISSION EXPIRES &-a" y4 ROBERTA M.KERN COmmissm 8977541 G• A�•. Naarl PAIc Ce�nomu z _ � GE COUNTY G MP Connioeion EparN Novmrbx B.IM STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 3 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 418 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: , &iAt� Name: i aC 6 dcc e '�Lcc�c� Title: tesi de2t By: Name: C 's e o er4 i-,61>5 b Title: e By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation managing member By: Name: 0 e Title: �' e% 'e' By: C [L F�-� -�- Name: I f btvL'Eoh Title: fhSSf °�t'�4-�lsr�L ! ,1 n 'pc' 1 'r rne9, _1 -ity �ZtorneY. AUFORN .tLt,:.P 3� Pt3:::EAR.:::KN.:::::::::::::::::::::::::::::::::::::::::::..::::::::::.:::::::::::.::.::::::::::::::.::::::::::::::::::::::::::::::...:::.::::::.::.:......:.:.................... .........:.. State of California County of Los Angeles On M[NY ) Z " t;t; before me, A. Nlelendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William-I. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon cCt U`L U::G".OGLO;000vGGODUVUCJ0000000 behalf of which the person(s) acted, executed the A. MELEN FEZ 0 instrument. - - COW 41077910 R WITNESS my hand Ind official s I. - u ` _L; ,-..uOf.COJJGvu JCi0000 - (SIGNA Rt OF NOTAR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) -------------------------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I ES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �K�..i�Y+.c(>.c�.-_'�^�-t+�--c+,�cx=-r.,c=-P,r=�t"cK.,c'c.,c�c..�=K',c K`,c-r.,c(`.cl.c�>,c-r..cK`�'-.�l>�.cK>,c—:G.c:l`.€�C',ct�l`.r:C.�.�.��_.-.c�<•"�y.�l�l2cK�.c�.,c-c..c-�c.,c�.�Y� State of �t-1L.1 F02 r�l A I County of r k A n6 e- On .ol(.l�'lQ o-?, q9(, before me,YAA6A1AirJ19RJNTn&)E,A-)_ 'A( �'J( ic, Date Name and Title of Officer(e.g..'Jahe Doe.Nota-- fcu I -) r 7 personally appeared :Tan(l4h 0 M nd`_1, Q,00, . 00 i AM\_ ,h Name(s)of Signer(s) r: 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that iveialiiiielfthey executed the same in his&er/their authorized capacity(ies), and that by tT/their signature(s)on the instrument the person(s), ' h MARMANARNTONEor the entity upon behalf of which the person(s) acted, r� rh; Comrrdssl0111#1086159 executed the instrument. Notary Pubic—Ccgomb MVCon=Bq*w�10�20D0 + ITNESS my hand and official seal. Signature of blic `1 7 h OPTIONAL Z? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ;S hh. Document Date: Number of Pages: r5 Signer(s) Other Than Named Above: r' _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual El Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact El Trustee E Trustee r� ,(! ❑ Guardian or Conservator . `- ❑ Guardian or Conservator . '- <'• 0 Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1.800.878.8827 BOND NO. 3SM 887 504 00 PREMIUM $ioo.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 15086 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC. A California General PartnershiR (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Six Thousand Seven Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred Fif ty $ 6.7 5 o.oo in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 24th day of May .19 96 PLC, A California General Partnership as Principal By: See attached signature block By: Americ Motorists Insurance Company as Surety By: - i ) Wi is J Shupper-Attorney In Fact By: MONUMENT BOND BOND NO. 3SM 887 504 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: \ Q •� �. Name: i QOC G�cc G��.ucxai Title: By: Name: C -is o e� G�6bs Title: -5el-7 e f a By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Title: S By: 'No P t Name: Tjlereu. Title: SyPyeFarV 0.ttorneS: ]`F:Ej ';; t±KIE3i1{iti ? ,,,.E > > >>=`">< `` > > >> >>> >< '<> > >> >> >> ' »< < 1E.1FflRtgi€1 .:. ....:: ......Pt]SE ::::::::..:::::::::::..::.:.:1 ::.N.: State of California County of Los Angeles On :nr.e before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupger NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the . instrument the person(s), or the entity upon �a.EL=�IrE7 R #1077�10 A behalf of which the person(s) acted, executed the instrument. L E S Q WITNESS my hand and official,aeal. �SitNAfUR OF KdTARYb OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ---------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:_ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E NTITY(I E S) --------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND ,ti-t,ii.,? 4a4,s PERSONALLY KNOWN TO ME( ATiSFACTORY-EMDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED.THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY ND ) SIGNATURE -(����� k&-t✓ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN r - COUNTY (NAME PRINTED) MY COMMISSION EXPIRES LeROBERR A M.KERNCOMMGsON#977541Wary Pubic Celilomis ORANGE COUNTYCommission ETYSTATE OF CALIFORNIA B ��vr+vY ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES CALIFQRNIA ALL-PURPOSE ACKNOWLEDGMENT �y�- - - - - - - - - - - ,�-rcr.,cr•.cs����.cr.,�r..c=:c�-arc-c,c;rc-ocrc-�.c��.