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HomeMy WebLinkAboutTract Nos. 14659 & 14978 (Sherwood) - substitution of Bond & City of Huntiniaton Beach • P.O Box 711 CALIFORNIA 92648 . TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L.FREIDENRICH CITY TREASURER September 16, 1999 CERTIFIED MAIL American Motorists Insurance Company c/o Lou Jones & Associates 7470 N. Figueroa St. Los Angeles, CA 90041 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on July 6, 1999, approved the release of the following bonds: ��d' 6 6 Tract# 14659 Faithful Performance and Labor&Material Bond No. 3SM90898800 Monument Bond No. 3SM90898900 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. reidenrich, CPA, CCMT City Treasurer Enclosures cc: Lyon Shores#116, L.P. P4 Box 7520 Newport Beach, CA 92660-7520 Bob Beardsley,Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:'.Denine'Shari'%Letters\Bond Lt32 r ..r+u 0 � 1 1 SHERWOOD f t M - ..... 1 / ! Prepared By: Hunsaker & Associates s i mumv ' I / / Irvine, Inc. � Planning•Engineering•Srr rvr>ing q / Three Hnghr.. Irvine. CA 92718(714)583-Iota i e I Prepared For: i S PLC Land Company .23 Corporate Plaza, Suite 25o Newport Beach. CA 92660 ; I N (714) 721-9777 ' I v ATTACHMENT 2 American Motoril Insurance Compaty nmPeR. FIRST TERM PREMIUM FULLY EARNED Bond Number : 3SM 908 990 00-A Premium (One Year): $ 0.00 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Lyon Shores #116, LP as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the state of California hereinafter called the Surety, are held and firmly bound unto City Of Huntington Beach in the sum of Eight thousand, five hundred fifty six and no/100 DOLLARS ($8,556.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, on the day of June 1997, the said principal entered into an agreement to the Obligee for Tract 14978, Improvements WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of One Year year(s) from and after the date of completion and acceptance of same. i NOW, THEREFORE, If the said Principal for a period of one year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: May 25, 1999 Lyon Shores#116, LP American Motorists Insurance Company (Principal) (Surety) By: By: �Ik lliam J.Shupper, Attorney In Fact G_:i 0 DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES, PO BOX 41375,7470 N.FIGUEROA ST., LOS ANGELES,CA 90041 PHONE(323)257-8291 •FAX(323)256-7218 Maintenance Bond- 11-02-98.dot I.:ALIFORNIA ALL-PURP& ACKNOWLEDGMENT • Na 5e0; State of California Coun�tty� of Orange - On I I l before me Kathy Sampson DATE NAME.TITLE OF OFFICER•E.G..'JANE DOE.NOTARY PUBLIC' personally appeared 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 ac- OFFGU SEAL knowledged to me that he/she/they executed @My KATHYSAMPSON NGTARYPUBLIC-C.AUFORNA mthe same in his/her/their authorized COMMISSION#1210M. CORANGE COUNTY + capacity(ies), and that by his/her/their Commission Exp.FW9.>i=11 t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand an fficial seal. IGNATURE 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 1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITI.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.,P.O.Box 71 S4•Canoga Park,CA 91309-7164 10 MR" State of California County of Los Angeles - On !� before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and official seal. UV (SIGNATU E OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) CIA+' % 90, ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ' Recorded in the County of orange, California Recording requested by, Gary L. Granville, Clerk/Recorder and when recordedreturn to: IIIIII IIIIIIIIIIIIIII IIII��IIIIIIIIIIII111111111111111IIIIIIll No Fee Connie Brockway,City Clerk 19990585120 09;27am 08/11/99 Office of the City Clerk 005 15017263 15 48 CITY OF HUNTINGTON BEACH A04 1 6.00 0.00 0.00 0.00 0.00 0.00 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 June 16, 1999, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory I r and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. a� Further, the public improvements for the subdivision(s) have been dedicated to the City ICF of Huntington Beach, as described on Final Map No. 14659. iyF Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Golden West Street, the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and fhe foregoing iaru en nWsaw�jhe dedicated easements. bopy of the original on file in this office. Attest 3 19 -" CONNIE ROCKWAY City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California. By ,��1 P_ Deputy CITY OF HUNTINGTON BEACH This document is sofely for the officlal business Of the City of contem- by: City Engineer 1u�.le' Code Sec. G i oa and z1hould be recorded free of charge. by: tity Attorney ti 35191 Icy TaX-Exempt=Government Adolf CITY.or-f-ll.N-riN,--€sal ACi� Conn` ®rocimay,City C1'r gY' uty City-Clerk I C itv of Huntington Beach • P O BOX 711 CALIFORNIA 92648 7 TELEPHONE 714 536.5200 FAX 714 374.1603 $HART L.FREIDENRICH . CITY TREASURER September 16, 1999 CERTIFIED MAIL American Motorists Insurance Company c/o Lou Jones & Associates 7470 N. Figueroa St. Los Angeles, CA 90041 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on July 6, 1999, approved the release of the following bonds: ��Qa•(o6 Tract# 14978 Faithful Performance and Labor& Material Bond No. 3SM90899000 Monument Bond No. 3SM90899100 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, qShariL. reidenrich, CPA, CCMT City Treasurer Enclosures: cc: Lyon Shores#116, L.P. PO Box 7520 Newport Beach, CA 92660-7520 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:'.pen ine,Shari'.Letters,Bond Lt33 d� Recording requested by, and when recorded return to: Recorded in the County of Orange, California ! Gary L. Granville, Clerk/Recorder Connie Brockway,City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee Office of the City Clerk CITY BOx 190 2 00 Main Street BEACH 005 11013337 ,�9990526@5@ 4;25pm 07/16/99 P.O 27 Huntington Beach,Ca. 92648 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 (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 June 16, 1999, 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. 14978. �r Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Gothard Street, the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and appurtenances within the dedicated easements. This document is solely for the TaxcOwmpt-Govemmsnt Ag®ncy official business of the City CITY OF HI.DNTINGTON BEACH of Huntington Beach, as contern- - C nie Brockway.City Clerk plated under Government Come Sec. 6103 and should be recordied B . free of charge. putt'City Cler CITY OF HUNTINGTON BEACH by: City Engineer The foregoing instrument is a correct copy of the original on file in this office. Attest 19—ff by: bty Attorney ` ROCKW Y 6/f City _Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, Calif By Depujy QTY OF HUNTINGTON BEAC j—r MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER: PW 99-059 Council/Agency Meeting Held: DZppret5 rred/Continued to: ❑ nditionall Ap roved ❑ Denied Y��l7y C Clerk's Signature Council Meeting Date: July 6, 1999 Department ID Number: PW 99-059 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS ` ={ SUBMITTED BY: RAY SILVER, City Administra}o �� PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works - SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14978 AND ACCEPT THE PUBLIC IMPROVEMENTS. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Lyon Shores # 116, L.P., the developer of Tract No. 14978,located at the southwest corner of Gothard Street and Ellis Avenue has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the f Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No.- . 14978 and, 2. Release the Faithful Performance/Labor and Material No. 3SM 908 990 00 and Monument Bond No. 3SM 908 991 00 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 3SM 908 990 00-A; 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, Lyon Shores # 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Co., of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. L �� Alternative Action(s): Deny the recommended action. Analysis: On January 16, 1996, the City Council approved Final Map No. 14978 and accepted bonds as the securities furnished for faithful performance, labor and material, and monuments. The developer 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 Calif. Government Code Section 66499.79(a). Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Gothard Street, the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and appurtenances within the dedicated easements. 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. Calif. Government Code Section No. 