Loading...
HomeMy WebLinkAboutFinal Tract Map Nos. 15034, 15035, & 15036 - Lennar Homes - so RECEIVED BY: , • CITY CLERK,RECEIPT COPY Return bi1PLICATE to Jeffrey Hughes(ext.6260) (Name) ` after signing/dating O tr (Date) d CITY OF HUNTINGTON BEACH . -, , INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer P ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: Uo F SUBJECT: Bond Acceptance., i . s LEE N NA. I�,rn�s 4r— CAU�r4)A t.'• . i; I have received the bonds for r (Company Name) F Faithful Performance Bond No. f i Labor.and Material Bond No. E Monument Bond No. Maintenance Bond No. f Re: Tract No. �5a3 1 a CC No. MSC No.- f - Approved 8- 21 _C0 Agenda Item No. C— 3 pp (Council Appiova1 Date) g City CWk Vault No. g:/jah/bondletteridoc i L Obi DN -�Jqh Council/Agency Meeting Held: ' 2A --00 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ DI-f- City411s Signature Council Meeting Date: August 21, 2000 Department ID Number: PW 00-071 CITY OF HUNTINGTON BEACH a G+ "1 REQUEST FOR COUNCIL ACTION `= G"9 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator -4 PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works � SUBJECT: PROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15034 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Lennar Homes of California, Inc., the developer of Tract No. 15034, located on the south side of Summit Drive, east of Seapoint Avenue, is requesting their bonds and agreement be accepted by City Council. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15034; and, ' 2. Release Faithful Performance/Labor and Material No. 11133297967 and Monument Bond No. 11133297975 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept the Guarantee and Warranty Bond No. 11133297967; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action and the City Treasurer to notify the Surety, American Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. R%UEST FOR COUNCIL ACTIM MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PW 00-071 Analysis: On July 1, 1996, the City Council approved Final Map No. 15034 and accepted bonds from PLC Land Company, the securities furnished for faithful performance, labor and material and monuments. On Septmber 15, 1997, Lennar Homes of California, Inc., purchased Tract No. 15034 and substituted their bonds in place of PLC's. The developer, Lennar Homes of California, Inc., has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 11133297967 as security. Following is a list of project data: Subdivider: Lennar Homes of California, Inc., 24800 Chrisanta Drive, Mission Viejo, California 92691 Engineer: Walden &Associates, 18012 Cowan, Suite 210, Irvine, California 92714 Title Co.: First American Title Co., 114 E. 5t" Street, Santa Ana, California 92702 Surety: American Insurance Company, 777 San Marin Drive, Novato, CA 94998 Location: South side of Summit Drive, East of Seapoint Avenue Lots: 25 numbered lots, 4 lettered lots Acreage: 9.728 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). Attachment(s): City Clerk's • - Number, . Description 1 Location Map 2 Guarantee and Warranty Bond No. 11133297967 3 Acceptance of Public Improvement Forms RCA Author: T. Elliott Tract 15034 RCA Acceptance -2- 08/01/00 11:42 AM ATTACHMENT 1 DM 3L. W� a� SECTIONAL DISTRICT MAP 3-6-II .F... �..�.. CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ♦ ] ] ! DARFIELD ` AVENUE BUT Qr NC •y,_( Y Y C pl O q fc 8 P 1 5, ti L. 4 ...� u.UNTiNGTON c� .-F .:UNTRY .J.i9 GOLF ..OURS'_ rcwx°usr . rsrarl t°r' � ,,,gbbb,p•...•y-•p� ��� : xax to ! 8 ¢ � •"TS-•�ai '' � ''•. � FxF00 /, -•� ,'��� `1`.,\ +dam ��''� F io CP4'1r ATTACHMENT 2 BONONO. 111 3329 7967 PREMIUM Included in charge for performance bond GUARANTEE AND WARRANTY BOND WHEREAS, Lennar Homes of California , Incas aPincipal,and THE AMERICAN INSURANCE COM ANy a corporation organized under the laws of the State of N e b r a s k a and duly authorized to do business in the State of California,as Surety,are held and finely bound unto the . City of Huntington Beach,California,as Obligee,in the penal sum of Twenty Thousand Nine hundred Ninety ($20 , 990 . 00) representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,admbistrators,successors and assigns Jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated fo;work described as follows; Streets , sidewalk, .street trees , water and sewer systems_ Tract 15034 WHEREAS,said contract provides that the.Pdncpal vn11 fumish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obfigee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,cn June 13, 2000 Lennar Homes of California, THE AMERICAN INSURANCE COMPANY Inc . BY : ,.i By : Vice P r e s i d n t, David Evans Patricia Bre ner "Principal" Attorney—in—Fact "Surety" State of California County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME, TITLE OF OFFICER.E.G., 'JANE DOE. NOTARY PUBLIC- personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - M- ❑ to be the person(s) whose nameM is/ate subscribed to the within instrument and acknowledged to me that te/sheAbW executed the same in } /her/t +K authorized capacity(, K. R. VIODES COMM. 1019554 I and that byAii6/her/ti�signature M on the instrument the iY NOTARY r":pL:'..c .LlFo person(4, or the entity upon behalf of which the person*) ORAPNIGE COUNTY N acted, executed the instrument. �j MY C"-• •SSION EXPIRES NIAY 4. 13?3 t WITNESS my hand and official seal. 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 ❑CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONS ERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PE=SON(S) OR ENTITY(IES) GENERAL • • POWER OF ATTORNEY THE AMERICAN LNSURA.NCE CO3WA.NY KNONV ALL MEN BY THESE PRESENTS: That THE.4,MER1CAN INSURANCE COMPANY,a Corporation incorporated under the laws of:hc State of New Jersey on Fcbmary=D, 1846.and r edome5ticated to the State of Nebraska on June 1. 1990, and Saving its principal office in:he City of Omaha.State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint ---VICTORIA M. CAMPBELL--- IRVIV;. C its true and fawtu�Artorney(s)-in-Fact,with full power and authority hereby conferred in its non e,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,rmognizances or other wrinen obligations in the nature thereof -------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with ehe corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and contirrairg all that the said Attorncy(s)-ia-Fact may do is the prrmises. T.:is power of attorney is granted pursuant to Article VII.Sections 45 and 46 of By-laws of THE A.MERICAN INSURANCE COMPANY now in full force and of fee. "Amide VII.Appointment and Authority of Resident Secrersries,Attormeys4a-Fad and Agents to accept Legal Procrss and Mahe Apprnranaa. Section 45. Appointment. The Cbaitmaa of the Board of Directors, the President, any Vice-President or stay other persoa authorized by the Board of Directors, the Chairman of the Board of Directors, the President or may Vice-Presideot may, from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporadoa mad Agents to accept legal proecss and make appearaaces for and on behalf of the Corporadon. Sectioa 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact mod Agents shall be as prescribed in the in5tra +ent evidencing their appointment.Any such appointment and mil authority granted thereby may be revoked at may time by the Board of Directors or by any person empowered to matte such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE A,MFRlC.kN INSURANCE COMPANY at a meting duly called and held on the 31st day of July, 1984,and said Resolution has not been ascended or repealed: "RESOLVED, that the signature of any Via-Presideit, Assistant Serrary, and Resident Assistant Secretary of this Corporation, and dhc seal of this Corporation may be of fixed or printed on any power of attorney,on any r evocation of any power of attorney,or on any ceniticate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,and its corporate seal to be hereunto affixed this 'Sr- day of .lure 19 90 .; *''• THE AMERICAN INSURANCE COMP.4.NY By Via-?raid=t S TAi r O: CA.L.i:O?u:IA SS. COUNTY OF MAR1.N On this 1 sr day of T+ 19`L—,:,efore me personally c:me R. D. Farnsworth to me renown,who,being by me duly sworn,did depcse and say:that he is Via-President of THE A_MERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instntment;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Direcors of said Corporation and that he signed his name there o by like order. IN WITN'rSS WI-MREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above wrren. sett east to a+a Ftasu►tn u tt t cuff t t rtrn>f mraasvmt f tm■ OFFICIAL SEAL J. M. VANOEYOR7 NOTARY PUBLIC•CALIFORNIA - Natry P,bUc .' Princip.t Cffica in .Marin County = Mr Camrniss n Eipirts Aug. 23. 1492 CERTMCATE 1,61lfNeftfeirt if/l FORM no islet,are,#"life It Infltr t tfr7 STATE OF CALIFORNIA ss. COL"irT'OF MARIN I,the undersigned,Resident Assistant Secretary ofTriE A.4fERICAN rNSURANCE COMPANNY,a NEBRASKA Corporation,DO HEREBY CERTIr that the foregoing amd attached POWER OF ATTORINEY remains in full fora and has not ban revoked;and furthermore that.s micle VII.Secions 45 and s'-6 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and scaled at the County of Marin.Dated the 2 7 t h day of March 1997 \"•. CC��p�i rZendcnl A.a�[SeG C.lf`J :60711-TA-6-M(RED') ATTACHMENT 4 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 15034 THIS AGREEMENT is entered into this 15 day of StyrEn 6,ffk , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LENNAR HOMES OF CALIFORNIA, INC., a California corporation 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 Govemment 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 may}3/k/g:agree/tracform/6/18/97 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. 2 3Wg:agree/tracforrrd8/18/97 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 Nine Thousand,Eight Hundred Ninety-Three Dollars ($209,893) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement 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. 3 3/k/g:agree/tracfomV6/18/97 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 of 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 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. 4 3Ac19:agreeRracfomi/6/18/97 Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; . 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing 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 the 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. 5 3/k/g:agreeltracform/6/18/97 9. ATTORNEYS FEES In the event suit is brought by either parry 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LENNAR HOMES OF CALIFORNIA; INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: ` ^� California �"'�w� L3akKs print name ITS: (circle one)Chairman/Presiden a President Q Mayor By' ATTEST: print name ITS: (circle one)-Secretary/Chief Financial Officer/Asst. Secretary Treasurer City Clerk AP OVED AS TO FORM. REVIE;WED..AND ED: 6.l City Attorney Cit Adml strator INITIATED AND APPROVED: J2.eYA f 7 City Engineer 6 3Adg:agreeAracfomV6/18/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES , OF CALIFORNIA, INC. FOR TRACT NO. 15034 TABLE OF CONTENTS Section Pa4e 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 P 3/k/g:agree/tracform/6/18/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 15036 THIS AGREEMENT is entered into this I5 day of,. E-PT )')8E� , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LENNAR HOMES OF CALIFORNIA, INC., a California corporation 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 I 66499.3 of the Govemment 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/g:agree/tracform/611 8/97 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 followingthe date-of City Council acceptance of same. 2 3/k/g:agree/1racform/6/18/97 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.Forty One Thousand, One Hundred Twenty-Five Dollars ($41,125) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement 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. 3 3/k/g:agreeftracform/6/18/97 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 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. 4 3 ftagreeltradorm/6/18/97 Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing 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 the 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. 5 3/k/g:agree/tracfomV6/18/97 9. ATTORNEYS 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LENNAR HOMES OF CALIFORNIA, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By: California print name / ITS: (circle one)Chairman/Presiden ice President .G6�i►� `�l�C� ti p �Q Mayor By: �LoA ,�esQ L. pblkinV% ATTEST: . 5,� ' t name L _ ITS: (circle 5ecreta Chief Financial l Officer/Asst. Secretary-Treasurer City Clerk APPROVED AS TO FORM:" REVIEWED AND APPROVED: b_/y49City Attorney APPROVED:INITIATED AND City Administrator r City Engineer 1311e 6 3/k/g:agreeltracform/6/18/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 15034 TABLE OF CONTENTS Section' Page I 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.................................7.....................................4 7 Insurance.................................