�e�,r..�r•,r=c.������-r.����,y� 1� State of CAUP02tyiA County of A n6 O � (. l q9 before , j011 l ic, , Date Name and Title of Officer(e.g.."Jafie Doe,Nola u I -) r 7 personally appeared :(1f7.;'}'1CLk) Yl'1. S0.-F�2 ajt _ P i r Name(s)of Signer(s) I personally known to me- to be the person(s) ' whose name(s)is/are subscribed to the within instrument and acknowledged to me that irorisk€/they executed the same in fir/their authorized capacity(ies), and that by ter/their signature(s)on the instrument the person(s), rhS MAMALAINARlMONE or the entity upon behalf of which the person(s) acted, S r: ConvrMmO1068159 executed the instrument. }� -w Notary puwa—CcRornb Ownge MYCOnm �19�2MO r WITNESS my hand and official seal. Signature of Notary 11bh � `7 hh OPTIONAL Zh? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh: fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: T> Signer(s) Other Than Named Above: > Capacity(ies) Claimed by Signer(s) � l Signer's Name: Signer's Name: : Individual ❑ Individual 0 Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General G Partner—❑ Limited ❑ General Attorney-in-Fact Attorney-in-Fact I Trustee El Trustee (. ❑ Guardian or Conservator . `- ' ❑ Guardian or Conservator (" ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmel Ave..P.O.BoK 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Can Toll-Free 1.800-878.8827 AMERICAN MOTORISTS INSURANCE COMPANY MAE-E Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking,e$-eeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is,hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and -filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER.) BOND NO. 3sM 887 416 00 PREMIUM With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project 15086 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Fifty Two Thousand Three Hundred Forty dollars($ 52,340.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner t • affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on May 24th 19 96 PLC, A California General Partnership as Principal See attached signature block By: By: America oto ists Insurance Company as Surety By: 1UPPUL *ttuL"Cy fit Fact � i By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 7 I f f l BEFORE ME C�L np�a. mot,C"C A O ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED �. !� LJ AND �- PERSONALLY KNOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES�MYIHAN SIGNATURE e+�- - '— MY PRINCIPAL PLACE OF BUSINESS IS NOT RY PUBLIC IN AND FOR SAID STATE IN COUNTY IC (NAME PRINTED) 17 11,111111111MION EXPIRES 11-i- ROBERTA M.KERN STATE OF CALIFORNIA ) n 0mm'SSON 9977541 s Navy Pwic Califomie SS = ORANGE COUNTY p µY Co"...E.pir" ' COUNTY OF ORANGE ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090 LABOR AND MATERIAL BOND BOND NO. 3SM 887 416 00 I PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: N s Ai �lgQs Title: By: Name: Title: By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: o Title: ( By: _ �AL ffA Name: PrP_Sa, TD)V*)n. Title: F�s4f. CI�PILr�I �Y�I ii�s 1Y1 Cj.'ty '" t0 B9 �r_ I AUFIJRtI€11EALL_Pt3. PtSACItiE3OGi�t.... 1........................................................................................ :............. ...................... State of California County of Los Angeles On Al 4 i'09 �� b before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shugper NAME OF SIGNER ■Personally known tome - OR - 0 proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon Ct;p.;rcc -rc,^crC�<< � -<<- =,�°°°'""•°"°C behalf of which the person(s) acted, executed the 79 1 n R instrument. _ - --- 2 '-- WITNESS my hand nd official %eal. ' _ 'i°GGC AGO°J:7JJJ]J)J 1 S GNA 7\UR'E OF NO AR OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BON_ D(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � ����.f`�`.c=r�.as`�n�^�--(`,.cal,.cY"c^!`.cY'�S'.cK•`.c(-.c'�>,c�-`.e<>:c�`.c�(Sc�'.cC`.ct)c-!`,r-cSelSc=!'.c=!`.cf`.c=�!`.cK,c=c.c�c��CSG(�,!`.c=�t`.c�t`,c�(,�- y-, I State of l�f i�1 F02 NtA County of k A N6E- On��.lj'lQ Io-? � 99(o before me,W A 06P I Aii,06 �1TTr t^.A A2Un hl�Ll,lC, , Date Name and Title of Officer(e.g..'Jafie Doe.Nota u I ') personally appeared 1ppn4',,Wo M. Name(s)of Signer(s) personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that ts0►e/they executed the A same in hisiber/their authorized capacity(ies), and that by tNtheir signature(s) on the instrument the person(s), rh5 MARWAINAWTONE or the entity upon behalf of which the person(s) acted, zS r' corry"M01068159 executed the instrument. -i Notc ry Pubic—WHOMl0 owgaeourdy My Comm EVkw Feb 19.2tn0 NESS my hand and official seal. Siq ure of Nota hh OPTIONAL rh? Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent rh; fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: rS Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r Signer's Name: Signer's Name: : ❑ Individual E) Individual ❑ Corporate Officer Cl Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General F-- Partner—❑ Limited ❑ General iJ Attorney-in-Fact J Attorney-in-Fact z� C Trustee TrusteeME (S. ❑ Guardian or Conservator . - ❑ Guardian or Conservator C ❑ Other: Top of thumb here E3 Other: Top of thumb here h Signer Is Representing: Signer Is Representing: ^ci` ezi> tsc ztict> z�ett �ct>c<ezc� > iisc<?�t c<c��cie<cZ> isct ci>c<�i> c��i>�i> Zi>o'a 0 1995 National Notary Association•8236 Renknet Ave..P.O.Box 7164•Canoga Perk,CA 91309-7184 Prod.No.5907 Reorder:Can Toff-Free 1-800-878.8827 BOND NO. 3sM 887 416 00 ,F PREMIUM 835.00 2 Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified-as project 190A6 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terns of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cqmpany as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of One Hundred Four Thousand Three Hundred Eight dollars($ 104,380.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,ocr heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well.and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on - M,j, ?hf-b 19 06 . PLC, A California General PartnerWiRrincipal By See attached signature block By Ameri an (torists Insurance Co. as Surety By f William J upper—Attorney In Fact By 2 FAITHFUL PERFORMANCE BOND BOND NO. 3SM 887 416 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: � Name: cv aL Title: Pre�i erz By: Name: 0�J 77-s i� oP6 el- Gr,G s Title: -5 ecee-e �N By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: e Title: VICSr S By: Name: G Title: AS TO �QT i1i Ap^_. pttorne9•. C i.ty Y j'tt0z' A , AE.i [3R'htll'<A .L,-PL!.tP.... A► K1 L...:....I 1 E `.:.::::::::::::::::.:.:::. :::.::::.:.......:.:::::::.:::: ..... ......::::.:::.:::....:::::::::.:..:.:...::.::: State of California County of Los Angeles On MAY Z 4 `'" before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the _^ non�000c00000 instrument. F-Z o s WITNESS my and and official se s IbN 1JR OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E N TITY(I ES) -------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,r�„�.,�;��^,�=c��.r�,;cr.�=-c�---c.,c—,r.,cr..c�.�r��•,cr•.c-c�--r..�r.,c=r.�,cr,�r,�:ccrro- ,�.r.,c=rcr..c-�:ccc:rcccr�r�,.cr.,�rc--.rcr,�=-r..�-r..�r�y� XState of �U F02 ry IA County-of On -: )aAQ � o-?, ) qq(o before me,YY)A21A1AiAj6Rj 1`11K A)SM2Sa ,0 �'JI ) .C, , Date PP Name and Title of Officer(e.g.,'Jae Doe,Nota u I ') r personally appeared :(1n � w,_� YY�, S0.Rt 9n0-- PO) D� Name(s)of Signer(s) 9personally known to me- to be the person(s) whose name(s)is/are subscribed to the within instrument ?� and acknowledged to me that i /they executed the same in hiWiter/their authorized capacity(ies), and that by histw/their signature(s) on the instrument the person(s), `S or the entity upon behalf of which the person(s) acted, 2� MARIALAINARINTONE executed the instrument. .s C��#1088159 Not CaHtomla h OrangeCfty TNESS my hand and official Z: My corrm We$Feb 19.2MO —- hh PT/ONAL rh: Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent Ih: fraudulent removal and reattachment of this form to.another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: s - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: . Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): EJ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General hEJ Attorney-in-Fact ❑ Attorney-in-Fact r: a Trustee Trustee (S ❑ Guardian or Conservator gF. VIM ❑ Guardian or Conservator . . !hh 0 Other: Top of Thumb here 0 Other: Top of thumb here Signer is Representing: Signer Is Representing: 0 1995 National Notary Association•8238 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7164 Prod.No.5907 Reorder.can Ton-Free 1-800-876.6827 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON / BEFORE ME(�;�. v�— A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED t� �if ct�(ytw I AND PERSONALLY KNOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY"RLC—L-- SIGNATURE 4-' -J MY PRINCII AL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES //--Y k. ROBERTA K KERN COMu+,ssM#977541 _ rM Comm wim Eapaa IbvapM i,IM STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ' 3 mama I, AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attomey(s)-in-fact, to make, execute, seal, and deliver during the period beginning with.the date of issuance of this power and ending December 31, 19971 unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertaking exceeds FIVE BILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SMALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 19" at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a nesting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees 1 designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 19" and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." ' In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its ' corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER.)