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 Maintenance Bond No. 3SM 908 988 00-A as security. Following is a list of project data: Developer: Lyon Shores # 116, L.P., P.O. Box 7520, Newport Beach, CA. 92660-7520 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Southwest corner of Gothard Street and Ellis Avenue Lots: 29 Acreage: 24.022 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 Maintenance Bond No. 3SM 908 990 00-A 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby Tr 14978 rca -- 06/17/99 11:05 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: .�21�I/ �`�, M'9 TO: ZYQ/✓ u5/1 d Y?x5 ATTENTION: Nam DEPARTMENT: Str�ee/ 9a 6.1e- /Y ea'001�e- REGARDING: TiACT 14Z 5?71 City,Sta ,Zip AeCe���� d/' �Z�,E�/c ���/�✓e/yl�� See Attached Action Agenda Item�� Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Rem �,D —Z2fG /l e�Plfl'Qi �i�4hFlG�- A'W'DeC3'1�l"elc Connie Brockway City Clerk �� 90 aid /'/l0, CJrr2eX7 Attachments: Action Agenda Page V, Agreement Bonds Insurance RCA Deed Other CC: &Lx'&6 "�"q N e D ment RCA / Agreement Insurance Other /e % De ment / RCA Agreement Insurance Other" t/ � Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date G:Followup/coverltr (Telephone:714.536.5227) (10) 07/06/99 - Council/Agency Agenda - Page 10 E-7. (City Council) Approve the Release of Securities for Tract No. 14978 and Accept the Public Improvements — Lyon Shores—s/w Corner of Gothard Street & Ellis Avenue— (Holly-Seacliff Specific Plan) (420.60)— 1. Accept the improvements constructed and dedicated for public use with Tract No. 14978; and 2. Release the Faithful Performance/Labor and Material No. 3SM 908 990 00 and Monument Bond Nd. 3SM 908 991 00 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Maintenance Bond No. 3SM 908 990 00-A; 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, Lyon Shores No. 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists 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. Submitted by the Director of Public Works Funding: N/A. [Approved 6-0-1 (Garofalo absent)] E-8. (City Council) Approve Plans & Specifications and Authorize Advertisement for Bids for the Truck Wash Facility at the Water Operations Yard —CC-1097—Approve Sample Contract (600.80) — 1. Approve plans, specifications and authorize the Director of Public Works to solicit bids for construction of the Truck Wash Facility at the Water Operations Yard, CC-1097; and 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. Submitted by the Director of Public Works Funding Amount: $157,400. [Approved 6-0-1 (Garofalo absent)] E-9. (City Council) Accept Remedial Repairs of Arterial Streets and Approval to File the Notice of Completion — MSC 402—Hardy and Harper, Inc. (600.90)—Accept these remedial street repairs completed by Hardy and Harper for a final contract amount of $195,849 and authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. Submitted by the Director of Public Works (Edwards Street/Magnolia Street/Hamilton Avenue, and portions of Edinger Avenue) [Approved 6-0-1 (Garofalo absent)] E-10. (City Council) Approve Five Year Park License Agreement with Southern California Edison Company for Gisler Park—Edison Right-of-Way (10.5 Acres) (600.10)—Approve the License Agreement between the City and Southern California Edison Company to utilize 10.5 acres of property at Gisler Park for five years at$200 per acre per year and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director Funding Source: Park Acquisition & Redevelopment Fund. Cost: $2,100 per year for five years. [Approved 6-0-1 (Garofalo absent)] E-11. (City Council) Approve Project Plans & Specifications and Advertisement for Bids for Various Water Meter Box Replacements Throughout the City—WSC-014—Approve Sample Contract (600.75) — 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the replacement of various water meter boxes throughout the City (WSC-014); and 2. Approve the attached sample contract, subject to award of the contract to the lowest responsible bidder. Submitted by the Director of Public Works Cost: $30,000. [Approved 6-0-1 (Garofalo absent)] ATTACHMENT 1 ICOMPER. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at•a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company Md .4' Rk� W. u e rtr 1�t, r �u.iwron g 1 *On,44 P— z- Y� si COgOMM� i Robert P.Harries,Secretary by J.S.Kemper,III, Exec.Vice President ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CAL I FOR N[A 92648 OFFICE OF THE CITY 1DLERK CONNIE BROCKWAY CRY CLERK July 14, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 14978 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 and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Tract 14978 — Lyon Shores#116 L.P. s/w corner of Gothard Street and Ellis Avenue. Approved by City Council on 7/6/99 — Item E-7. GAfollovrup\deedltr (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 June 16, 1999, 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. 14978. Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Gothard Street,the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and appurtenances within the dedicated easements. Theis dooument is solely for the Tax-Exempt-Government Agency o`#lcla] u�us3a�ess of tree C14y CITY OF I'dUNTINGTON BEACH of Hue tt'ngtor�u 5ea--h9 as contern- C nie Brockway,City Clark plated under Governnrre;vt Coda Sec. 6103 and should be rr6001r led . putt'City Clerk free of charge. CITY OF HUNTINGTON BEACH ��� by: City Engineer jyfJ v The foregoing instrument is a correct xz-,4��,r copy of the original on file in this office. by: City Attorney Attest 19 ROCKw Y 6- City Clerk and Ex-officio Cierk of the City Council of the City of Huntington Beach, Calif By Deputy RCA AO' UTING INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14978 and Accept the Public Improvements COUNCIL MEETING DATE: July 6, 1999 .. 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 Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM SpaceOnly) RCA Author: Bruce Crosby 9 �t"A�lltS�eY- Pr✓.D @TY OF HUNTINGTON BEA MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER: PW 99-058 Council/Agency Meeting Held: /a d DZrove ed/Continued to: d onditionally Ap roved ❑ Denied b�v� Ci Jerk's Signature Council Meeting Date: July 6, 1999 Department ID Number: PW 99-058 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION �-- r; SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS "C-, SUBMITTED BY: RAY SILVER, City Administrate c►( >—rr PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. *659 AND ACCEPT THE PUBLIC IMPROVEMENTS. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Lyon Shores # 116, L.P., the developer of Tract No. 14659, located at the southeast corner of Goldenwest Street and Ellis Avenue has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14659 and, 2. Release the Faithful Performance/Labor and Material No. 3SM 908 988 00 and Monument Bond No. 3SM 908 989 00 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Maintenance Bond No. 3SM 908 988 00-A; 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, Lyon Shores # 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Co., of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. J Alternative Action(s): Deny the recommended action. Analysis: On January 16, 1996, the City Council approved Final Map No. 14659 and accepted bonds as the securities furnished for faithful performance, labor and material, and monuments. The developer 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 Calif. Government Code Section 66499.79(a). Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Golden West Street, the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and appurtenances within the dedicated easements. 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. Calif. Government Code Section No. 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 Maintenance Bond No. 3SM 908 988 00-A as security. Following is a list of project data: Developer: Lyon Shores # 116, L.P., P.O. Box 7520, Newport Beach, CA. 92660-7520 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, CA. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Southeast Corner of Goldenwest St. and Ellis Ave. Lots: 44 Acreage: 11.774 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 Maintenance Bond No. 3SM 908 988 00-A 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby Tr 14659 RCA -- 06/17/99 11:04 AM • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE:`&& 9 9 TO:Z VQA1 �Jh 4 eC S ATTENTION: AGL4'Qlmal N m��, /—. D 71A U DEPARTMENT: ,strget REGARDING: City,S te,Zip Q jl es ec ?