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k1g:agree/tracform/6/18/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO. 15035 THIS AGREEMENT is entered into this�day of k5FPTL--fgt- , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LENNAR HOMES OF CALIFORNIA, INC., a California corporation 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 Govemment 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/g:agree/tracform/6/18/97 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. 2 3/k/g:agree/tracfomV6/18/97 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 Forty Eight Thousand, One Hundred Fifty Dollars ($48,150) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement 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. 3 31Wg:agreeftradorm/8/18/97 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 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER.shall obtain and furnish to CITY, a policy of general public:liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary.. 4 3Wg:agreeftcform/8/18/97 Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 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 this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage Is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing 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 the 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. 5 3/k/g:agree/tracfomV6/18/97 9. ATTORNEYS FEES i 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 itsown attorney fees and costs.. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. LENNAR HOMES OF CALIFORNIA, INC. CITY OF HUNTINGTON BEACH, a j municipal corporation of the State of By: - l California Tn� Ra�kS print name —�� ITS: (circle one)Chairman/Presiden cce.P-resident ay r These QJKObV% ATTEST- print name - ITS: (circle one)Secretary/Chief Financial City Clerk 9 aa?�9 Officer st. Secrete -Treasurer Y I APPROVED AS TO FORM: j1jEWED AND APPRO ED: 9 Z g q'7 ly y' City Attorney City Adml istrator INITIATED AND APPROVED. City Engineer A/C- 6 3/k/g:agreeAracforml6/18/91 • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LENNAR HOMES OF CALIFORNIA, INC. FOR TRACT NO..15034 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/g:agree/tracform/8/18/97 ATTACHMENT 5 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A NIATTER OFIORMATION ONLY AND CONFERS NO RIGHTS UPON YOU, ERTIFICATE HOLDER. THIS CERTIFICA"I'E IS NOT AN INSURANCE POLICY AND DOES NOT AMezk ND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POL L ICIES ISTED BELOW. This Is to Certify that &,k � — Lennar Homes of California ,�,t, -�010. !0 0 LIBERTY 23333 Avenida La Caza Name and A�T TTT T�T Coto de Caza,CA 92679 ���/97 �— address of M V 1 UNL® Insured. Is,at the issue data of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP.DATE * ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS 06/01/98 WC2-151-250382-027 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: BodilylnjuryByAccident AZ,GA, IL, MA, NH, NC,OR, $500000 Each , TX,HI,CA Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL General Aggregate-Other than Products/Completed Operations LIABILITY � _ El OCCURRENCE I'F�'(�'r''== , AS TO FORM.:I products/Completed Operations Aggregate AT_L zl_ ,T01v ❑ A`P'i`'J—Li Bodily Iniury and Property Damage liability CLAIMS MADE I T Per By: X-"h Occurrence D p •ty Cl y Att or d38rsonal and Advertising Injury Per Person/ RETRO DATE Organization 7 Other Other AUTOMOBILE 08/01/97 AS2-151-250382-036 $1,000,000 Each Accident Pp�m Single LIABILITYB.I.and ❑X OWNED Each Person 0 NON-OWNED Each Accident orOccurrence ❑X HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS Re: Tr. 15036, 15035, 15034,Westport If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated o reduced before t certifi a expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATIN UD A INST AN I URER U MIT AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INS URAWE NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFOREATION D Liber Mutual Group THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES U NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: City of Huntington Beach Mark S. AShwood Department of Public Works AUTHORIZED REPRESENTATIVE CERTIFICATE Attn: Bruce Crosby HOLDER 2000 Main Street Huntington Beach,CA 92648 Ft. Lauderdale (800)542-0055 7/10/97 OFFICE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY NIUTUAL GROUP as respects such insurance as is afforded by Those Companies BS 7721. (FL) V FLORIDA IMPORTANT NOTICE TO POLICYHOLDERS AND CERTIFICATE HOLDERS In the event you have any questions or need information about this' certificate for any reason, please contact your local Sales Producer, whose name and telephone number appears on the front lower right hand corner of this certificate. The appropriate local Sales Office mailing address may also be obtained by calling this number. Oh. t ti FJ �1 RECEIVED BY: } • • CITY CLERK RECEIPT COPY Return DUPLICATE to �.► �'�O�J'o�pn Jeffrey Hughes(ext.5260) (Name) k., -j after.signing/dating 9-11 (Date) r �., CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN�: jJiim�Slo(,bojjan,, Deputy City Treasurer. FROM: DATE: 1-6rtP SUBJECT: Bond Acceptance ; I have received the bonds for ��� i�►���5 °� v�lllvu`��t1�1 ,�� �: ,. .: 1 (Company Name) ' Faithful Performance Bond No. Labor andWaterial Bond No. Monument Bond No. Maintenance Bond No. 1 Re: Tract No. 15035 CC No. MSC No. Approved Agenda Item No. C (Council Approval Date) I I n` 1_D . City Clerk Vault No. Li so �0 g:/jah/bondletter.doc I RECEIVED BY • • CITY CLERK RECEIPT COPY [ . - Return DUPLICATE to f �� , •�S t01". 11 F�'N Jeffrey Hughes,(ext.6260) r (Name). ... after signing/dating 9 • I1—Uti (Date) �t4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim lobo'an, Deputy City Treasurer FROM: 1 DATE: SUBJECT: 1 • SUBJECT: Bond Acceptance I have received the genes for s (Company Name) Faithful Performance Bond No: I' w ;. Labor and Material Bond No. . Monument Bond No. Maintenance Bond No:' 4.. h . F..va.M'"• Re: Tract No. f F CC No. MSC No. Approved — 2�^� Agenda Item.No. 5 (Council Approval Date) City Clerk Vault No. g:/ja h/bondletter.doc e Recorded in Official Records, �ty of Orange Gary Granville, Clerk-Recorder I111!!Illllllll.!ill!111111III11111111111!1111111111111111NO FEE Recording requested by, and when recorded return to: 20000507275 01 Apm 09126100 1184A041 Connie Brockway,City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk ——-- CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) n PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory l and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further,the public improvements for the subdivision(s)have been dedicated to the City C of Huntington Beach, as described on Final Map No. 15034. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15034. The Foregoing instrument is the City Clerk's.Onginal Document Reflecting City Council Action Taken at City Council Meetin Submitted for Recordation by the Orange County.Recorder. Attest 20 00 City Clerk and Ex-officio Clerk o i ouncil Of the City of Huntington Beach, California By Deputy This document is solely for the official business of the City of Huntington Beach, as contern- CITY OF HUNTINGTON BEACH plated under Government Code Sec. 6103 and should be recorded free of charge. By: City Engineer Tax Exenipi Goverr,::t; � F�y: City Attorney CITY OF fUNGTON BEACH 37783 y Clerk Recording requested by, and when recorded return to: �—— ---- -- — Connie Brockway,City Clerk I Recorded in Official Records, County of Orange Office of the City Clerk Gary Granville, Clerk-Recorder CITY OF HUNTINGTON BEACH I IIIIII��III IIII��IIII 1111111111 111111111111111 NO FEE P.O.Box 190—2000 Main Street Huntington Beach,Ca. 92648 20000507274 01-.43pm 09126/00 1184A041 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS l (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) ( n PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the 1�J/ subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section �v 255.22(A), the improvements for public use. Further,the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 15035. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15035. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at O$^ 21^as City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 9-b 20po W City Clerk and Ex-officio Clerk of e C ouncil Of the City of Huntington Beach, California By Deputy This document is solely for the official business of the City of Huntington Beach, as contem- CITY OF HUNTINGTON BEACH plated under Government Code .Sec. 6103 and should be recorded free of charge. ' By: City Engineer Tax-Exempt-Government Agency ,CITY O HHU T GTON BEACH vp�,By: City Attorney 37784 By:---- -- pu ity Clerk Recording requested by, - and when recorded return to: Connie Brockway,City Clerk Recorded in Official Records, County of Orange Office of the City Clerk Gary Granville, Clerk-Recorder CITY OF HUNTINGTON BEACH I i �!II�!Iil!!!II!IiiNO FEE P.O.Box 190—2000 Main street 20000507269 Q1:43pm 09I26100 Huntington Beach,Ca. 92648 - 1184A041 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS 1\Il (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and- Subdivision Ordinance Section (� 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15036. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15036. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 0$ — 2�—Oo City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest °� 6 -- 20 0o CONNIE BROCKWAY City Clerk and Ex-officio Clerk of C ou`nc' the City of Huntington Beach, California By Deputy This document Is solely for the official business of the City CITY OF HUNTINGTON BEACH of Huntington Beach, as contem- plated under 0overnment Code Sec. 610 and should be recorded — free of charge. By: City Engineer lax-Exenipi-Govern,.:;uiii Agency CITY OF H T TON BEACH �By: City Attorney 37784 By:.. ---- . ---------------------- Deput y Clerk City o f Huntin ton Beach ! ;. ; P O BOX 711 CALIFORNIA 92648 �,_ TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER September 18, 2000 CERTIFIED MAIL The American Insurance Company P.O. Box 769 Downey, CA 90241 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on August 21, 2000 approved the release of the following bonds: Tract# 15034 Faithful Performance and Labor&Material Bond No. 11133297967 Monument Bond No. 11133297975 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. :r Sincerely, ry 6 Shari L. idenrich, CPA, CCMT C'=Y City Treasurer Enclosures cc: Lennar Homes of California 24800 Chrisanta Dr. Mission Viejo, CA 91691 Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G:\Denine\Shari\Letters\BondLt75 City of Huntin ton Beach ~ ' • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER September 18, 2000 CERTIFIED MAIL The American Insurance Company P.O. Box 769 Downey, CA 90241 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on August 21, 2000 approved the release of the following bonds: Tract# 15035 Faithful Performance and Labor&Material Bond No. 11133297983 Monument Bond No. 11133297991 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari VFrldenrich, CPA, CCMT -rJ FT City Treasurer " (_3 Enclosures =� cc: Lennar Homes of California 24800 Chrisanta Dr. Mission Viejo, CA 91691 Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G:\Denine\Shari\Letters\BondLt71 , ` Cit of Huntington Beach • A P O Box 711 CALIFORNIA 92648 1 °�� ► - � TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER September 18, 2000 CERTIFIED MAIL The American Insurance Company P.O. Box 769 Downey, CA 90241 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on August 21, 2000 approved the release of the following bonds: Tract# 15036 Faithful Performance and Labor&Material Bond No. 11133297983 Monument Bond No. 11133298015 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. enrich, CPA, CCMT - �r City Treasurer ; Enclosures cc: Lennar Homes of California ;- 24800 Chrisanta Dr. r Mission Viejo, CA 91691 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) G:\Denine\Shari\Letters\BondLt72 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On June 14, 2000 before me, S. McDonald, Notary/ Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness m hand d official l. S. MC DONALo my an o sea _ Commission# 1260983 Z Notary Public-California Orange County QMyCornrn.aoresApr16.2j0D4 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 SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Guarantee and Warranty Bond No. 111 3329 7967 Number of Pages: One 1 Date of Document: June 13, 2000 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACH&LEDGMENT • No.5907 State of California County of Orange' On June 13 2000 before me, Patricia M.White,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® 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. PATRICIA M. NHrrE Commission U :'27052 Notary Public = WITNESS my hand and official seal. Orange Cour.ty MY Comm.Exptes Mar 3.2001 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) The American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 QEMAN'S FUND INSURANCE COMPANY • NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY • GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation,THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia M. White or Patricia Brebner of Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby`ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed- "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 22nd day of March 2000 /.N'S ►r[ , •,..•••...,. - FIREEMAN'S FUND INSURANCE COMPANY `t�liTTC �t,M eG tj,�ar••.f�y' a� O—ff.: NATIONAL SURETY CORPORATION � ''"a _ 4 �' - e =3` —•—' THE AMERICAN INSURANCE COMPANY '�"l"0 y e# �� 5 , `�•f ASSOCIATED INDEMNITY CORPORATION ��,("a° 3' ,., +� ��N�E�o�t 'O+,y�E•�a1t� i4.>� �O�ji AMERIC AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF MARLN }SS. By via-President On this ??nd day of Mprrh 90nn ,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO Commission# 1163726 z=: Notary Public•California Morin County Nollary Public. STATE OF CALIFORNIA 1 SS. My Comm COUNTY OF MARIN J I, the tmdersigned, Resident Assistant Secretary of each company, DO PEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors; set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 13th day of June 2000 C `t�lllT,C• `tt/,ANS tG'{. ♦'A�M�4f.� y ;04W •4t Q stvcivro } . 1 If 86AL Bi tier C Resident Assistant Secretary L ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements"for Tract 15034 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Abnnielkrtockway, CIVIC City Clerk Enclosures Tract No. 15034—Lennar Homes of California -s/s of Summit Drive, e/o Seapoint Avenue g:/followup/tract/acceptpublicimp.doc (Telephone:714536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15034. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15034. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at Og- City Council Meetin Submitted for Recordation by the Orange County Recorder. Attest 20 00 -CONi City Clerk and Ex-officio Clerk o i ouncil Of the City of Huntington Beach, California By Deputy This document is solely for the official business of the City of Huntington Beach, as contem- CITY OF HUNTINGTON BEACH plated under Government Code . , Sec. 6103 and should be recorded free o�charge. By: City Engineer 7/ys/Z� 1�y: City Attorney CITY OF UN NGTOiJ BEACH 37783 By:.--- •- -- --.---.. pu ity Clerk 119;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK September 6, 2000 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Tract No. 15034— Release of Securities &Acceptance of Public Improvements MOW- 24, 20:11V Please be advised that on T , Supt the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 15034 and Accepted the Public Improvements — Lennar Homes of California, Inc. —s/o Summit Drive, e/o Seapoint Avenue (420.60) — 1. Accepted the improvements constructed.and dedicated for public use with Tract No. 15034; and 2. Released the Faithful Performance/Labor and Material No. 11133297967 and Monument Bond No. 11133297975 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133297967; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, dMW# . Connie Brockway, CMC City Clerk CB:jh g:/followupttracUacceptpublicimp-notice.doc (Telephone:714-536-5227) RCA AOUT ING S1, EET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15034 and Accept the Public Improvements COUNCIL MEETING DATE: August 21, 2000 .... RCA ATTACHMENTS _ STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney). Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial . Not Applicable ;EXPLANATION FOR _MISSING ATTACHMENTS , REVIEWED x RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) ( ) City Clerk ( ) EXPLANATION FOR.RETURN OF:ITEM. Only)(Below Space For City Clerk's Use RCA Author: T. Elliott SL T �1 j aft" D --Ob Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ p�- City Cl 's Signature Council Meeting Date: August 21, 2000 Department ID Number: PW 00-072 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS CD SUBMITTED BY: RAY SILVER, City Administrator �� PREPARED BY OBERT F. BEARDSLEY, Director of Public WorksOf cri C-) SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15035 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Lennar Homes of California, Inc., the developer of Tract No. 15035, located on the south side of Summit Drive, east of Seapoint Avenue, is requesting their bonds and agreement be accepted by City Council. . Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15035; and, 2. Release Faithful Performance/Labor and Material No. 11133297983 and Monument Bond No. 11133297991 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept the Guarantee and Warranty Bond No. 11133297983; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action and the City Treasurer to notify the Surety, American Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. 1 RNAUEST FOR COUNCIL ACTIN MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PW 00-072 Analysis: On July 1, 1996, the City Council approved Final Map No. 15035 and accepted bonds from PLC Land Company, the securities furnished for faithful performance, labor and material and monuments. On September 15, 1997, Lennar Homes of California, Inc., purchased Tract No. 15035 and substituted their bonds in place of PLC's. The developer, Lennar Homes of California, Inc., has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 11133297983 as security. Following is a list of project data: Subdivider: Lennar Homes of California, Inc., 24800 Chrisanta Drive, Mission Viejo, California 92691 Engineer: Walden &Associates, 18012 Cowan, Suite 210, Irvine, California 92714 Title Co.: First American Title Co., 114 E. 5th Street, Santa Ana, California 92702 Surety: American Insurance Company, 777 San Marin Drive, Novato, CA 94998 Location: South side of Summit Drive, East of Seapoint Avenue Lots: 52 numbered lots, 4 lettered lots Acreage: 11.081 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). Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 11133297983 3 Acceptance of Public Improvement Forms RCA Author: T. Elliott Tract 15035 RCA Acceptance -2- 08/02/00 9:15 AM ATTACHMENT 1 DM 3L. W a QA SECTIONAL DISTRICT MAP 3-6-II .fJaL I,ILIT W CI CITY OF HUNTINGTON BEACH A . ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP !]e. s•b GARFIELD n AVENUE a�. 0•r a0 YS CR G. .Ou 'TY 0,. ��\\`a ,;JI 1• , JAL' paa I,1 l i a• .` �) I Oj i i of ------------------- - - iy HUNTiNGTCN ._=-. F MNTNY 7LA AOLF CCURS-e, o cLw•wrr .�.�^(• �-1w ..r•LY � ••• ONCT � �4q s ` AVE V 1111 /+ •IY'•• f 10 OC 10 II '4 ti ATTACHMENT 2 80NONO111 3329 7983 PREMIUM Premium included in charge for performance bond GUARAN i EE AND WARRANTY BOND WHEREAS, Lennar Homes of California , Inca a Principal,and THE AMERICAN TNSuRANrp -rnMP NV ,a corporation organized under the laws of the State cf N e b r a s k a and duly authorized to do business in the State of Califomia,as Suety,are held and firmly bound unto the . City.of Huntington Beach,California,as Obligee,in tfie penal sum of Four thousand eight h u n d r e d F i f t e e n ($4 ,815) representing 10 percent of the contract price entered into between,the Principal and Obi:�gee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated fa-,York described as follows: Streets , sidewalk , street trees , water and ` sewer systems Tract 15035 WHF;EAS,said contract provides that the Principal will wish a bond conditioned to guammee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in wcrkmznship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NCW,THEREFORE,the Principal and Surety,jointly and severaliy shall irdernify the Obligee for all loss that the Obligee may sustain by reason of any derective materials or wcrt rnanship which become apparent during the period of one year from and after date cf completion of work and acceptance thereof by Obligee. In witness n ereof,this iristrument has been duly exec,."sd by the principal and surety above naned,cn June 13, 2000 Lennar. Homes of California , THE AME CAN INSURANCE COMPANY Inc . �-. BY : ) By Vice1President, David Evans Patricia Brebner "Principal" Attorney-in-Fact "Surety" a?PROVE'D AS TO GA IL I 7- �' c,ttorr: 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On June 14, 2000 before me, S. McDonald, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S. MC DONALD Commission#1260983 -m Notary Public-California Orange County My Comm.Fxires Apr 16,2M 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 SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Guarantee and Warranty Bond No. 111 3329 7983 Number of Pages: One 1 Date of Document: June 13, 2000 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE AC40VLEDGMENT • No.5907 State of California County of Orange' On June 13 2000 before me, Patricia M.White,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner , NAME(S)OF SIGNER(S) ® 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. PATRICIA M.WHITE F Commission#1127052 =` WITNESS my hand and official seal. votary Public—California Orange County Ivy CC,r,ro.Ex0res M or 3.20p1 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) The American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 *EMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY E MERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE'COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint- Patricia M. White or Patricia Brebner of Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby'ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 22nd day of March 2000 N -'�•,• - FIREMAN'S FUND INSURANCE COMPANY Y M/N S `��",�\, `' NATIONAL SURETY CORPORATION 'a _ 3` E THE AMERICAN INSURANCE COMPANY r .. E� EAL's SEPT AIM e v i W. ASSOCIATED INDEMNITY CORPORATION E Cp+ `4�MCE�C�►tnpNsA'�.+F AMEBIC AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA _ COUNTY OF MARIN SS B y via-President On this 7?na day of Marrh 90no ,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO Commission# 1163726 Notary Public-California Morin County STATE OF CALIFORNIA %MY Comm. v N Public ,COUNTY OF MARIN } SS. L the undersigned, Resident Assistant Secretary of each company, DO I�EREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 13th day of June 2000 � \ �NW1.•WI.I.i. �T Cr°OR, o ♦ G �.� y�ti fro+: ': ,O +, 'ems • ,I�~O • • _S�'• :F� 'Q Z7a� SEK.3.*M : BEA L.'8p� � �Cy,tln.dg�{. /. • �•^'CE Co''t C E fp4,MC �OJ�� _ i���d� rw Resident Assistant Secretary ATTACHMENT 3 4, j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET , CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements"for Tract 15035 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures Tract No. 15035—Lennar Homes of California-s/s of Summit Drive, e/o Seapoint Avenue g:/folIowup/tract/acceptpublicimp.doc (Telephone:714-536-5227) _ Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 15035. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15035. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at G$ 2l^ft City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 9-b " 20oo iI W City Clerk and Ex-officio Clerk of e C ouncil Of the City of Huntington Beach,California By Deputy This document is solely for the official lousiness of trio City of t unt.nr-,ton Beach, as contem- CITY OF HUNTINGTON BEACH plated under Government Code Sec. 6i g� and should be recorded ��c free of charge. By: City Engineer Tax-Exempt-Go�fe nrnent Agenc CITY*HUTON BEACH O�By: City Attorney 37784 By:---- ------------------ lerk CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Tract No. 15035—Release of Securities &Acceptance of Public Improvements M-A 1>"- -AY% 1gT 2I1/ Iwo—. Please be advised that on T-eeGday, the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 15035 and Accepted the Public Improvements—Lennar Homes of California, Inc. —s/o Summit Drive, e/o Seapoint Avenue (420.60)- 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15035; and 2. Released the Faithful Performance/Labor and Material No. 11133297983 and Monument Bond No. 11133297991 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133297983; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, dvl Connie Brockway, CMC City Clerk CB:jh g:/followupttract/acce ptpublici m p-notice.doc (Telephone:714536-5227) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15035 and Accept the Public Improvements COUNCIL MEETING DATE: August 21 , 2000 .. RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION:FOR MISSLN_G ATTACHMENTS REVIEWED RETURNED 'FORWARDED-, ' Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) ( ) ( ) City Clerk ( ) -- EXPLANATION FOR RETURN.OF,ITEM Only)(Below Space For City Clerk's Use RCA Author: T. Elliott Council/Agency Meeting Held: Z) —00 Deferred/Continued to: Approved ❑ Conditional) Approved ❑ Denied DZ-? City Clerk's Signature J ouncil Meeting Date: August 21, 2000 Department ID Number: PW 00-073 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator t� 93 ~? , —9PREPARED BY BERT F. BEARDSLEY, Director of Public Work SUBJECT: t11PROVE THE RELEASE OF SECURITIES FOR TRACT NQ. 1'5036 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Lennar Homes of California, Inc., the developer of Tract No. 15036, located on the south side of Summit Drive, east of Seapoint Avenue, is requesting their bonds and agreement be accepted by City Council. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15036; and, 2. Release Faithful Performance/Labor and Material No. 11133297983 and Monument Bond No. 11133298015 pursuant to California Government Code Section No. 66499.7(b): and, 3. Accept the Guarantee and Warranty Bond No. 11133298007; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action and the City Treasurer to notify the Surety, American Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. RQUEST FOR COUNCIL ACTIN MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PW 00-073 Analysis: On July 1, 1996, the City Council approved Final Map No. 15036 and accepted bonds from PLC Land Company, the securities furnished for faithful performance, labor and material and monuments. On Septmber 15, 1997, Lennar Homes of California, Inc., purchased Tract No. 15036 and substituted their bonds in place of PLC's. The developer, Lennar Homes of California, Inc., has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 11133298007 as security. Following is a list of project data: Subdivider: Lennar Homes of California, Inc., 24800 Chrisanta Drive, Mission Viejo, California 92691 Engineer: Walden &Associates, 18012 Cowan, Suite 210, Irvine, California 92714 Title Co.: First American Title Co., 114 E. 5t" Street, Santa Ana, California 92702 Surety: American Insurance Company, 777 San Marin Drive, Novato, CA 94998 Location: South side of Summit Drive, East of Seapoint Avenue Lots: 38 numbered lots, 5 lettered lots Acreage: 8.417 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). Attachment(s1: City Clerk's • - Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 11133298007 3 Acceptance of Public Improvement Forms RCA Author: T. Elliott Tract 15036 RCA Acceptance.doc -2- 08/07/00 8:44 AM ATTACHMENT 1 DM 3L. W N H . 4 P SECTIONAL DISTRICT MAP 3-6-II 0: CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ]]N b ] GAR FIELD ` .. AVENUE l ] t oi uj �� f CIS y` •.\ �.•, M 4 Z Z( Y CR. JO t A4` Q \\.I \\ � •') by 11 '� I• • _�'-e,sip 01 ~� ' Ico .UNTINGTON A:1N'9Y 7LU9 OOLF COURSE •�+ .�' •;PRl4 ..., � °met 3 S . AVE • OCR �, 4 y j �y ram••. f 10 OC 10 II F4,y A TTACHMENT 2 A. BONDN0.111 3329 8007 PREMIUM Included in charge for performance bond GUARAN i EE AND WARRANTY BOND WHEREAS, Lennar Homes of California , Incas aPancipal,and THE AMERICAi INSURANr'.F COMPANV a corporation organized under the laws of the State of N e b r a s k a and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the . City of Huntington Beach,California,as Obligee,in the penal sum of F o u r t h o u s a n d O n e hundred Forty—three ($4 , 143 . 00) representing lO percent of the contract price entered into between,the Prircipal and Obligee,to which payment well and truly to be made we do bind ourselves,and each at our heirs,executors,administrators,successors and assigns jo*1 and severally. WHEREAS,the said principal entered into a contract with said Ob%ee,dated for work described as follows: Streets , sidewalk, street trees , water and sewer systems Tract 15036 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant ter the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in woe<mznship and materials.during said one year period. WHEREAS,said work has been completed,and accepted by Obligee an NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any detective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obl' ee. In witness whereof,this instrument has been duly executed by the principal and surety above named,en June 132 2000 Lennar Homes of California, THE AMERICAN INSURANCE COMPANY Inc . BY : By : I�L , ) Vice Preside , David Evans Patricia Br e ner "Principal" Attorney—in—Fact "Surety" APPROVED AS TO FORM: GAIL HUTTO T, City Attorr�e:: By: 7 ILItn CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On June 14. 2000 before me, S. McDonald, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. LD Witness m hand and official seal. S. Mc Oc�NA y Commisso^# 1260 983 Z Notary Public-Califomia orange County Co My mm.cairns Apr 1 b,2004 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 SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Guarantee and Warranty Bond No. 111 3329 8007 Number of Pages: One 1 Date of Document: June 13, 2000 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE OWLEDGMENT No.5907 State of California County of Orange' On June 13 2000 before me, Patricia M. White,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® 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. PATRICIA M.WHITE r Commission#1'27052 NotcryPublic—California t WITNESS my hand and official seal. •�'�' Orange County My Comm.Expires Mar 3.2001 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 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) The American Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMANS FUND INSURANCE COMPANO NATIONAL SURETY CORPORATION ASSOCIATED LNDEMNTTY CORPORATION THE AMERIC.t1N INSURANCE COMPANY E.MERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE`COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERIC.AN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia M. White or Patricia Brebner of Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and ail bonds,undertakings,recognizances or other written obligations in the nature thereof-------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby'ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 22nd day of March 2000 E,►^''s eG 1+��Y•:••,��+;� ••""oe�,r w FIREMAN S FUND INSURANCE COMPANY o, ,� �, �, s�.�'- ems`• NATIONAL SURETY CORPORATION �'�' 'moo = •. � . ... ° .3:'•—•—•'+�.z i a e w L_s THE AMMUCAN INSURANCE COMPANY §3`'•. ASSOCIATED INDEM14TIY CORPORATION ��Ir eT ,;.••;f`� Cl cod *+rc'['ce � .i°` AMERIC AUTOMOBILE INSURANCE COMPANY 1 STATE OF CALIFORNIA COUNTY OF MARIN }SS. By vice-President On this 9?nd day of M;;rrh 9nnn ,before me personally came Donn R. Kolbeck to me known,who,being by me duly swom,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO Commission# 1163726 i Notary Pubric-California Mann County STATE OF CALIFORNIA ' v N Public COUNTY OF MARIN }SS. I, the undersigned. Resident Assistant Secretary of each company, DO R REBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Malin. Dated the 13th day of June 2000 �SEVT.lII70 � .•� =� � � �I�a`� � ��s e A L �� y�c�� � tl/. .• ~* t� sad d ,t• ,i.,. 'i:� C/L� Resident Assistant Secretary ATTACHMENT 3 i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK September 6, 2000 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15036 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. dom ow-o"ry- Connie Brockway, CMC City Clerk Enclosures Tract No. 15036—Lennar Homes of California—s/s of Summit Drive, e/o Seapoint Avenue g:/fol lowup/tractlacceptpublicimp.doc (Telephone:714536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 24, 2000 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 15036. Public improvements constructed consist of all the domestic water system and appurtenances within the private streets as defined and conditioned by the City on Tentative Map 15036. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 9 b 2000 IE BROCKWAY City Clerk and Ex-ofcio Clerk of C ounc' the City of Huntington Beach, California By Deputy This document Is solely for the official business of the City CITY OF HUNTINGTON BEACH of Huntington Beach, as contem- pla Is urtiGer Covernrnent Code Sec. 6103 and should be recorded free of charge. By: City Engineer 1'ax-Exempi-Govern.;E;iit Agency CITY OF H 'T TON BEACH -By: City Attorney 37784 By:• ---- -------- ------------ Deput ' y Clerk CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 2000 Lennar Homes of California, Inc. 24800 Chrisanta Drive Mission Viejo, CA 92691 Re: Tract No. 15036—Release of Securities &Acceptance of Public Improvements Please be advised that on ptenix the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 15036 and Accepted the Public Improvements— Lennar Homes of California, Inc. —s/o Summit Drive, e/o Seapoint Avenue (420.60)—1. Accepted the improvements constructed and dedicated for public use with Tract No..15036; and 2. Released the Faithful Performance/Labor and Material No. 11133297983 and Monument Bond No. 11133298015 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133298007; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, Connie Brockway, CMC City Clerk CB:jh g:/fol lowup/tracUacceptpub licim p-n otice.doc (Telephone:714536-5227) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15036 and Accept the Public Improvements- COUNCIL MEETING DATE: August 21, 2000 ......... ........_. ........._ ........ RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS` REVIEWED RETURNED FORWARDED;° Administrative Staff ( ) ( ) Assistant City Administra or (Initial) ( ) ( ) City Administrator(Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF:ITEM: Only)(Below Space For City Clerk's Use RCA Author: T. Elliott cilk-of Huntington Beach P O BOX 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 ------- ---=-- FAx 714 374.1603- - SHARI L.FREIDENRICH --------------- --- VIA FACSIMILE AND VIA CERTIFIED U.S. MAIL May 7, 1998-- American Motorists Insurance Company 777 San Marin Drive ' Novato, CA 94998 Re: Tract Nos. 15034, 15035,-and 15036; PLC ^- --- - Gentlemen: This. is to inform you that the City Council of. the City.of.Huntington Beach, on • September 15, 1997, approved to release.the following bonds: Tract No. 15034 Faithful Performance Bond,Bond No. 3SM 887 430 00 Labor and Material Bond,Bond No. 3SM 887 430 00 Monument Bond, Bond No. 3SM 887 429 00 Tract No. 15035 Faithful Performance Bond,Bond No.3SM 887 428 00 - Labor and Material Bond,Bond No.3SM 887 428 00 Monument Bond,Bond No. 3SM 887 427 00 - - Tract No. 15036 -- Faithful Performance Bond;-Bond No:3SM 88.7 42 _=___-- -- Labor and Material Bond,Bond No. 3SM 887 426 00 Monument Bond, Bond No. 3SM 887 425 00 American Motorists Insurance Company = - _May 6,=1998=—-- —-- -- -- — — -— —- _ - -- Page two - - - - - -We are releasing-the-original-bonds-and have enclosed them for you. Also enclosed is a copy of the Statement of Action of the City Council approving release of these bonds. If you have any questions,please call me at 714 536-5200. Sincerely yours, Shari L. Freidenrich -- --- SLF:lb Enclosures • xc: ' Bill Holman,PLC Land Co. 23 Corporate Plaza, Suite 250 Newport Beach,CA 92660 (no'attachments) - Daryl Smith,Acting Director of Public Works(no attachments) Connie Brockway,City Clerk(no attachments) Pat Lovelace Sr.Deputy City Treasurer no attachments 7. - _ .. (13) 09/15/97 -Councqlkgency Agenda - Page 13 E-10. (City Council) Substitution Of Tract Bonds (The American Insurance Company) & Subdivision Agreements Due To Purchase By Lennar Homes Of PLC Land Company Of Tract Nos. 15034, 15035 and 15036 - Holly-Seacliff Development Agreement Area (420.60) - 1. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88743000, 3SM88742900 Tract No. 15034, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 2. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88742800, 3SM88742700 Tract No. 15035, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 3. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88742600, 3SM88742500 Tract No. 15036, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 4. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297967, 11133297975 Tract No. 15034, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; 5. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297983, 11133297991 Tract No. 15035, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; 6. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133298007, 11133298015 Tract No. 15036, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, 7. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-11. (City Council) Adoption Of Resolution No. 97-62 - Re: Disposition Of Records - Office Of The City Clerk (170.50) - Adopt Resolution No. 97-62 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of Certain City Records." Submitted by the City Clerk (See Description of Records listed in Exhibit "A", attached. [Adopted 6-0 (Julien; Absent)] E-12. (Redevelopment Agency) Receive And File Document On Behalf Of The Redevelopment Agency (Revised Schedule Of Performance To Amended And Restated Disposition And Development Agreement - Third Block West - Between Redevelopment Agency &J.T. Development Company L.L.C.) (600.30) -That the Redevelopment Agency receive and direct the Agency Clerk to file the Revised Schedule of Performance to Amended and Restated Disposition and Development Agreement (Third Block West) between the Redevelopment Agency and J.T. Development Company, L.L.C. dated August 11, 1997. Submitted by the Agency Clerk [Approved 6-0 (Julien: Absent)] (13) i STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, September 15, 1997 A videotape recording of this meeting is on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:10 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo ABSENT: Julien Consent Calendar- (Item Approved) A motion was made and the following item was approved as recommended by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: ABSENT: Julien E-10. (City Council) Substitution Of Tract Bonds (The American Insurance Company) Subdivision Agreements Due To Purchase By Lennar Homes Of PLC Land Company Of Tract Nos. 15034, 15035 and 15036 - Holly-Seacliff Development Agreement Area (420.60) - 1. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88743000, 3SM88742900 Tract No. 15034, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 2. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88742800, 3SM88742700 Tract No. 15035, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 3. Release Pacific Land Company's Subdivision Agreement and Bond Nos. 3SM88742600, 3SM88742500 Tract No. 15036, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 4. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297967, 11133297975 Tract No. 15034, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; 5. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297983, 11133297991 Tract No. 15035, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; 6. Accept Lennar Homes of California. Inc. Subdivision Agreement and Bond Nos. 11133298007, 11133298015 Tract No. 15036, the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively, and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer; and, 7. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] The meeting adjourned to Monday, September 29, 1997 at 5:00 p.m., in the Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/ Ralph Bauer City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the September 15, 1997. Witness my hand and seal of the said City of Huntington Beach this 24th day of September, 1997. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By cl.'&' Depu ity Clerk 41TY OF HUNTINGTON BEA MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: PW 9-046 Slao.&t7 Council/Agency Meeting Held: 2kWI7 Deferred/Continued to: WrA'pproved ❑ Conditionally A roved ❑ Denied L City ClerVs Signature Council Meeting Date: September 15, 1997 Department ID Number: PVVW-0g6 CITY OF HUNTINGTON BEACH "' oc " m I REQUEST FOR COUNCIL ACTION V rrrn w-� O "q".r rn SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r G� r SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: & M. JONES II, Director of Public Works , G SUBJECT: Tract Nos. 15034, 15035 and 15036 Substitut of Bonds and Subdivision Agreement Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Lennar Homes of California, Inc. has purchased Tract Nos. 15034, 15035 and 15036 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, 3SM88742900 (Tract No. 15034), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 2. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88742800, 3SM88742700 (Tract No. 15035), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 3. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM88742600, 3SM88742500 (Tract No. 15036), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, � y / 6 0025783.01 -2- 08/28/97 1:21 PM *QUEST FOR COUNCIL ACTON MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: PW 97-046 4. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297967, 11133297975 (Tract No. 15034), 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 Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133297983, 11133297991 (Tract No. 15035), 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 Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 11133298007, 11133298015 (Tract No. 15036), 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. 15034, 15035 and 15036 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Lennar Homes of California, Inc. purchased Tract Nos. 15034, 15035 and 15036 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: Lennar Homes of California, Inc., 27432 Calle Arroyo, San Juan Caspistrano, Ca. 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). 0025783.01 -3- 08/28/97 1:21 PM *QUEST FOR COUNCIL ACTH MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: PW 97-046 Attachment(s): City Clerk's Page Number _ . . _ _ . .. 1 Location Map 2 Faithful Performance/Labor & Material Bond Nos. 11133297967, 7 11133297983 and 1113329800 �•�e - � -�� 3 Monument Bond Nos. 11133297975, 11133297991 and 11133298015 6s,, Fie C' 6 -�-) 4 Subdivision Agreements for Tract Nos. 15034, 15035 and 15036 5 Certificate of Insurance RCA Author: B. Crosby, phone extension 5247. 0025783.01 -4- 09/04/97 11:54 AM ATTACHMENT 1 >> f f ' .,, .;� yk. f a f!'+'4 ♦ ! I 1. j. SEACLIFF '',.'.��n},.r. • i'+fia�! .,'n I r� wain unc r'Ca��,1 1 •} I _ `'•I•�'; p� n� . '111�ii' 6„'l�,Iiu'O`.� r",Jrint��i %/ .•..I GOLF COURSE �n n / kI'1 1 , I SEACOUE j.;N .y�l. ! 5 I is GOIf COURSE I C L Y M'r/'7 f l .1, l�`•. Is 13 ss Js r Epp u ji t.N `f; AE 27 , n .T Is Is 81 n n NT,I SEACUff GOU COURSE S AUs k M1ASC YAP SSOCIATES -fit ', •w FOR _�nis��i TENTATIVE TRACT NO. 14700 _ 1 112— PENINSMA 11 ; I have received Faithful Performance Bond No. 11133297967 - The American Insurance Company- Final Tract Map No. 15034, Labor and Material Bond No. 11133297967 - The American Insurance Company- Final Tract Map No. 15034, Faithful Performance Bond No. 11133297983 -The American Insurance Company- Final Tract Map No. 15035, Labor and Material Bond No. 11133297983 -The American Insurance Company- Final Tract Map No. 15035, Faithful Performance Bond No. 11133298007 - The American Insurance Company- Final Tract Map No. 15036, Labor and Material Bond No. 11133298007 - The American Insurance Company- Final Tract Map No. 15036, Monument Bond No. 11133297975 - The American Insurance Company - Final Tract Map No. 15034, Monument Bond No. 11133297991 - The American Insurance Company - Final Tract Map No. 15035, Monument Bond No. 11133298015 - The American Insurance Company- Final Tract Map No. 15036. Re: Final Tract Map Nos. 15034, 15035 and 15036 - Lennar Homes of California, Inc. RCA and Action Agenda for September 15, 1997 attached. Dated: By: — ATTACHMENT 2 BOND NO. 111 3329 7967 PREMIUM S 1 -2 59.0O FAITHFUL PERFORMANCE BOND WHEREAS,the City Couml of the City of Huntington Beach,State of California,and LENNAR HOMES OF CALIFORNIA, INC. (hereinafter designated as'pdncipal')have entered into an agreement whereby principal agrees to install and complete designe.ed public improvements,which said agreement,dated 19 .and iden5fied as project Tr #15 034 is hereby referred to and made a part hereof,and 1WHEREAS,said principal is required under die terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the princo and THE AMERICAN INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter caiied'Crt1r',ttie Denad sum of METYNMENANII ��9i�56)thS EIGHT_HUND GNars(S 209,893.00 ) lawful money of the United States,for the payment of which sum weal and truly to be made,we bind ourselves,our heirs,successors,execubrs and admnistrators,Onty and severally,firmly by these presents. The condition of this obligation is such that tithe above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,aid wea and truly keep and perform the covenant:condton and provisions in the said agreement and any alteration thereof made as therein provided,on his or ttor part to be kept and performed at the time and in the manner therein specified,and in all respects according to ttm it true intent and meaning,and shall indemnify and save harmless'City',its officers,agents and e.rr loyePs,as ttteran strpulated,then this obligation shall become null and void-,ctlierwise it shall be and rerrialn in full force and effect As a part of the obligation secured hereby and in addittn to the face amount spec&-d t1 erefor,there shall be included costs and reasonable expenses and fees,including reasonable attomey's fees incurred by"City in successfuliy enforcing sr_x:h ob igatior.,ell 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 Me agreement or to the work to be perforrned Oweunder or the specifications accompanying the same shall in anywise affect its Wigatons on this bond,and it does hereby waive notice of any change,extension of hme,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 March 27th .SB 97 _ INNN HOME CALIF PIR ' A, as Principal , V1 THE AMERICAN' INSURANCE COMPAI Surety ay VICTORIA M CAMPBELL By ATTORNEY—IN—FACT APPROVED AS TO FOP,?:' GAIL NUTTO"f,: City Attor:±ey By: Deputy City Attorney I S�S�e(7 i 2 'Stale of California County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER-E.G.. 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - MR- ❑ to be the person(s) whose nameN is/aNx subscribed to the within instrument and acknowledged to me that to/she/thW e _ _ executed the same in /her/iiliNK authorized capacity(!), �-� K. R. VIODES and that bya±ii �at s/her/tsignature( on the instrument the t n ce:!.,m. 1019554 person( , or the entity upon behalf of which the person` FUSLIC•CALIFORNIA acted, executed the instrument. ORt,NCE COUNTY Iv !AY CCM%' 1S=!0N EXPi?ES ;!AY 4, 1998 C; �-... - WITNESS my hand and official seal. /�9/ 1�4� 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) ALL-PURPOSE ACKNOWLEDGMENT ; State of Ca h t--oy-n lc- ) CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL(S)sIaNINa FOR County of Or�t,1q�, ) ONESELF/THEMSELVES ❑ CORPORATE OFFICER(S) n TLE(S) On Ir 19 ri before me, gi p r Y Lam Pu.b I ccL '(name, title`bf officer), GUMIPANY personally appeared L11,' I P, 2, f:6) ❑ PARTNER(S) I1personally known to me — OR— ❑ proved to me on the basis of satisfactory PARTNERSHIP evidence to be the persor>`(_s� whose name)s _Is/are subscribed to the within ❑ ATTORNEY- instrument and acknowledged to me that h*he'they executed the same In INTACT PRINCIPAL(S) their authorized capacity(ies), and that by-hW-her their signatures on the ❑ TRusTEE(S) Instrument the perso (s or the entity upon behalf of which the persons acted, TRusr executed the Instrument. ❑ OTHER WITNESS my hand and officlal seal. TnLE(S) ;Z; DEE BAKER Commission Aa&j _ Commission#1086001 -v Notary Public—Ca�fomla Orange county Signature My Comm.Dpires Apr 19,2000 81-0236-S • *ONO NO, 111 3329 7967 PREMIUM included in Performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of t`ie City of Huntington Beach,Stag of California,and LENNAR HOMES OF CALIFORNIA, INC. (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to instal and complete designated public improvements,wait-said agreement,dated 19 and identified as project TR #15034 is hereby referred to and made a part hereof;and WHEREAS,under the terns of said agreement principal is required bektre entering upon the performance of the work,to file a good and suffi lent payment bond with the City of Huntington Beach to secure the claims to which reference Is made in Title IS(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the Sate of Caiiforria Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and at contractors,subcontractors,laborers,matertalmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid ONE HUNDRED FOUR H UUSAND NINE HUNDRED Code of Civil Procedures In the sum ofTHIRTY TWO AND NO�100ths ---------- dollars($ 104,932.00 } for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or tabor,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 bend,will pay,in a6fim to the face amount ttrereof,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 cll persons,companies and corporations erMed to file claims underTrtie 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 the'r assigns in any suit brought upon this fond. Should the condition of this bond be fully performed,than this obligation shall become nuli and void,otherwise it shall be and remain in fui force and effect The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the sane shall in any manner APPROVED AS TO FORM: GAIL HUTTOil, City Attorney By: DeDuty C�ty '+ttorney 0� 3-0/f7 affect it<obligation on this bcnd,and it does hereby waive notice of any such char•extension,alteration or addition. In witness whereof,this instrument has been fully executed by 0-tee principal and surety above named,on March 27, ;g 97 PRINCIPAL LENNAR : S OF I ORN STATE OF CALIFORNIA ) By / Y CO'JNiY OF ORANGE ) SS SURETY THE AMERI � INSURANCE C MPANY By -V: -LQ VICTORIA M CAMPBELL, ATTO iEY-IN-FA ON i ►��� I�lq�1 BEFOREME, 2)-.:,kPr A'NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLYAPPEARED �11�1tI , K. PERSONALLY KNOWN TO ME(OR-PROVED-TO ME-eNii-1E-BM+S-@F SA-RSFAeTORYY- 1QDENGE) TO BE THE PERSON%WHOSE WvIEtiARE SU3SCRIBED TO THE VM'HIN INSTRUMENT AND ACKNOWLEDGES TO ME THATTHEtEXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON Ti E INSTRUMENT THE PERSO;n OR THE ENTITY UPON BEHALF OF WHICH THE PERSON:kACTED,DE-W ED THE INSTRUM-ENT. WITNESS MY HAND SIGNATURE MY PR^ CIPi.L PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ( r COUNTY Ike ke.Ir � (NAME PRINTED) IN COMMISSION EXPIRES -4 9—.D000 DEE BAKER _ Commisslon f 1 OMMI STATE OF CALIFORNIA ) -s Notary Public—CatKomta Orange County ) SS My Comm.Explres Apr 19,2000 COUNTY OF ORANGE ) PON ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY.APPEa,RED AND PERSONALLY K14OWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAtdES ARE SUBSCRIBED TO THE VJTHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIM 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 CRINTQD) My COAVM'SSION EXPf;zF.S 2 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 CAPAC 7.ES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. VVITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUS!NESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COt4MlSSION 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 W i HiN INSTRUMENT AND ACKNOWLEDGES T 0 ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACMES, 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 Skv STATE IN COUNTY (NA ,E PRINTED) MY COMMISSION EXPIRES 3 State of California . County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public , DATE NAME, TITLE OF OFFICER-E.G.. 'JANE DOE. NOTARY PUBLIC personally appeared Victoria M. Campbell *********** --1� NAME(S) OF SIGNER(S) ��- U personally known to me - M- ❑ to be the person(s,) whose nameM is/at subscribed to the within instrument and acknowledged to me that to/she/tbW executed the same in f /her/tfNNK authorized capacity(M), E � K. R. VIODS ��! - � and that byNtiis/her/bmbx signature(&3 on the instrument the C0MM. =1019554 g 'r;r �; r:ul,:�;v FusLIC CALIFORNIA o person( , or the entity upon behalf of which the person#) 5 � � oRA;4 E COUNTY k acted, executed the instrument. jj MY COMFISSION EXPIRES MAY 4, 1998 WITNESS my hand and official seal. 