&6,411ci /rr1P ✓��n r rs� ftcceP� momr6n4nee. Q4NA. See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarl; 1 YD�S11�e�, G�� PL Pits e. he-e lease,�-a-- Connie Brockway ,q City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: C"16r 16 � me De artment R Agreement Insurance Other "dsleu NO v✓ _ Department RCA Agreement Insurance Other %Ye.a-s"a r2� r Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name - Date G:Fol lowup/coverl tr (Telephone:714-536-5227) (9) 07/06/99 - Council/Agency Agenda - Page 9 E-3. (City Council) Approve Agreement with Orange County Fire Authority to Provide Advanced Life Support (Paramedic) Services to Sunset Beach (510.40) —Approve and authorize the Mayor and City Clerk to execute agreement with the Orange County Fire Authority to provide Advanced Life Support (Paramedic) services to Sunset Beach and establish cost recovery of City fire response services through financial reimbursement. Submitted by the Fire Chief Funding: None required for recommended action. However, additional revenue will be obtained from approval and implementation. [Approved 6-0-1 (Garofalo absent)] E-4. (City Council) Appoint Fire Chief and Division Chief/Operations as Alternate to the Orange County City Hazardous Materials Emergency Response Joint Powers Authority for Fiscal year 1999/2000 (110.20) —Appoint Fire Chief Michael Dolder as the City's Board Member to the Orange County-City Hazardous Materials Emergency Response Joint Powers Authority for Fiscal Year 1999/2000 and Division Chief/Operations Charles Reynolds as the City's Alternate Board Member. Submitted by the Fire Chief Funding: None Required. [Approved 6-0-1 (Garofalo absent)] E-5. (City Council) Approve the Release of Securities for Tract No. 14659 and Accept the Public Improvements— Lyon Shores—s/e Corner of Goldenwest Street & Ellis Avenue — (Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract 14659; and 2. Release the Faithful Performance/Labor and Material No. 3SM 908 988 00 and Monument Bond No. 3SM 908 989 00 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Maintenance Bond No. 3SM 908 988 00-A; 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, Lyon Shores No. 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists 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. Submitted by the Director of Public Works Funding: N/A. [Approved 6-0-1 (Garofalo absent)] E-6. (City Council) Approve the Release of Securities for Tract No. 14980 and Accept the Public Improvements—Annandale Associates —e/s Goldenwest Street—s/o Ellis Avenue— (Holly-Seacliff Specific Plan) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract 14980; and 2. Release the Faithful Performance/Labor and Material No. 1558120 and Monument Bond No. 1558121 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Maintenance Bond No. 1558120-M; 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, Annandale Associates, L.P., of this action; and the City Treasurer to notify the Surety, Insurance Company of the West, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works Funding: N/A. [Approved 6-0-1 (Garofalo absent)] ATTACHMENT 1 •rnyr M • SHERWOOD 4 0/ f It • - - / / Prepared By: s / © Hunsaker & Associates _ Irvine, Inc. . Pfanning•£nginrering•Sunir>ing Three pughn, /nrinr. CA 92718(n I)S83-l0f0 t e IPrepared For: f PLC Lend Company 23 Corporate Plaza, Suite 250 Newport Beath, G 92660 ; I-- (7!<) 721-9777 _ I Y ATTACHMENT 2 • • ����� _ate I have received Maintenance Bond No. 3SM 908 990 00-A, American Motorists Insurance Company. Re: Tract 14978 — Lyon Shores#116, L.P. —Approved 7/6/99, E-7, City Clerk Vault File No. 420.60. Dated: By: I have received Maintenance Bond No. 3SM 908 988 00-A, American Motorists Insurance Company. Re: Tract 14659 — Lyon Shores s/e corner of Goldenwest Street & Ellis Avenue. E-5 Approved on July 6, 1999. City Clerk Vault File 420.60 Tract 14659 Dated: $-2- 9 9 By: I :American Motoril Insurance CompalPy nMPER. FIRST TERM PREMIUM FULLY EARNED Bond Number : 3SM 908 988 00-A Premium (One Year): $ 0.00 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Lyon Shores #116, LP as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the state of California hereinafter called the Surety, are held and firmly bound unto City Of Huntington Beach in the sum of Eleven thousand, four hundred thirty-eight and no/100 DOLLARS ($11,438.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, on the day of June 1997, the said principal entered into an agreement to the Obligee for Tract 14659, Improvements WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of One Year year(s) from and after the date of completion and acceptance of same. NOW, THEREFORE, If the said Principal for a period of one year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED, DATED: May 25, 1999 Lyon Shores#116, LP American Motorists Insurance Company (Principal) (Surety) By: By: niam.J.Shupper,Attorney In Fact L,c '9/" 0 DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES, PO BOX 41375,7470 N.FIGUEROA ST., LOS ANGELES,CA 90041 PHONE(323)257-8291 •FAX(323)256-7218 Maintenance Bond-11-02-98.dot CALIFORNIA ALL-PURPA ACKNOWLEDGMENT • No 5907 State of California County of Orange �} On l q before me, Kathy Sampson GATE NAM .TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC' personally a eared t 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 ac- �� AL knowledged to me that he/she/they executed - SON N07wYPUBUC-CAUFCRNK m the same in his/her/their authorized y COMMISSION ORANGE COUN7Y°0�' & capacity(ies), and that by his/her/their MY Commission Exp.Feb.9,mW signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my hand and fficial seal. IGNATURE 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 0 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: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7154-Canoga Park.CA 91309-7184 State of California County of Los Angeles - On _ `00�Y T� before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon C. CI..ARKSON behalf of which the person(s) acted, executed the a - comm. #1154439 R instrument. NOTARY PUBLIC-CALIFORNIA S LOE aNGELES 001JNTY 2 '�y Comm Excires Sept.5,2001 ; W ITN ES ce%r..->nr,+na•enrnn-�_,r7n99nf90:)r�000� S m hand and official seal. UA 11 n Atrv) (SIGNATUR OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT MAY ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: r DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) - --- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MPMPER. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY _ Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J.Shupper of Los Angeles,California their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company '10 t�10RL s u ONAna o .(Jitz ItA conunol /) $ Robert P.Harries,Secretary by J.S.Kemper,III,Exec.Vice President ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA_ 92648 OFFICE OF THE CITY-CLERK CONNIE BROCKWAY CITY CLERK July 9, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 14659 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 and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Tract 14659 —Approved by Council on 7/6/99 s/e corner of Goldenwest Street and Ellis Avenue GAfb11owup\deed1tr (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 June 16, 1999, 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. 14659. Public improvements constructed consist of curb, gutter, sidewalk and paving on Ellis Avenue and Golden West Street, the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances and the storm drain system and appurtenances within the dedicated easements. CITY OF HUNTINGTON BEACH This document is solely for the official i_urfll? ss of t*IIa Ci f e€ 1-i _± __�_:_*�� '�:�a:-, .._ c_:�nt�m- by: City Engineer Code Sec. 6103 and should be recorded � free of charge. by: City Attorney 35191 Tax-Exempt-Government AgencyCITY or F Aj Conn°�^i3:ocica:-;,,C3�Cfer 13 uty City Clerk RCA AOUTING S*HEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14659 and Accept the Public Improvements COUNCIL MEETING DATE: July 6, 1999 RCA ATTACHMENTSxR 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 Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ply ) City Clerk ( ) EXPLANATION FOR RETURN..OF ITEM Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby , C ity o f Hunt in aton Beach F. Ji • P O Box 711 CALIFORNIA 92648 � TELEPHONE 714 536.5200 Fax 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER VIA CERTIFIED U.S. MAIL June 25, 1998 Lou Jones & Associates P O Box 41375 Los Angeles, CA 90041 Re: Tract Nos. 14659 and 14978, PLC Gentlemen: This is to inform you that the City Council of the City of Huntington Beach, on October 6, 1997, approved to release the following bonds: Tract No. 14659 Faithful Performance Bond, Bond No. 3SM 890 123 00 Labor and Material Bond, Bond No. 3SM 890 123 00 Monument Bond, Bond No. 3SM 889 88100 Tract No. 14978 Faithful Performance Bond, Bond No. 3SM 890 121 00 Labor and Material Bond, Bond No. 3SM 890 12100 Monument Bond, Bond No. 3SM 889 878 00 We are releasing the bonds and have enclosed copies of them for you. Also enclosed is a copy of the City Council Action approving release of these bonds. If you have any questions,please call me at 714 536-5200. Sincerely yours, Shari L. Freidenrich 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) 1 (13) is 10/06/97 - Councillency Agenda - Page 13 E-17. (City Council) Approve Contract With Employment Systems Incorporated For Employment Systems Incorporated For Ambulance Operator/Fire Intern - (EM 600.10) Approve and authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Employment Systems, Inc. to Supply Personnel to the City. Submitted by the Fire Chief [Approved 7-01 E-18. (City Council)Approve The Substitution Of Bonds And Subdivision Aareement For Tract Nos. 14659 & 14978 (Sherwood) From PLC Land Company To Lyon Shores #116, L.P. (Holly-Seacliff Development Agreement Area) - (14 420.60) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract No. 14978), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 3. Accept Lyon Shores#116, L..P. subdivision Agreement and Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract No.14659) 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 4. Accept Lyon Shores#116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000 and 3SM90899100 (American Motorists Insurance) (Tract 14978), 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, 5. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action. Submitted by the Public Works Director [Approved 7-01 E-19. (City Council) Authorize The Public Works Director To Sian Southern California Edison Letter Of Approval -To Hann Banners On Beach Boulevard From Edinger Avenue To Adams Avenue - (SO 600.10) Authorize the Public Works Director to sign the Southern California Edison letter dated August 25, 1997 regarding the use of Southern California Edison street light poles for decorative banners. Submitted by the Public Works Director [Approved 7-0] E-20. (City Council) Accept Three Affordable Housing Units From Bridges America Foundation Inc., For A Term Of 30 Years -Agreement Containina Covenants Affecting Real Property (CDBG Program) - 7611 Nichols Street- (BR 600.10) 1. Accept the Agreement Containing Covenants Affecting Real Property located at 7611 Nichols Street in Huntington Beach to restrict three units for lower(CDBG) income (80% of Orange County median) families for a period of 30 years. 2. Approve and direct the Mayor and City Clerk to execute this agreement and restrictive Covenants when signed by Bridges America Foundation and notarized, then record with the County Recorder. Submitted by the Economic Development Director [Approved 7-0] (13) E)IfTY OF HUNTINGTON BEACL -. MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: PW 97-078 Council/Agency Meeting Held:��S Deferred/Continued to: , ff'Ap roved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: October 6, 1997 Department ID Number: PW 97-078 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: LE M. JONES II, Director of Public Works SUBJECT: Approve the substitution of Bonds and Subdivision Agreement for Tract Nos. 14659 and 14978 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environ ental Status,Attachment(s) Statement of Issue: Lyon Shores # 116, L.P. has purchased Tract Nos. 14659 and 14978 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. 3SM 890 123 00, 3SM 889 881 00 (Tract No. 14659), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 2. Release PLC Land CO's Subdivision Agreement and Bond Nos. 3SM 890 121 00, 3SM 889 878 00 (Tract No. 14978), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 3. Accept Lyon Shores # 116, L.P. Subdivision Agreement and Bond Nos. 3SM 908 988 00 and 3SM 908 989 00 (Tract No. 14659), 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, 0027639.01 -2- 09/08/97 5:08 PM #QUEST FOR COUNCIL ACTIS MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: PW 97-078 4. Accept Lyon Shores # 116, L.P. Subdivision Agreement and Bond Nos. 3SM 908 990 00 and 3SM 908 991 00 (Tract No. 14978), 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. 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 January 16, 1996, the City Council approved Final Map Nos. 14659 and 14978 and accepted Bonds from PLC Land Co., the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Lyon Shores # 116, L.P. purchased Tract Nos. 14659 and 14978 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: Lyon Shores # 116, L.P., P.O. Box 7520, Newport Beach, Ca. 92660-7520 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 I------ 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): NumberCity Clerk's Page- -.... _._ .. _.. . 1 Location Map 2 Faithful Performance/Labor & Material Bond Nos. 3SM 908 988 00 and 3SM 908 990 00 Ca 3+s 3 Monument Bond Nos. 3SM 908 989 00 and 3SM 908 991 00 4 Subdivision Agreements for Tract Nos. 14659 and 14978 C � 5 Certificate of Insurance for Tract Nos. 14659 and 14978 RCA Author: B. Crosby, phone extension 5247. 0027639.01 -3- 09/08/97 5:08 PM I ATTACHMENT III aia .va,nz a.n A—V o • �� , aYLf 14978 SHER WOOD j t .. _ r ..... �. �1 4/1 O / • Prepared By: Associates isum' Hunsaker & i Irvine, Inc. � Planning-Engineering-Surveying iI i Three Hughes. Irvine, CA 92718(714) 583-1010 / iPrepared For: Y 3 & ' PLC Land Company l 23 Corporate Plaza, Suite 250. - Newport Beach, CA 92660 x N' (714) 721-9777 Y mur amaA um J 1 i• I / i 1 h --"�-�-------'� --(-(----------Z-� -� tYPIUI STREET SECTIONS —————————————————— na.- �_ .....i.r.. wa Amur i...--I---..� --•--------'�---r . ---'------ . ...1 ..= _. —_- _-_. ..... --__ -- ._ - _ _ - __..-� _ __- - -�! 1 --r- o.m•oar - f -- � (y V�!� an Q.:/1 :d' q"�n o.n c.� U...� _ .-� \~.Y�\�• .®� �:y _'' �Cr'/. M1ir �• �I —_�—_ _—_ — i - ' • girl's"N. '�'��\\ .d� * Mir �l[�' (3r� +�`� �I �_' ....._ _... '�1 -.,:tea''��.,,j -�'�•�.= -`-' ' �� �� _ ---���� - f •V'1 :� . v , � �'r• ��' � .:"!t.l[�Mn• ��:�- ,,' \j w t®, f .� / f 1 � •�) - i'• _ 'a t r �i •r F� i - S I •��`iJ.a3 S -.L.� �J •YYY4`'!.�4� �,y. � I - � ..,. pr�s'�n/ e` g f. !' _ •1� �,'.! .!/S / i /l: 1� �;yi`\^ '.i; •.j a`• d!s{! r =1. t- , 4 ,f iY� •�� 't• (! r'/ / � - •� - ��o.tee o�.. \� ' 1. v . .� 1- �-� w • ��' � �. � t - d�� � •{ �� ••�` `/,f � � nucr usm,, y ��., �.,' /� R4 ' rrsau.oru marrs i • '11t 1' , ✓/ r. /// .ri � _ � ,;.a' ' /r `r '. 1/w i mnw mm t � � �.:�_ �;. 8 -. laj(� /�)� J/• a. J I �l.r �°j� ��f�,�'a .�,.a�- �.i� a_,:_.r { .' f!,l J;tl Y' ,(•� ••Jjf, rN! �J �/� d '�'Jr•/ n , +,� !r' , is ! ..�' � •>'y % i �3 -— - 9 � g�. r�' .�Sf)• I grlj pia '�`jd fJ�i)1 ,Il�:.•,I,J ,'�€ ..o •� 8 y :: yflr RJI f!) �}'� _(r)r 1(') ••h� -p..}i!' ://11 .-sy j,I, ,.gg ...,._.. � AP VIGMTY M ►v° ., "I•� .��(� °l���• '� :L,(i) �a)� A ll!)1. !I• ll !(•1/• � aaoss.n,. M _ ..L. I i� �� Ifi, .E I 'Jt �• � �. .' �I• .a Yal tst•lti:..,a..a�+i1 n� t % �' PREPARED FOR: PREPARED BY S 1 { 1 I P � K°l - IIrY � I ._ �� •Jet , nc�cor.�wn _ __ ._____.+.__ •/ •, : '•• _ _ •; raw rPr�q"G°IWM A. { � , n REVISED t -• � � M1 '° I Mnwll I,-:_._-_: ...�.. .. • •O ��— ----------- ` SITE r � PLAN TR. 14659 1 ' SHERWOOD/ANNANDALE Fi HOLLY PLANNING NIT 11.1FIC PLAN PLANNING UNIT 11.1 - v ATTACHMENT 2 I have received Faithful Performance Bond No. 3SM 908 988 00 - American Motorists Insurance Company, Labor and Material Bond No. 3SM 908 00-American Motorists Insurance Co., Faithful Performance Bond NO. 3SM 908 990 00-American Motorists Insurance Company, Labor and Material Bond No. 3SM 908 990 00, Monument Bond No. 3SM 908 989 00 -American Motorists Insurance Company and Monument Bond No. 3SM 908 991 00. Re: Regarding Substitution of Bonds and Subdivision Agreements for Tract Nos. 14659 and 14978 RCA and Action Agenda for October 6, 1997 attached. Dated: ( 01211 R B : � BOND NO. 3SM 908 988 00 • PREMIUM $1,144.00/2 yr OXECUTED IN DUPLICATE" FIRST TERM PREMIUM FULLY EARNED FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LYON SHORES #116, L.P. (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project tr 414659 _,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and AMERICAN MOTORISTS INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal ONE HUNDRED FOURTEEN THOUSAND THREE HUNDRED sum of EIGHTY EIGHT AND NO/100ths ---------------- dollars($ 114,388 ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. i The surety hereby stipulates and agrees that no charge,extension of time,alteration or i addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on June 9, 19 97 LYON SNORES #116, L.P. as Principal By By AMERICAN MOTORISTS INSURANCE COMPAA18urety By�o �c VICTORIA M CAMPBELL By ATTORNEY-IN-FACT o��I... r oSne4 J 2 ,i i STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON QdA&j O ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONAL P ARED 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 PRI CIPAL PLACE OF BUSINESS IS NOTA Y PUBLIC IN AN F SAID STATE IN l COUNTY Ea �OS6ti (N41ME PRINTED) MY COMMISSION EXPIRES I OFFICIAL SEAL KATHY GBSON NOTARY PUBLIC!CALIFORNIA N y COMMISSION 41048WO C ORANGE COUNTY STATE OF CALIFORNIA ) NrycomcnlnsronE�.1 aee ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY r (NAME PRINTED) MY COMMISSION EXPIRES 8075.01 3 Alk state of California County of Orange i On June 9, 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 - OR- ❑ to be the person(s) whose nameN is/aNx subscribed to the within instrument and acknowledged to me that )re/she0W executed the same in Wher/MK authorized capacity(rM), and that byxlxis/her/dmhx signature g on the instrument the K. R. vlODES �� person(o, or the entity upon behalf of which the person N =' S COMM. 7-p1019554 acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA ` ORANGE COUNTY WITNESS my hand and official seal. MY COMMISSION EXPIRES MAY 4.1998 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 OATTORNEY-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) - I bnouia the conolUon Ot imb uunu ue wily prilullllou,uicii uua.. ..y.� .. and void,.otherwise it shall be and remain in full force and effect. BOND NO. 3SM 908 00 i •UTED IN DUPLICATE" PREMIUM INCLUDED IN ' C PERFORMANCE BOND' ' + LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LYON SHORES #116, L.P. (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 ,and identified as project tr #14659 ,is hereby referred to and made a part hereof-,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commenting with Section 3082)of Part 4 of . Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid FIFTY SEVEN THOUSAND ONE HUNDRED Code of Civil Procedures in the sum of NINETY FOUR AND NO/100ths ------------------- dollars($ 57,194.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,.otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 i - l�X" its obligation on this bond,and it does hereby waive&of any such change,extension,alteration or addition. �r In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 9, 19 97 LYON SHORES #116 L.P. as Principal By: AMERIC}A_N,�MOTORISTS INSURANCE COMPANY as Surety VICTORIA M CAMPBELL By: ATTORNEY—IN—FACT I p ,, IFC' e'J. orn ApYROv' GA t j STATE OF CALIFORNIA ) By ty ) SS COUNTY OF ORANGE ) ON BEFORE ME, L- or A NO ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY PE ED Q AA 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 PERS K ACTED,EXECUTED THE INSTRUMENT. WITNESS MY H ND SIGNATURE MY PRI IPAL PLACE OF BUSINESS IS NOT Y PUBLIC IN AND F SAID STATE IN -L, �(L COUNTY IV so (N E PRINTED) MY COMMISSION EXPIRES OFFICIAL SEAL STATE OF CALIFORNIA ) - KATHY GIBSON N s NOTARY PUBLIC•CAUFORNIA SS N COMMISSION iioaw9 E ORANGE OF ORANGE mycoW4111fi re ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 2 $090 otate of California County of Orange On June 9, 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(s) whose nameM is/mot subscribed to the within instrument and acknowledged to me that :be/she/thW executed the same in l4X/her/MK authorized capacity(1M), and that byxbis/her/bmbx signature M on the instrument the K. R. VIODES 1f person(o, or the entity upon behalf of which the personal o � = COfJlh1. �1019554 acted, executed the instrument. NCIARY PUBLIC-CALIFORNIA 0 •'' ORANGE COUNTY fV jl MY COPAMI;SION EXPIRES MAY 4.1998 It 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 FIIATTORNEY-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) any judgment rendered. y 1 AMERICAN MOTORISTS INSURANCE COW Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint VICTORIA M CAMPBELL its true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31,1997.unless sooner revoked for and on its behalf as surety,and as its ad and deed: Name of Principal: LYON SHORES #116, L.P. Bond No.: 3SM 908 988 00 Penal Sum: $ 114,388.00 Perf Name of Obligee: CITY OF HUNTINGTON BEACH 57,194.00 LAM Description: Improvements tr #14659 EXCEPTION: NO AUTHORITY is granted to make,execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1997. . This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23,1988 at Long Grove,Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the Chairman of the Board.the Presider or any Vice President,or their appointees designated in writing and filed with the Secretary or the Secretary shad have the power and authority to appoint agents and attomeys4n-fad,and to authorQe fhem.Eo execute on behalf of fhe Compan ,and attach the seal of the Company the bonds and undertakings,recogn¢ances,contrails of indemnity andyother writings,obligatory.in the nature thereo{,and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Exec a Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice Presiden or their appointees des�rgg�ated in wthn and filed with the Secretary,and the signature of the Secretary,the sea of the Company,and certr�ications by the Secretary,may be affo ell by facsimile on any power of atbomey or bond executed pursuant to resolution adopted by the Exearhve Comunrttee of the Board of Directors on February 23 1988 and any such power so executed,sealed and certrfied with respell to any bond or undertaking to which it is attac}ied,shall continue to be valid and binding upon the Campany.' In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be at`fixed by its authorized officers,this 26th day of July ,1993 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Robert ames,secretary emper,III,txec,vice Fresiclent NOTE ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. any judgment rendered. STATE OF ILLINOIS COUNTY OF LAKE ss I,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company,a Corporation of the State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. a.rw�ac Sb"ad Mob I. .� gCrYi O�Y�IOMI ► - Irene Klewer,Notary Public My commission expires: 1-28-98 CERTIFICATION Conway,Secretaryry of the American Motorists Insurance Company,do hereby certify that the attached Power of Attomey dated July Z6,1993 on behalf of the persons)as listed on the reverse side is a true and con ect copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said J.S.Kemper Ill and Robert P. Hames who executed the Power of Attomeyy as Exec.Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Exec.Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this QTH day of June .19 97 , J.K Conway,Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY,CALL(847)320-2160. FM 362-10 5-91 Power of Attomey-Tenn PRINTED IN U.SA BOND NO. 3SM 908 990 00 PREMIUM 856.00 r "EXECUTED IN DUPLICATE" • FIRST TERM PREMIUM FULLY EARNED FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LYON SHORES #116, L.P. (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project tr #14978 .is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and AMERICAN MOTORISTS INSURANCE COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal EIGHTY ggIXE THOUSAND-FIVE HUNDRED-SIXTY-FOUR d011arS($ 85,564.00 ) isum of AND No/10 the ------ lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications i accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. • In witness whereof,this instrument has been duly executed by the principal and surety above named,on June 9, 19 97 LYON SHORES #116, L.P. n as Principal By ' / By 0 AMERICAN MOTORISTS INSURANCE COMP§Murety By VICTORIA M CAMPBELL By ATTORNEY-IN-FACT 0� >>•ne9 9Y� I State of , California . County of Orange On June 9, 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 - OR- ❑ to be the person(s) whose name( is/anx subscribed to the within instrument and acknowledged to me that )be/she/thW executed the same in l /her/MK authorized capacity(M), and that by)tft/her/bmEhc signature M on the instrument the K. R. VIODES person(j, or the entity upon behalf of which the person COMM. #1019554 acted, executed the instrument. o NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY MY COMA1I;SION EXPIRES MAY 4.1998 it WITNESS m hand and official seal. V-12c, 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 i SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE i NAME OF PERSON(S)OR ENTITY(IES) i I i i I SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE MY COMMI SSION EXPIRES_ n STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON I O I BEFORE ME, J405� A NOT Y PUBLIC IN AND FOR SAID STATE,PERSONALLY D AND -V CIA 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 PRI 1 AL PLACE OF BUSINESS IS NOTARY PUBLIC IN AN FO I STATE INCOUNTY (N E PRINTED) MY COMMISSION EXPIRES OFFICIAL SEAL KATHY GIBSON N OTARY PUBLIC-CALIFORNIA �•; COMMISSION 01048809 ORANGE COUNTY STATE OF CALIFORNIA ) Commission EV.1."0 SS OFFICIAL SEAL COUNTY OF ORANGE KATHY OlB80N 7 NOTARY PUBLIC-CAUFORNIA N N COMMISSION i loom C ORANGE COUNTY My Commission Exp."99 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075.01 3 BOND N0.3SM 908 990 00 Z/. * EXECUTED IN DUPLICATE" PREMIUM_INCLUDED IN R PE FORMANCE BOND LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and LYON SHORES #116, L.P. (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19.and identified as project tr #1497a ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the SUM Of FORTY TWO THOUSAND SEVEN HUNDRED EIGHTY TWO AND No/100ths dollars($ 42,782.