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) t ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ! ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE iNAME OF PERSON(S) OR ENTITY(IES) I GENERAL POWER OF ATM RINEY E AMERXAN INSURANCE COtLNAi Y KNOW ALL MEN BY THESE PRESE1-TS: That THE A.MERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20. 18-16,and redomcsticated to the State of'Nebraska on June I, 1990, and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint F ---VICTORIA M. CAMPBELL--- IRVIN- (7 its true an 1'awt Attoraey(s} in-Fact,with full power and authority he:cby confe red in its name,place and stead,to uce�te,scat,acknowledge and deliver any and all bonds,undertaking,reeogni=ces or other written obligations in the nature thereof -------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by dhe President, sealed with the corporate seal of the Corporation and duly attested by its Sec.ctary,hreby ratifying and confirming all chat the said Attorncy(s)-in-FaLt may do in the premiss. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMP.ANY now in full fore:and effect. "Ardde VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Mice Appearances. Section 45. Appointment. The Cbsdrmxn of the Board of Directors, the President, any Vice-Pmident or any other person authorized by the Board of Directors, the Chairman of the Board of Directors,the President or any Vice-President may, from time to time, appoint Resident Assistsnt Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporadon. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may ba revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAIN INSURkINCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been arxnded or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power, of attorney,or c-ertificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE A,MERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-P-esident,and its corporate seal to be hrcunto affixed this L S t day of June 19 C 0 THE AMERICAN INSUR-uuNCE COMP.A:NY BY Vic-2-aidcat STATE OF CA.LIFOR.NIA ss. COUNTY OF MARIN On this 1 cr day of Tr,T1 1900 'oefore me personally came R. D. Farnsworth to me;mown,who,being by me duly sworn,did depose and say:that he is Vicc-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above itutr mcnt;that he knows the seal of said Corporation:that the seal affixed to the said instrumcnc is such corporate seal;that it was so affixed by order of Lhe Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNL FSS WHEREOF,1 have hereunto set my hand and affixed my of ical seal,the day and year he:yin first above w inen. Ex 1 tU l I M I H IN 1IH111/t 1►H1I I iTttN rH eM tm71ItTTl� OFFICIAL SEAL r y 1. M. YANDEYORT y NOTARY PUBLIC•CALIFORNIA : Voury P�6 e 3 Principal Office in Marin County = My Cammrss;an Expires Aug. 28.1992 CERTIFICATE �tlrltlnNtlnuuHalmnsnnuullst+unxnnnn� STATE OF CALIFORINIA ss. COU-`+i f OF MARIN I,the undersigned,Resident Assistant Secretary of THEAtifERICAN INSURANCE COMPA Y,a NEBRASKA Corporation.DO HEREBY CERTIFY that the foregoing and attached POWER OF AT T OR-NEY remains in full force and has not been revokd;and furthcrmorc that Artic!c VII,Secrions 45 and 16 of the By-laws of the Corporation.and the Resolution of the Board of Direcors,act forth in the Power of Attorney,are now in`orce. Signed and sealed at the County of Mann.Dated the 27 th day of March /y 1997 360711-TA-6-90(REV) BOND NO. 111 3329 7983 PREMIUM$289.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Counon of the City of Huntington Beach,State of California,and LENNAR HOMES OF CALIFORNIA, INC. (hereinafter designated a;'principal')have entered into an agreement whereby principal agrees to install I and complete designated public improvements,which said agreemert dams 19 and iden5fied as project TR 4�15035 is hereby refeTed to and made a parlt hereof,and I WHEREAS,said principal is required under die terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and THE AMERICAN INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntinginn Beach,hereinafter caifed"+..ity',the penal sum of FORTY EIGHT THOUSAND ONE HUNDRED FIF]d&ars j$ 48, 150.00 ) lam%Iul money of the United States,forte payment of which sum w511 and truly to be made,we bind ourse!ves,our heirs,successors,executors and administrators,joirmtiy and severally,firmly by these presents. The condition of this obligation is such that ffthe 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 tw> r true intent and meaning,and shall indemnify and save harmless'City',tts officers,agents and eqioyees,as ttmer-'n stiptilated,then the obligation shall become null and void;otherwise it shall be and rennin in full force and effect As a part of the obligation secured hereby and in adftn to the face amount speabzd therefor,there shall be included costs and reasonable expenses and fees,includng reasorable atorney's fees incurred by"City in successfully enforcing sLwh oVigator.,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of 5me,alteration or addition to the terms of the agreement or to the work to be performed thereunder or time specifications accompanying the same shall in anywise affect its ob!1gations on this bond,and it does hereby waive notice of any change,extension of 5me,alteration or additon 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 March 27, 19 97 LENN HOM S OFFORN A INC / / / Principal By THE AMERICAN INSURANCE COMPAA%Urety sy VICTORIA M CAMPBELL By ATTORNEY—IN—FACT -APPROVED AS TO F'OE?„. CAIL HUTTOI1„ City Attorney BY: Deputy City Attorney 7 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON i C[J r! ( 19011 BEFORE ME, Dpr. A NOTARY_ PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ► t1 le +add act AND T-f lri-Sa �fY1�0 V1 PERSONALLY KNOWN TO ME(9 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AU T HORDED CAPACtTEo", 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 the 40MY P INCIPhL PLACE OF 3US!NESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY J Dee,.ga k2r (NAME PRINTED) VY CON MISSION EXPIRES DEE BAKER Commisslon#1OMI S T ATE OF CALIFORNIA ) s Notary Public—Canfomla ) SS Orange County COUNTY OF ORANGE ) My Comm.E)cpIres Apr 19,2000 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE B.4S!S OF SA;!SFACTORY 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 CAPACMES, AND THAT BY THEIR SIGNATURES ON THE INSTRVJENT 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 (,'&,"E PRINTED) AIY COA9ASSION EXPIRES . 3 State of California County of Orange On March 27 , 1997 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER-E.G.. •JANE DOE. NOTARY PUBLIC- personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- ❑ pro lo- max to be the person(s) whose name) is/anx subscribed to the within _ instrument and acknowledged to me that be/she/NW . r executed the same in /her/1?k K authorized capacity(M), K. R. V!ODES CO[Y1P,1. 1019554 � and that byAiis/her/t signature( on the instrument the .[ -i:•; P11SL1.C-CA !F0PNi„ person( , or the entity upon behalf of which the person ^RANGE OcuNTY ` acted, executed the instrument. �i !;'Y E::PIFES ►-v-��r-c--�-v-v-r--r-���+.-=r=:^`sue►=V-v-v WITNESS y hand and official seal. 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 ❑CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR MOTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) BOND N0. 111 3329 7983 PREMIUM included in Performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the C'ry of Huntington Beach,Stale of Cal'rfomia,and LENNAR HOMES OF CALIFORNIA, INC. (hereinafter designated as'Prindpal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement died 19 •and identified as project tr ff 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 worts,to file a good and sufficient,payment bard 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 aft contractors,subcon5actcrs,laborers,materialraen 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 TWENTY FOUR THOUSAND SEVENTY FIVE AND No/100ths dollars($ 24,075.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Uremployrnei t Insurance Act with respect to such work or labor,that said surety will pay the same in an amount rot exceeding the amount heeinabove set forth,and also In case suit is brought upon this bond,vAH pay,In aMt♦'on bo the face amount t'tereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by'Ciy'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&mood to file daims underT&15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to tt;ern or their assigns in any suit brought upon this fond. Should the conditicn of this bond be My performed,then this obligation shall become null and void,othervvise it shall be and remain in fvi 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 i',s Dbligation on;his bud,and it does hereby waive notice of any such change;extension,iteration or addition. In wRness whereof,this insmxnent has been fully executed by the principal and surety above named,on March 27, , ;g 97 PRINCIPAL LENN?i HOMES 9 CA FO NC. STATE OF CALIFORNIA By SS SURETY 4AME� RI N INSURA CE COMPANY COUNTY OF ORANGE ) By _0 -I n VICTORIA M CAMPBELL, A TORNEY—IN—FACT ON �, Drja ,, l BEFORE 1,AE, T ),Q P, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED &'Y!l ,Haddam PERSONALLY KNOVON TO ME(EIR TO TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THATVHqE Mfi-ED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONN OR THE ENTITY UPON BEHALF OF WHICH THE PERSONOACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY P INCIPAL PLACE OF BUSINESS IS'r t NOTARY PUBLIC IN AND FOR SAID STATE IN op— COUNTY /dr? (NAME PRINTED) MY COMMISSION EXPIRES 7DEE BAKER Commission#1086001 STATE OF CALIFORNIA ) -s Notary Public—Callfomla SS Orange County My Comm.Expires Apr 19,2000 COUNTY OF ORANGE ) �j ON BEFORE MF— NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KN01'dN TO ME(OR PROVW 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 1;kk'.E IN THEIR AUTHORIZED CAPACrIES, 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 SIGNATJRE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRWTQ.D) 'MY COMMISSION EXPIRES 2 State of California County of Orange On :March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER .E.G..'JANE DOE. NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - Qft- ❑ to be the person(s) whose nameM is/ara subscribed to the within instrument and acknowledged to me that :t1e/she/WW executed the same in l /her/tMX authorized capacity(►), 9 K. R. vioDr�; and that by�xio/her/dmbx signature M on the instrument the COMM. 1019534 ::E person(4, or the entity upon behalf of which the person*) z `: : .-'''y/ (nor , � ��e ! •C,gLIFDRriIA acted, executed the instrument. I ORANGE COUNTY i, MY CO.M.M.ISSION EXPIRES MAY 4. 1998 t WITNES y hand and official seal. a�� 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE,S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) GENER.kL • POWER OF ' A=R.`JEY THE A-MERIC.1:4 hNSURANCE CONMkNY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY.a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomaticttcd to the State of Nebraska on June I, 1990, and having its principal office in the City of Omaha.State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint ---VICTORIA M. CATBELL--- IRVIIC C� , its tn:e and eawt Artorney(s)-in-Faa,with full power and authority hereby conferred in its name,place and stead,to execute.seal,acknowledge and deliver any and all bonds,undertaking,reeognizaners or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the saute extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Sec.ctaty,hereby ratifying and confirming all that the said Attorrey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-iaws of THE AMERICAN INSURANCE COMPANY now in full forte and effect. "Artlde VU.Appointment and Authority of Resident Secrr Ties,Attorneys-in-Fad aadAgews to accept Legal Process had Mske Appezranact. Scctlon 45. Appointment- The Chairman of the Board of Directors. the President, any Vitt-Prtssident or any other person authorized by the Hoard of Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and Attorneys4n-Fact to rtprtsent and act for and on behalf of the Corporation and Agents to accept legal proctiss and mate appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fad and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to mAke such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE A,MFRICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any ce--tiftcate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or c.-ttit:cafe bearing such faaintile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE AIMFRICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,and its corporate seal to be hereunto affixed t:is )St day of .iur.e 19 90 THE AERICAId INSURANCE COMP.q:YY -M By Vice?raidcat STATE OF C.k.L!F OFLNI.st ss. COUNTY OF,1La RI N On this 1 et day of Tuna 19 QQ before me personally came R. D. Farnsworth to me known,who.being by me duly sworn,did depose and say:that he is Vice-President of THE A-MERICAII INSURANCE COMPANY,the Corporation dcscibed in and which cxea:ted the above instrument.that he knows the scat of said Corporation:that the seal affixed to the said irutnfinent is such corporate scat:that it was so affixed by order of Lhe Board of Direcors of said Corporation and that he signed his name thereto by like order. LN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year`ter yin first above wnrco. �tttuuHtttn+lt+4tattt�ttmname+nrnrnrmtttt OFFICIAL SEAL r / J. M. VANDEYORT NOTARY PUBLIC CALIFORNIA ovary P.+blic Principal Office in Marin County S Mr C&mrrhs;on E:oirtt Auq. 28. 1992 CF�2TIFICAI"E ttm►trrr�nnurr►sa4nurtnnutrr�urtnrnurnnri STATE OF CALIFOR_NIA ss. COUNF Y OF MARIN I,Lbe undersigned,Resident.•+.ssistant Secretary of THEAS ER1C.-%1N INSURANCE COMPANY.a NEBRASKA Corporation.DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTOR-NEY remains in f till force and has not been revoked:and fur-the-more hat Artic!e Vil.Set ions 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors:s_-t forth in the Power of Attorney,are now in force. Sigacd and scaled at the County of`larin.Dated the 27 th day of March 1997 '60111-TA-6-W(RED') SCNO NO. 111 3329 8007 PRRIIUM $249,00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Counc+l of the City of Huntington Beach,State of California,and LENNAR HOMES OF CALIFORNIA, INC. (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 TR #15036 ,is hereby referred to and made a part,hereof,and WHEREAS,said principal is required under Me terms of said agreement to fattish a bond for the faithful performance of said agreement Now,therefor,we,the pdrtro and THE AMERICAN INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'CV,the penal FORTY ONE THOUSAND FOUR HUNDRED dotiars(g4I,425.00 ) sumof TWF-NTY ETVR AND Nn1lQnrha ------- laMui money of the United States,for the payment of which sum wsll and truly to be made,we bind ourselves,our heirs,su=ssors,executors and administrators,jointty and severally,firmly by tftese presents. The condition of this obligation is such that;the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in as things stand to and abide by,and well and truly keep and perform the covenant condit and provisions in the said agreement and any alteration thereof made as therein provided,on his or ttteg part,to be kept and performed at the time and in the manner therein specified,and in all respects according to teir true intent and meaning,and shall indemnify and save harmless'City',t officers,agents and a iooyees,as t)eren s*.;prlated,then this obligation shall become null and void;ctherwise it shall be and,remain in full force and effect As a part of the obligation secured hereby and in additon to the face demount spec&d therefor,there shall be included costs and reasonable expenses and fees,including reasonable atfowy's fees incurred by"City in s.,ccessfully enforcing such obigatior.,all to bs taxed as costs and included in any Judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time,aleration 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 tme,alteration or addition to the terms of the agreement or to the worst or to the specifications. In witness whereof,this instrument has been duty execuieed by the principal and surety above named,on March 27th 18 97_ LENNAR HOME OF CALL , principal %sy THE AMERICAN INSURANCE COMPANYas Surety By VICTORIA M CAMPBEtL By ATTORNEY—IN—FACT City Attorney EY:, Deputy City Attorney S� 7 2 FF State of California County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER -E.G.,'JANE DOE. NOTARY PUBLIC- personally appeared Victoria M. Campbell *********** NANIE(S) OF SIGNERS) ❑ personally known to me - Oft- ❑ to be the person(s) whose name( is/ara subscribed to the within instrument and acknowledged to me that :be/she/tbW ,. K. R. V►ODES executed the same in l /herI Y, authorized capacity(M), CONIPV1. 1C19554 and that byxtgk/her/tc signature( on the instrument the 1J01n:i'f PU3_l�•C=.�'i^vRtil.4 Z oRAIN;E COUNTY personM, or the entity upon behalf of which the personal MY E>.. rs MAY 4. isc. acted, executed the instrument. WITNES my hand and official seal. �4vt6t� 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) i ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) CN Y1� a, 19 j ,BEFORE ME, wee_ g2Ke Y" _ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 6-Y� K- �-I A<-)(A AND T12x1�,S a P I nfo PERSONALLY KNOWN TO ME( N�fE BA5t3 BFSATISf�"t�9f�Y�EEl+1S� 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. VOTNESS MY HAND SIGNATURE Ct�'��'� MY P NCI PAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ( rg�. COUNTY Dtz �a (NAME PRINTED) MY WO MISSION EXPIRES `t-lcl-acoo DEE BAKER Commission#1086001 STATE OF CALIFORNIA ) Notary Public Orang County mla } SS COUNTY OF ORANGE My Comm.Expires Apr 19,2000 - ) 014 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) &Y CG FISSION EXPIRES 3 BOND NO.11 1 3329 8007 PREMIUM included in performance bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,Sta`e of California.and LENNAR HOMES OF CALIFORNIA, INC. (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 projectTR #1503 6 is hereby referred to and made a part hereof,and VVHEREAS,under the terns of said agresrnert,principal is required before entering upon the performance of the work,to file a good and suffrcfent payment bond wfth the City of Huntington Beach to secure the claims to which reference Is made In T*e.15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the Sate of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all cordracters,subcongactcrs,laborers,material men 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 TWENTY THOUSAND SEVEN HUNDRED THIRTEEN AND NO/100ths dollars($ 20,713.00 ),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,v4 pay,In a6chon to the face amount thereof,costs and reasonable expenses and fees,including reasonable atlomey's fees,incurred by'C t in successfully enforcing such ebliga5on,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 snd corporations entitled to file claims underT&15(commencing with Section 3082)of Part 4 of Division 3 of tta Civil Code,so as to give a right of action to them or Olej assigns in any suit brought upon this fond. Should the condition of this bond be fully perfonmd,then this obligation shall become null and void.otherwise it shall be and remain in V force and effect The surety hereby stipulates and agrees that no change,emnsbn of time,alaraticn or addition to the terms of said agreement or the specifications accompanying the same shall in any manner I affect iL obligation on this bald,and it does hereby waive notice of any such change,extension,aatcration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on March 27, 19 97 PRINCIPAL LENNAR/HOMES F A INC. Bye STATE OF CALIFORNIA j SS COUNTY OF ORANGE ) SURETY TH�AMtRIYAN INSURANCE COMPAN By �Olen, VICTORIA M CAMPBELL, ATTORNEY -IN—FACT ON7�1)riI Q I`��� BEFORE ME, DP-2, ga�'2✓ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 6 YYl► I f- k 4H2ac dad -ate PERSONALLY KNOWN TO ME(DR-PR [e-9FS{tTISFACTBRYtVIDENG-E) TO BE THE PERSON$WHOSE NAME$ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THATViEFDT-Ct1TED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SiGNATURE4ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED,EXECUTED THE INSTRUMENT. APPROVED AS TO FORI.f: GAIL F.UTTON,, City Attorney WITNESS MY HAND BY: Debut City Attorney SIGNATURE ( L�2P, t MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN raVG.,P— COUNTY De.� gak2 r (NAME PRINTED) IN COMMISSION EXPIRES 0 DEE BAKER Commission#1086001 STATE OF CALIFORNIA ) .��' Notary Public—California Orange County SS My Comm.Expires Apr 19,2000 COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVE TOME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECU T ED THE SAMIE IN Tl7E1R AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH ITIE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAUG PRINTED) MY COMMISSION EXPIRES 2 State of California County of Orange On ifarch 27, 1997 before me, K. R. Viodes, :Votary. Public DATE NAME, TITLE OF OFFICER -E.G., 'JANE DOE, NOTARY PUBLIC personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- ❑ to be the person(s) whose name) is/am subscribed to the within instrument and acknowledged to me that ,be/she/tbW executed the same in } /her/tfiNK authorized capacity(►�'�), =� K. R. VIODES and that byes/her/tfmbx signature r on the instrument the �.'r} COi�li14. ;11019554 �.--.. w ncr„:7 c, :c CALIFORNIA person M, or the entity upon behalf of which the person s s cRa,,2E COUNTY N acted, executed the instrument. ]I r,:Y CGIAMISSION EXr1HS MAY 4, 1998 WITNESS my hand and official seal. 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL MATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARD IAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) GENEILAkL • • POWER OF ATM RNEY THE AMERICAN INSURANCE CONMkNY KNOW ALL MEN BY THESE PRESENTS: 733t THE AMERICAN INSURANCE CONIPANY,a Corporation incorporated under the laws of the Statc of Nev+Jersey on February 1-0. 1846,and redomcstintcd to the State of Nebraska on June 1. 1990,and laving its principal office in the City of Omaha.State of Nebraska,has made,constituted and apparnted.and does by these presents make,constitute and appoint ---VICTORIA M. CAHPBELL--- IRVIVZ ;� , its true an 1'awt Attorncy(s} ri-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,scat,acknowledge and deliver any and all bonds,undertaking,reeognizances or other written obligations in the nature thereof --------------------------------------- and to bind the Cotporado❑ thereby as fully and to the same extent as if such bonds were signed by the ?resident, scaled with the corporate seal of the Corporation and drily attested by its Secretary.hereby ratifying and confirming all that the said.AnotTey(s)-in-Fact may do in the prrnises. This power of attorney is granted pursuant to.Article V11,Sections 45 and 46 of By-laws of THE AMERICAld INSURANCE COMPA.*lY now in full force and effect. "Amide VIL Appointment and Authority of Resident Secxraries,Atiorneys4a-Fact and Agents to accept Lcgal Process and Make Appearances. Section 45. Appoiatmeat. The Chairman of the Board of Directors, the President, say Vice-President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or say Vice-President may, from time to time, appoint Resident Assistant Secretaries and Attorneys.is-Fic%to represent and act for sad on behalf of the Corporation and Agents to accept Iega1 proms and make appearances for and on behalf of the Corporation. Section 46.Anthority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fad and Agents shall be as prescribed in the instrument eyideodng their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AlyffiRICAN INSURANCE COMPAINY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any ce,-tificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or ce tincate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE,s MERICA,`I INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed t!ts 1st day of June 19 90 THE AMERICAN INSURANCE COMP.A:-IY By vie Pr�iCc.:t STAinn OF CAL i?C?NIA ss. COUNTY OF MARIN On this 1 c r day of T,.n- 19 0Q before me personally rnme R. D. FarnSwonh to me known,who.`_eing by me duly sworn,did depose and say:that he is Vice-Preside.^.t of 1 HE.AMERICAN INSURANCE COMP.A.�IY,the Corporation described in and which executed the above instrument:that he knows the scrl of said Corporation;that the seal affixed to the said instrument is such corporate seal:that it was so a.,fixed by order of the Board of Dirtxors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year heron first above wrirten. �t r<u a Ns to rs+i sans to tt t sesa t tm*at m errs tTmt tetra■ OFFICIAL SEAL l / J. M. YANDEYORT NOTARY PUBLIC-CAL!FORNIA _ i'iblie Frincipal Office in ,Marin County _ -LAY C&rnmks;on Expires dva. 28. 1492 CERIIFZCATE itrnHssnnnuusisatmusnnuus+ussnrttrnnm� STATE OF CALIFORNIA SS. COUNTY OF M.ARIN I.the undersigned,Resident Assistant Secretary of THE AbfERIC.AN INSURANCE COtitP.A1.tY,a NEBRASK A Corporation.DO HEREBY CERTIFY that the foregoing and at:.ached POWER OF ATi OR-N-EY rcmaitu in full force and has not been.evoked:and furthermore that Article VII.Ser...ions 45 and 46 of the By-laws of the Cot;cration,and the Resolution of the Board of Duxors:set forth in the Power of Attorney,are now in force. Signed and scale:at-.he County of Mar.n.Dated the 2 7 th day o f March 1997 �,,�`,r ��i�%�� Cam• 360711-TA-6-90(RE`') ATTACHMENT 311 BONDNO. 