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 eits obligation on this bond,and it.does hereby waive*of any such change,extension,alteration '1 or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 9, 19 97 LYON SHORES #116 L.P. as Principal By: By: AMERICAN MOTORISTS INSURANCE COMPANY ,as Surety By: VICTORIA M CAMPBELL By: ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON U I BEFORE ME, n A NfiITRY PUBLIC IN AND FOR SAID STATE,PERSONALLY PEAR Dl AND ff 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 N THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSON CTED,EXECUTED THE INSTRUMENT. WITNESS MY JD SIGNATURE MY PRI OI AL PLACE OF BUSINESS IS NOTAR PUBLIC IN AND 0 SAID STATE IN COUNTY (NA E PRINTED) MY COMMISSION EXPIRES OFFICIAL SEAL STATE OF CALIFORNIA NOTARY ICATHY PUBLCIsCoN rn SS ' -.... COMMISSION M 10486pBNIA O COUNTY OF ORANGE ) rty ec«N GE °EV..1%4M ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 2 9090 /State of California County of Orange • On June 9, 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 tome- OR- ❑ to be the person(s) whose name( is/an subscribed to the within instrument and acknowledged to me that }be/sheAbW executed the same in Wher/MYC authorized capacity(M), 11 ;"�: , K. R. VIODES If and that byxtRls/her/bmbxsignatureM on the instrument the C140 o Comm fr1019554 : NOIARY PUBLIC•CALIFORNIA v . personM, or the entity upon behalf of which the personM •: = ORANGE COUNTY ry acted, executed the instrument. 'I .MY COMMISSION EXPIRES MAY 4,1998 It WITNES 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) i i AMERICAN MOTORISTS INSURANCE COMO • Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint VICTORIA M CAMPBELL its true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997,unless sooner revoked for and on its behalf as surety,and as its act and deed: Name of Principal: LYON SHORES f1116, L.P. Bond No.: 3SM 908 990 00 Penal Sum: $ 85,564.00 Perf Name of Obligee: CITY OF HUNTINGTON BEACH 42,782.00 L&M Description: Improvement tr f114978 EXCEPTION: NO AUTHORITY is granted to make,execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit This authority does not permit the same obligation to be sprit into two or more bonds in order to bring each such bond within the dollar limit of authority as sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. . The execution of such bonds and undertakings in-pursuance of these presents shall be as binding upon the said Anerican Motorists Insurance Company as fulty and amply to all intents and purposes,as if the same had been duty e xa—crted and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT.SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1997. . This Power of Attomey is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan Motorists Insurance Company on February 23,1988 at Long Grove,Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the Chairman of the Board,the President or any Vice President,or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeysin-fact,and to authorize fhem.to execute on behalf of the Company,and attach the seat of the Company thereto bonds and undertakings,recognizances,contracts of indemnity and other writings,obligatory in the nature then{,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Exearfive Cortvnitfrme of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: 'VOTED,That the signature of the Chairman of the Board,the President any Vice Presiden or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the sea of the Company,and certifications by the-Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attac}med,shall continue to be valid and binding upon the Company.' In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,this 26th day of July ,19 93 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Robert P.Karnes, taryKemper,ill,txec,vice President NOTE ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. any ivagment renoerea. ---- ------ COUNTY OF LAKE u 1,Irene Klewer,a Notary Public,do hereby ce t J.S.Kemper,III and Robert P.Hames personalAthe n to me'to be the same persons whose names apectively as Exec.Vice President and Secretary omerican Motorists Insurance Company,a Corporation of ,State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. � mTwccwrr,er. I. F�—__�-n_Mr mM ► Irene Klewer,Notary Public v My commission expires: 1-28-98 CERTIFICATION I,J.K Conway,Secretarryy of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney dated July 2S.1993 on behalf of the person(s)as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate-and I do further certify that the said J.S.Kemper,III and Robert P. Hames who executed the Power of Attorney as Exec.Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Exec.Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 9Tu day of June 19 97 , J.K Conway,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY,CALL(847)320-2160. FM 362-10 5-91 Power of Attorney-Term PRINTED IN U.SA BOND NO. 3SM 908 989 00 "EXECUTED IN DUPLICATE" PREMIUM $190/2 yr FIRST TERM PREMIUM FULLY EARNED MONUMENT BOND.. KNOW ALL MEN BY THESE PRESENTS: THAT LYON SHORES #116, L.P. as Subdivider of Tract No. 14659 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said LYON SHORES #116, L.P. (Subdivider) as principal,and AMERICAN MOTORISTS INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $_19,000.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 9th day of June .19 97 LYON SHORES 11116, L.P. as Principal �1•; ��e3 �j � TO FOR t�oS�eY By' By: AMERICAN MOTORISTS INSURANCE COMPANY as Surety By:_ VICTORIA M CAMPBELL By: ATTORNEY-IN-FACT 1 8092.01 � — �� ---------------------- STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON O 1 l BEFORE ME, A N T RY PUBLIC IN AND FOR SAID STATE,PERSONALLY A PEAR 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 PERS NS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE �6Y) MY.PRINC P L PLACE OF BUSINESS IS NOTAR PUBLIC IN AND SAID STATE IN COUNTY NAM PRINTED MY COMMISSION EXPIRES O�cin�se KATHY MCI GIBS—ON -7 W 9 NOTARY PUBLIC•CALIFORNIA - y COMMISSION k 1048W9 c ORANGE COUNTY STATE OF CALIFORNIA ) MYC0""f°°10"�1-649 SS COUNTY OF ORANGE ) ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092.01 OWN Orange On June 9, 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(s) whose nameN is/an subscribed to the within instrument and acknowledged to me that )be/she/thW executed the same in 1 /her/MK authorized capacity(PR), 'I and that byAxis/her/bwiK signature M on the instrument the :: K. R. VIODES ���, � person�j, or the entity upori behalf of which the persor� o ,< COPlM. 1019554 acted, executed the instrument. 2 +! NOTARY PUBLIC-CALIFORNIA 3: 1=' ORANGE COUNTY Q COMASISSION EXPIRES MAY 4,1998 It 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 1^.IATTORNEY-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) 8092.oi - - vcvVMYA Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint VICTORIA M CAMPBELL its true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31,1997,unless sooner revoked for and on its behalf as surety,and as its act and deed: Name of Principal: LYON SHORES #116, L.P. Bond No.: 3SM 908 989 00 Penal Sum: S 19,000.00 Name of Obligee: CITY OF HUNTINGTON BEACH Description: Monument bond tr #14659 EXCEPTION: NO AUTHORITY is granted to make,execute seal and deriver any bond or undertaking which guarantees the payment or collection of any promissory note,check,dra$or letter of credit This authority does not permit the same obligation to be sprit into two or more bonds in order to bring each such bond within the dollar limit of authority as sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as If the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove,Illinois. THIS APPOINTMENT.SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1997. . This Power of Attorney is executed bauthority of a resolution adopted by the Executive Committee of the Board of Directors of said Am American Motorists Insurance Company on February 23,1988 at Long Grove,Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That tht%d airman of the Board,the Presiderst or any Vice President,or their appointees designated in writing and filed e Secattorneys-in-fao auththereto bonds aethereof;and any officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Corrvnittee of the Board of Directors of the Company at a meeting duly called and held on the 23M day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice Pniden or their appointees desr1gg�ated in writingg and filed with the Secretary and the signature of the Secretary,the sea of the Company,and certifications by the�eaetary,may be affoced by tacsimiie on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed,sealed and certified with respell to any bond or undertaking to which it is attac}ied,shall continue to be valid and binding upon the Company' In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be a{f'ixed by its authorized officers,this 26th day of July 11993 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY gobert P.Harries,Secretary �J . . emper, ec,vice resi en NOTE ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. R092.01 4 STATE OF ILLINOIS j COUNTY OF LAKE ss I,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the American Motorists Insurance Company,a Corporation of the State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. Irene Klewer,Notary Public My commission expires: 1-28-98 CERTIFICATION 1,J.K.Conway,Secretary of the American Motorists Insurance Company,do hereby certify that the attached Power of Attorney dated July 26,1993 on behalf of the person(s)as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full - force and effect on the date of this certificate;and I do further certify that the said J.S.Kemper III and Robert P. Harries who executed the Power of Attorney as Exec Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Exec.Vice President and Secretary of the American Motorists Insurance.Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the American I Motorists Insurance Company on this 9Tx —dayof June 19 97 , J.K Conway,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. i TO VERIFY THIS POWER OF ATTORNEY,CALL(847)320-2160. FM 362-10 5-91 Power of Attorney-Tenn PRINTED IN U.SA I ATTACHMENT 3 BOND N0. 3SM 908 991 00 "EXECUTED IN DUPLICATE" PREMIUM $420.00/2 yr FIRST TERM PREMIUM FULLY EARNED MONUMENT BOND. KNOW ALL MEN BY THESE PRESENTS: THAT LYON SHORES #116, L.P. as Subdivider of Tract No. 14978 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tractcontaining an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said LYON SHORES #116, L.P. .(Subdivider) as principal,and AMERICAN MOTORISTS INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ 42,000.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 9th day of June 97 LYON (SHORES #116, L.P. as Principal By: ' J By: AMERICAN MOTORISTS INSURANCE COMPANY as Surety By: )6n A A, ' Ab-f) ---T 'VICTORIA M CAMPBELL By: ATTORNEY-IN-FACT 8092.01 ;te OT, California County Of Orange On June 9, 1997 befo e, K. R. Viodes, Notary.Public - DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY Pu personally appeared Victoria M. Campbell *********** NAME(S)OF SIGNER(S) 0 personally known to me - M- ❑ to be the person(s) whose name( is/mot subscribed to the within instrument and acknowledged to me that 1be/she/tt executed the same in )Uher/tMK authorized capacity(vit), K. R. VIODES lE and that by)tia/her/tkxtx signature 0 on the instrument the o COMM. #1019554 person( , or the entity upon behalf of which the person)) g �5c NUTARY PUBLIC-CALIFORNIA 0 acted, executed the instrument. .z ORANGE COUNTY Iv COMMISSION EXPIRES MAY 4,1998 It 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 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) WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY r ry nn.n nnrini rvninrr i " STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON O "1 BEFORE ME, L A N T RY PUBLIC IN AND FOR SAID STATE,PERSONALLY A P RED AND EVJAlUQ 1 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 PRIN PAL PLACE OF BUSINESS IS NOT RY PUBLIC IN AND G*ltsbo R SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES OFFICIAL SEAL KATHY GIB30N W NOTARY PUBLIC•CALIFORNIA N COMMISSION N 1048809 c ORANGE COUNTY My Commisebn Exp.1.8,95 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092.01 AERICAN MOTORISTS INSURANCE COMP r Home Office: Long Grove, IL 600-49 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company,a corporation organized and existing under the laws of the State of Illinois,and having its principal office in Long Grove,Illinois,does hereby appoint VICTORIA M CAMPBELL its true and lawful agent(s)and attomey(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending December 31,1997,unless sooner revoked for and on its behalf as surety,and as its act and deed: Name of Principal: LYON SHORES #116, L.P. Bond No.: 3SM 908 991 00 Penal Sum: S 42,000.00 Name of Obligee: CITY OF HUNTINGTON BEACH Description: Monument bond tr #14978 EXCEPTION: NO AUTHORITY is granted to make,execute sea(and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,drat or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes,as if the same had been duly ex`-AAed and acknowledged by its regularly elected officers at its principa(office in Long Grove,Illinois. 7HIS APPOINTMENT.SHALL CEASE AND TERMINATE VM HOl1T NOTICE AS OF DECEMBER 31,1997. This Power of Attorney,is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23,1988 at Long Grove,Illinois,a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the.Chainnan of the Board,the President or any Y�ce President,or'their appointees designated in writing and filed with the Secretary or the Secretary shall have the powerand authority to appoint agents and atiomeys-in-fact,and to autf�orize�hem•6o exea�te on behalf of the Compan ,and attach the seal of the Company thereto bonds and undertakings,recagnaances,contracts of indemnity andyother writings,obligatory in the nature then�f,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President any Vice Presiden or their appointees gg�ated in writingg and filed with the Secretary,and the signature of the Secretary,the sea of the Company,and �ations by the�ecretary,may be affixed by facsimile on any power of atiomey oc bond executed pursuant to resolution adopted uy the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed,sealed and certified with respect th any band or undertaking to which it is aCaG�ed,shall continue to be valid and binding upon the Company.' In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers,this 26th day of July 11993 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY Robert P.Hames,Secretary J.7S.Kemper,M,Exec,vtce Fresident NOTE: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. VICTORIA M CAMPBELL I 8y: ATTORNEY-IN-FACT vis,subscribed to the foregoing instrument, . erally acknowledged that they being thereunto duly authorized signed, cne corporate seal and delivered the said instrument as the free and voluntary act of said ration apd as their own free and voluntary act for the uses and purposes therein set forth. + nau sue+.• + ► ...�k�..!-✓ � mT r.ek m,..r*,.k ► . F•__ Cb►n Lxw ► Irene Klewer,Notary Public My commission expires: 1-28-98 CERTIFICATION Conway,Secretaryry of the Amen n Motorists Insurance Company,do hereby certify that the attached Power of Attomey dated July Z6,1993 on behalf of the persons)as listed on the reverse side is a true and correct copy and that the same hai0b een in full force and effect since the date thereof and is in full forceand effect on the date of this certificat ;and Idofurther certifythat the said J.S.Kempper III and Robert P. Homes who executedthe Power of AttomeasExec.Vce President and Secretary respectively were on the date oftheexecution of the attachedPower ofAmey the duty elected Exec.Vice President and Secretary of the American Motorists Insurance.Company. IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this 9Tx day of June .19 97 J.K.Conway,Corporate Secretary } This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. TO VERIFY THIS POWER OF ATTORNEY,CALL(847)320-2160. FM 362-10 5-91 Power of Attorney-Term PRINTED IN U.SA ATTACHMENT 4 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LYON SHORES #116, L.P. y FOR TRACT NO. 14659 THIS AGREEMENT is entered into this 6— day of ( P_7O d M 19 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LYON SHORES#116 L.P., eVDelaware limited partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No.14659; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 - 3/pw/g Aag ree\t ra cfo rm 6/6/97 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 A 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Hundred Fourteen Thousand, Three Hundred Eighty-Eight Dollars ($114,388) 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 /k 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER covenants 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 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. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 4 /k 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 A • • 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. Delaware LYON SHORES #116, L.P., aTlimited CITY OF HUNTINGTON BEACH, A BY: W11ftV7 V& HOMES, INC. municipal corporation of the State of A Calif C po at' n its general California By: partner THOI64AS J. MITCHELL, Vice President Mayor ATTEST- City Clerk /0/-?8197 REVIEW AND AP P OVED: APPROVED AS TO FORM: 4& City Administrator PITIATED City Attorney AND APPROVED. 1 City Engineer 6 A SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LYON SHORES #116, L.P. FOR TRACT NO. 14659 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 7 /k 4'u SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LYON SHORES #116, L.P. FOR TRACT NO. 14978 THIS AGREEMENT is entered into this day of r�C�,�o6eR_ 19-97, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and LYON SHORES #116 L.P., a Delaware limited partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No.14978; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 3/p w/g:\agree\t ra cfo rm 6/6/97 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 /k 4, FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Eight Five Thousand, Five Hundred Sixty-Four Dollars ($85,564) 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 A 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER covenants 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. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 4 /k r • 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 A 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. �elavare LYON SHORES #116, L.P., a limited CITY OF HUNTINGTON BEACH, A partnership, municipal corporation of the State of BY: WILL ON HOMES, INC., California A Cali o i po tion its general By: partner THOMAS J. MITCHELL, Vice President Mayo ATTEST: City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City AttorneyTy } G /alf W lATED AND APPROVED: c City Engineer Ail 6 /k SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND LYON SHORES#116, L.P. FOR TRACT NO. 14978 TABLE OF CONTENTS Section Pace 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 I nsucance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements..................................5 9 Attorneys' Fees......................................................................................................5 7 /k ATTACHMENT 511 00 2 DATE M MIDDIYY 'B�' AW ...........::::.:::::::::::::::::::::.:::. 5 PRODUCER ............................................................................ /22/97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ANDERSON & ANDERSON INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BROKERS, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2495 CAMPUS DRIVE COMPANIES AFFORDING COVERAGE I RV I NE , CA 92715 1583 / �'�O 6 COMPANY 714-476-4300 p A RELIANCE INS CO OF CALIF INSURED COMPANY WILLIAM LYON HOMES , INC. AND B AS SHOWN BELOW-_ COMPANY P. 0, BOX 7520 C NEWPORT BEACH, CA 92660-7520 COMPANY D CALIFORNIA COMPENSATION INS ................................................................. ... . .................... ............... .. .................... .. . ..................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANYCONTRACT OR OTHER DOCUMENTWITHRESPECTTO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 ,000 ,000 A X COMMERCIAL GENERAL LIABILITY SJ2539924 4/18/97 4/18/98 PRODUCTS.COMP/OP AGG $ 2 ,000 ,000 CLAIMS MADE F`Xj OCCUR PERSONAL & ADV INJURY $ 1 ,000 ,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 1000 ,000 X $25 ,000 DED PER FIRE DAMAGE(Any one fire) $ 50 ,000 OCCURRENCE MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS '1 (Per person) HIRED AUTOS L� y+Op` BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY I:.±, K ,� AUTO ONLY - EA ACCIDENT $ ANY AUTO L OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS'LIABILITY D W967121720 7/01/96 7/01/97 EACH ACCIDENT $ 1 QQQ QQQ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE 1 OOO OOO OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ 1 1000 ,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS CG2010 ATTACHES NAMED INSURED: LYON SHORES #116 , L .P. RE: LYON SHORES TRACT 14659 G........... G i Ht31:tR .:::.... ::.:::.::..:::::::::.::::. .:::::.:::.:::::::::.. CANC1:l.4 AT .................................................................................... ::.;;;;::.;:.;:.;:.;:.;:.;:.;:.;;:.;. ......................................................................................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL CITY OF HUNT 1 NGTON BEACH SX 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3000 MAIN STREET mff HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENT IVE 142160000 ....................................................................::::....::::::::::::::::::::.:....::.::..:...........::::.::..:::.::::..:::::::.:.:::.:::::....':—. .:::::wn,:.:::::::::::::::.::..:::::::::::::.::.: .................................................................................................... :: . ltC :; P!fi?Rh1 RISC, MALPAGEMENT JUL 30 8 044 All '97 INSURED: WILLIAM LYON HOMES, INC. COMPANY: RELIANCE INSURANCE COMPANY POLICY NUMBER: SJ2539924 �a�• 6 /D/6/97 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees 3000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. RE: Lyon Shores, Tract 14659 Thirty days notice of cancellation will be provided. I CG 20 10 11 85 Copyright,Insurance Services Office,Inc. 1984 wlk �!!.� Su Mic :DATE NIMIGDIYY ... IR R bl ER:.;:.:;:.:.;:.;:.;:.;;:. 4:4i::i ::i:::: : :::: : iiiiS:i ::.;:.;>;:.;;:.::.;:.:::.::.:::.>::::.;:.;:.;:.;:::::::. 5/22/97 L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ANDERSON & ANDERSON INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR BROKERS, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2495 CAMPUS DRIVES COMPANIES AFFORDING COVERAGE I RV I NE , CA 92715 1583gQ COMPANY 714-476-4300 A RELIANCE INS CO OF CALIF INSURED COMPANY WILLIAM LYON HOMES, INC. AND B AS SHOWN BELOW �D/(o/Q� COMPANY P. O. BOX 7520 C NEWPORT BEACH:, CA 92660-7520 COMPANY D CALIFORNIA COMPENSATION INS M. :... ..............................................................................................................................................................................................................:.:.:.:.:::::::::::::......:::::.... ::::::::::::::::._:::.:::.:.......................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OF ANYCONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 ,000 000 A X COMMERCIAL GENERAL LIABILITY SJ2539924 4/18/97 4/18/98 PRODUCTS-COMP/OP AGO $ 2 ,000 ,000 CLAIMS MADE 7 OCCUR PERSONAL & ADV INJURY $ 11000 1000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 Q Q Q Q Q Q X $25 ,000 DED PER FIRE DAMAGE(Any one fire) $ 50 000 OCCURRENCE MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS 5 SO F (Per accident) $ �pgO�E� A PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO Ci�S . OrrPv OTHER THAN AUTO ONLY: i.y �"' $� EACH.ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ .: WORKERS COMPENSATION AND v X STATUTORY LIMITS EMPLOYERS'LIABILITY D W967121720 7/01/96 7/01/97 EACH ACCIDENT $ 1 000 000 THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE 1 000 OOQ OFFICERS ARE: EXCL ice` DISEASE-EACH EMPLOYEE $ 1 QQQ QQQ OTHER �n DESCRIPTION OF OPERATION SILOCATIONSIVEHITSISPECIAL ITEMS v' CG2010 ATTACHES NAMED INSURED: LYON SHORES #116 , L.P. RE: LYON SHORES TRACT 14978 ;:...... ktit ..:::::::::::::. cif 3dC4��A fi+RfN. . ::::::::::. . ................................................................................................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL II&MAIL CITY OF HUNT I NGTON BEACH bX 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3000 MAIN STREET HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENT TIVE 142160000 RISK MMAGEMENT JUL 30 8 04 AN #97 ILI • INSURED: WILLIAM LYON HOMES, INC. COMPANY: RELIANCE INSURANCE COMPANY ` POLICY NUMBER: SJ2539924 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CARE LLY 00?7 ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees 3000 Main Street Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. RE: Lyon Shores, Tract 14978 Thirty days notice of cancellation will be provided. CG 20 10 1185 Copyright,Insurance Services Office,Inc. 1984 t A? Z�s �, 10 lA�' STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, October 6, 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 5:00 p.m. CITY COUNCUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo ABSENT: Consent Calendar- (Item Approved) A motion was made and the following item was approved as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: ABSENT: E-18. (City Council) Approve The Substitution Of Bonds And Subdivision Agreement For Tract Nos. 14659 & 14978 (Sherwood) From PLC Land Company To Lyon Shores #116, L.P. (Holly-Seacliff Development Agreement Area) - (14 420.60) 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract No. 14978), the securities furnished for Faithful Performance, Labor& Material, and Monuments respectively; 3. Accept Lyon Shores#116, L..P. subdivision Agreement and Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract No.14659) 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 4. Accept Lyon Shores#116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000 and 3SM90899100 (American Motorists Insurance) (Tract 14978), 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, 5. Instruct the City Clerk to notify the previous developer, PLC Land Company of this action. Submitted by the Public Works Director [Approved 7-0] The meeting adjourned to Monday, October, 20, 1997 at 5:00 p.m., in Room B-8, 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 October 6, 1997. Witness my hand and seal of the said City of Huntington Beach this 29th day of October, 1997. /s/Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Deput ity Clerk I