111 3329 7975 PREMIUM $100.00 MONUMENTSOND KNOW ALL MEN BY THESE PRESENTS: THAT LENNAR HOMES OF CALIFORNIA, INC. as Subdivider of Tract No. 15034 in the City of Huntington Beach,County of Orange,State of California,has submiftd to said Crty a Final Map of said tract containing an engineaes or surveyors certificate stating that all final monuments w9l be set in the positions indicated on or before the date specified in said certificate: Thatsaid LENNAR HOMES OF CALIFORNIA, INC. (Subdivider) as principal,and THE AMERICAN 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 trait,as are not already set prior to the recording of said Final Map,in accordance with said map and said certinc<ee 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 io the City of Huntington Beach,all in accordance with and subject to the terra,conAons and provis"of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 2 7 th day of March �g 97 LENNAR HO S OF CAL Z �IA I �� as Principal ByCA THE AMERICAN INSURANCE OMPANY A 29 Surety By: tft�. VICTORIA M CAMPBELL By: ATTORNEY—TN—FACT r AP?rPep ^0 F�O� ,:{��:�__ GAIL Or? n ttcrney By:. ity Attorney • • STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON�Ipr�I , (99 BEFORE ME, I��e,BakP.r A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED Fills if . =d ad AND -Tf�r�.I-esa ��i'n4-b -) PERSONALLY KNOWN TO ME(9R=RRr0VE040VE-}�-E=BASIWF ; R-*Fc AFEAE9 TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE VOTHIN INSTRUMENT A4 D ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE KJSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE IXCD t' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN O ravAQ-0- COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 4-C 9—Opw DEE BAKER _ Commission#1OMM1 STATE OF CALIFORNIA ) Notary Public—Ca9fomla Orange County SS My Comm.ExpUes Apr 19,2000 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 1-HE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACMES, 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 COU' l'Y (NAME PRINTED) MY COhi%AlISSI0N EXF;RES 'State of California County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME, TITLE OF OFFICER-E.G., 'JANE DOE. NOTARY PU8LIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) 0 personally known to me - OR- ❑ to be the person(s) whose name( is/at subscribed to the within instrument and acknowledged to me that te/she/tbW executed the same in } /her/#rdlK authorized capacity(P&%), K. R. VioDEs and that bytiWher/tfabx signature i on the instrument the C\IC\i 6VJ . o ;.-.�J� ;:; COV1 Y1 ;r 1019554 person, or the entity upon behalf of which the personal -•. �,IOT?,:RY PliE!IC CAI I=ORrIIA G ORANGE COUNTY ri k acted, executed the instrument. II my Co',I'ISSION EXPIRES N.1Y 4. 1998 r WITNESS y hand and official seal. I kuodjeo 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑x ATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) GENERILL • POWER OF ATTOR-NEY THE AMERIC,ktN LNSURAINCE COMPANY KNOW•ALL.f EN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the!aws of the State of New Jcrscy on February 20. 18-16,and redomesticated to the State of Nebraska on June I, 1990. and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint ---VICTORIA M. CAMPBELL--- IRVI`3= CA , its true an�fawiuTAttorncy(s}in-Fact,with full power and authority hereby confmcd in its name,place and stead,to execute,soil,acknowledge and deliver any and all bonds,undertaking,teeogrd=ces or other-riacri obligations in the nature thereof -------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the Praidem. sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorrcy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Artic!e VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fore:and effect. "Ardde VII.Appointment and Authority of Resident Secretaries,Atforucys-fn-Fact and Agents to accept Legal Process and Make Appeanncrs. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-Prrsident or any other person authorized by the Hoard of Directors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident AssinAnt Secretaries and Attorneys4n-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearznees for and on behalf of the Corporadon. Seedoa 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been anxnded or repealed: '•RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be of fixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate re!ating thereto,by facsimile, and any power of attorney,any revocation of any power of attor•.tey,or certiticate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate saal to be hc.tunto affixed this 'S`: day of June !9 90 �'• THE AMERICAN INSURANCE COMP.A.NY By �'ix Praidcnr STAi cc OF C.A_L.'FOPUNIA ss. COLN=OF MARIN On this i yr day of Ti in.- 19 CO before me personally came R. D. F arllsworth to me knows,who,icing by me dully sworn,did depose and say:that he is Vic.;-President of THE AMERICAN INSURANCE COMP.ANY,the Corporation described in and which executed the above instr meat;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal.that it was so of fixed by order of Ulm Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and of fixed my official scat,the day and year herein first above wrirten. �t tu14"I"b"1t.Nt to t t I"21FT1 Nr"tH 4"M trMW . M.VIAL SEAL/ J. M. YANDEYORT _ NOTARY PUBLIC•CALIFORNIA Notary Pvbuc Primipsl Cffice in Marin County = Mr Crarnmiss;an E:pirrs dues. 29.1992 CERIIFZCAlE itntt�ntinnuu►s�aanuunnuuttu+unttntnnt� STATE OF CALIFORNIA ss. COL-",=OF MARIN I,the urdersigned,Resident AssistantSecretaryofTIHEAMERICANIi1SURANCECOMPA:V'Y•a NEBRASKA Corporation.DOHEREBYCERTI'ryt at tie foregoing and attached POWER OFAT OR 7EY remains in full forte and has not been revoked,and furthermore that Arric!e VII.Sec-ions 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors.set forth in the Power of Attorney,are now in force. Signed and scaled at the County of Marin.Dated the 2 7 th day of :larch l99 7 J•••Cr•�.-!r A=dC (Aisutant.S -m ry 360711-TA-6-90(RED•) • BOND NO. 111 3329 7991 PREMIUM $100.00 MONUMENTBOND KNOW ALL MEN BY THESE PRESENTS: THAT LENNAR HOMES OF CALIFORNIA, INC. as Subdivider of Tract No. 15035 in ff-e City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final flap of said tract containing an engineers or surveyors certificate stating that all final monurnants will be set in the positions Indicated on or before the date specified in said certificate: That said LENNAR HOMES OF CALIFORNIA, INC. (Subdivider) as principal,and THE AMERICAN INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of ft cost of setfzng ail such monuments within or in connection with said trait,as are not already set prior to the recording of said Final -Map,in accordance with said map and said ceNncate up to but not in excess of the sum of THIRTEEN THOUSAND SEVEN HUNDRED FIFTY AND No/100ths $ 13,750.00 in which sum we are held and timely bound to the City of Huntnpri 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 tNs instrument this 2 7 th day of March 19 97 LENNAR HOME OF ALIF I INas Principal B v B 6y. t2 101 THE AMERICAN INSURANCE COMPANY im Surety By: V4TR IA i CAMPBELL 40JL By: ATTORNEY—IN—FACT r <<7 ^iv_.� _ 1 A ey Y :.,1t y City :i orne STATE OF CALIFORNIA ► SS COUNTY OF ORANGE } ON AN)r1 a , i991 .BEFORE ME, 4P a n V' A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEAREDlU l( , 4 JO D c[ AND T 1P 1'•-FS A PERSONALLY KNOWN TO ME 3 f'EfY��Mi�N iEBASIS�F A SFACTCRY-ElADEN eq 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 fNSTRUMENT THE PERSONS,OR THE ENTITY UPON BERALF 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 cou! TY T)PD -P)a'JJK,2,.y- u (NAME PRINTED) MY COMMISSION EXPIRES��a� DEE BAKER Commission#1086001 STATE OF CAUFORNIA } -d Notary Public—California Orange County j SS My Comm.Dplres Apr 19,2000 COUNTY OF ORANGE ON BEFORE ME, A NOTARY PUBLIC IN AND r"Oft SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EV)DENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WffHIN 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 Ml'PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAJD STATE IN COUNTY (NAME PRINTED) MY COMMISSION ED'IRES State of California County of Orange On March 27, 1997 before me, K. R. Viodes, Notary. Public DATE NAME. TITLE OF OFFICER -E.G.. 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known to me - M- ❑ to be the person(a) whose nameM is/am subscribed to the within instrument. and acknowledged to me that be/she/tic executed the same in Mgt/her/MY, authorized capacity(M), K. R. VIODES and that byAii6/her/tmbx signature(� on the instrument the COMIM. =10190-54 person( , or the entity upon behalf of which the person') ORANGE COUNTYacted, executed the instrument. WITNESS my hand and official seal. 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 ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) GENMALL • POWER OF ATTORNEY THE A.`iERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PREScNTS: That THE A.MERICAN INSURANCE COMPANY,a Corporation incorporated urccr the laws of the State of New Jersey on February 1-0. 1846,and rcdomcstieated to the State of Nebraska on June I, 199'0, and having its principal oiPlcc in the Gty of Omaha,State of ,Nebraska,has made,constituted andappaintcd,and does by these presents make,constitute and appoint ---VICTORIA M. CA2'1PBELL--- IRVIN , its true an )'awttAttorney(s)in-Far,-.with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and de!ivr,nay and all bonds,undertaking,recognizances or otter written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and dully attested by its Se:-ctary,hereby ratifying and confirming all that the said Attorrcy(s)-in-Fact may do in the pre wises. This power of attorney is granted pursuant to Article`1I1,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPAINY now in full force and effect. "Ardde VU.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact sad Agents to accept Legai Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the 3oird of Dlrectors, the Chairman of the Board of Directors, the President or any Vice-President may, from time to time, appoint Resident Assistant Secretaries and Artorneyria-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretsrict,Attorneys-in-Fact and Agents shall be as prescribed in the insummsent evidesdng their appointment.Any such appointment and all authority granted thereby may be revoked at say time by the Board of Directors or by any pcma empowered to ms.ke such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AIMERICAIN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate re!ating thereto.by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE ANMERICAN INSURANCE COMPA,1IY has caused these presents to be signed by its Vice-President,and its corporate scat to be he.-unto affixed this 1 S` day of June . 19 90 THE AIMERICAN INSURANCE COMPANY �« ,''e °-- By Vis7raidc+t S TAinn OF CALF ORINIA S.S. COUNTY OF MARIN On this 1 e t day of T,tT? , 19 On before me personally came R. D. Farnswonh to me known,who,being by me drily sworn,did depose and say:that he is Via-President of THE A-MERICA*1 INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the scat of said Cot roration:that the seal affixed to the said itsst^sment is such corporate seal:that it was so aifixed by order of the Board of Directors of said Corporation and that he signed his name thereto by Like order. LN WITi 1FSS WHEREOF,I have hereunto sct my hand and affixed my official seal,the day and year bercn first above w-rincn. fN 1 to 11 H 1 H M11 111""11 rTTeM r"tm tTTrti I tT11• OFFICIAL SEAL J. M. YANDEYORT NOTARY PUBLIC-CALIFORNIA Vatuy P�OGe 3 Pri-%ipsl Office in Marin County = Mr C&mmi scan E:pirei Aug. 28,11492 CERTIFICATE fit1l/HHM„ntlli►wtni i i t t itl i i i 1 N l i i i i t 1H1111111 i'm STATE OF CALIFORNIA ss. C0T,N Y OF MARIN I,the undersigned,Residcat Assistant Sc-.ctary of THE ANNfERICAPi INSURANCE CO.SP.ANYY,a NEBR.-\SKA Corporation.DO HEREBY CERTlr:'Lhat the foregoing and attached POWER OF ATTOR-NEY remains in full fora and has not b«a revoked;and fur hcrntore that Article VII.Sections 45 asd 46 of c By-laws of the Corporation,and the Resolution of the Board of Dir=ors;sct forth in the Power of Attorney,are now in f orcc. Signed and scaled at the County of hiarin.Dated the 27 th day of March lq9 7 `".7 '•.,�i'to�f rZ mdcat A•a•••^t xC ct r 3450711-TA-6-90(RED") BOND NO. 111 3329 8015 PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT LENNAR HOMES OF CALIFORNIA, INC. as Subdivider of Tract No. 15036 in the City of Huntington Beach,County of Orange,State of California,has submtted to sad City a rural flop of said tact contaning an engineees or surveyor's certificate stating that all final monurnants will be set in the positions indicated on or before the date specified in said certificate: That said LENNAR HOMES OF CALIFORNIA, INC. (Subdivider) as principal,and THE AMERICAN 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 trait 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 TEN THOUSAND TWO HUNDRED FIFTY AND NO/100ths-- $ 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 terns,conMons and provisions of Article 9,Chapter 4 of Lhe Government Code of the State of C$fomia. IN WITNESS WHEREOF,we have executed ttus instrument this 2 7 th day of March 97 LENNAR H9k E'I S bF CA RN A, C. as Principal APPROVED AS TO FORM: GAIL HUTTO ,-, City Attorney BY j By: Deputy City Attorney By' THE AMERICAN INSURANCE COMPANY As Surety By: U [�" T4 OD"Lk&. VICTORIA M CAMPBELL By:ATTORNEY—IN—FACT STATE OF CALIFORNIA SS COUNTY OF ORANGE } ON )Y i I a, la q _,BEFORE ME, T10P L_J�kP A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED f_L)1l I.Q K. 1, 3t� AND -PQ)Y'1i6yti PERSONALLY KNOWN TO ME j6RRR0VEfj3{3:ME-ON-THE BASIS-OF SATISFA£T-DRY r--VDENCE) 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 NSTRUMENT THE PERSONS,OR THE ENTRY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE U .0 f . ' � MY P C1PAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ra q,�L— COUNTY Dc e 2ake_,� (NAME PRINTED) MY COMMISSION EXPIRES I cl r,—. — — — — DEE BAKER Commission#10MW1 STATE OF CALIFORNIA ) -s Notary Pubflc—CaMomia Orange County COUNTY OF ORANGE My My Comm.E;Vhm Apr 19.2000 - ) 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 SATiSFACTORN'EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHN 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 EN MI UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE M)'PRINCIPAL P I LACE OF BUSINESS S NOTARY PUBLIC IN AND FOR SAID STATE IN COUI IY (NAME PRINTED) MY COMMISSION EXPIRES