Loading...
HomeMy WebLinkAboutC-3219 - Site plan review agreement guaranteeing completion of the Corporate Plaza storm drain required with Site Plan Review 74r 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 January 11, 2001 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Subject: Corona del Mar Plaza (Site Plan Review No. 74) To Whom It May Concern: On July 11, 2000, the City Council of the City of Newport Beach approved the improvement plans and specifications and accepted the public street, utility, and storm improvements constructed with Site Plan Review No. 74. The City Council authorized the City Clerk to release the faithful performance bonds (Bond No. 18- 44 -89) on July 12, 2000. Further, the City Council authorized the City Clerk to release the labor and material bonds (Bond No. 19- 60 -50) six months from the date of approval and acceptance, providing no claims have been filed. Bond No. 19 -60 -50 is enclosed. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department encls. 3300 Newport Boulevard, Newport Beach EXECUTED IN TRIPLICATE CITY OF NEWPORT BRACH • Bond No. 19 -60 -50 SITE PLAN R.EV EW LABOR AND MATFRRIAL C BOND Premium charged is included in charge for WHEREAS, the City Council of the City of Newport BeacPhrfonoun y °oy orange, State of California, and The Irvine Company, a Delaware garl? ro at{on hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the Conditions of Approval to Site Plan review No. whereby Principal agrees to install and complete certain designated public i provements, which said agreement, dated X10 ufr 1 199 Y and identified as Agreement for Construction of Improvements (Site Plan Review No. 1� ), is hereby referred to and made a part hereof (the "Agreement ',); and WHEREAS, under the terms of the Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the performance of the Agreement. NOW, THEREFORE, we the Principal and American Home Assurance Company , as surety whose place of business is 777 S. Figueroa, 15th F1., Los Angeles, CA 90017 a corporation organized and doing business under and by virtue of the laws of the State of New York and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement in the penal sum of _Three Hundred Seventv Five Thousand and NO /100 - Dollars ($375,000.00 ----------- ) for equipment and 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 Surety will pay the same in an amount not exceeding the amount hereinbefore set forth, and also if 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 inure 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 the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on April 8 .. 1998 , The vine Company, e. Delaware corporation Approved as to ufficiency: By —� Clarence W. Barker A.:,. President, Irvine Industrial Company division of The Irvine Company Pu is Works Director By �— Je(Tr a ace Assis c tary Appr ved as to Form• Ameri an Home Assurance Comoanv Cit Attorney na\srn- ncn.nno F /7e /97 91 • • State of California County of Los Angeles On April 8, 1998 before me, Tracy Aston, Notary Public, personally appeared Saundra L. Gingras personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Tracy Aston Comm.;XP9ftA ?R22, 1Y,9 Tracy Aston 0. American Home Assurance CoM aany • POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No, 05 -E -04001 KNOW ALL MIEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint — Donald S. Huff, Pamela L. Jacobs, Jean L. Willcox, Saundra L. Gingras: of Los Angeles, California— its true and lawful Attorneys) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Rome Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents 0 o .o° STATE OF NEW YORK ) COUNTY OF NEW YORK)ss. On this 13t day of November. 1996, before me came the above -named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and atlixed the seals of said corporations thereto by authority of his allice. this Ist day of November, 1996. Kristian P. Moor, President National Union Fire Insurance Company of Pittsburgh, PA. Executive Vice President American Home Assurance CAROL RACAB Notary Public. State of New York No. 01 RA50520'I Oualltied in Kings County Commission Expires Nov. 13, CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attomeys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; - RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or wTiung obligatory in the nature thereof, 'RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such ccrtdicatton the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in -Fact" 1, F.hzahcth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do herehv certifv that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney Issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of each corporation 65166 (4:96) 0 @ this 8th day of April 19 98 Elizabeth M. Tuck, Secretary CALIFORNIA ALL- PURPOS ACKNOWLEDGMENT • State of C Iii FOR. I tt- County of c:. (L twee e On Md:Sj before me, c�' EPa,7 &/ Dccnl clt; �NCi31Rd/ Dale Name and The of Officer (e.g,, 'Jane Doe, Notary Po personally appeared Clfkrol:ri W I&AR -I Z.. ha: 0 jC-1 .L , w,+txA -cP- Names) of Signer(at personally known to me - OR - F proved to me on the basis of satisfactory evidence to be the rson whose r m ist2e subscribed to the within instrument and acknowledged to me that he/sh25W executed the same in his /heat — authorized c t, and that by DEBORAHtiDUNCAN his /her /ttffic net on the instrument h, sons DSORAMA. tt7t47o or the entity upon behalf of which th erso ) acted, a executed the instrument. Notary K#AC - call bl s_ orange County MVcamm. Bow Jan29,2002 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: J Individual Corporate Officer Title(s): F Partner — D Limited General Attorney -in -Fact TN mtp..P Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER LN Number of Pages: Signer's Name: Individual = Corporate Officer Title s1: G CI Partner — O Limited -:1 General Attorney -in -Fact Trustee 0 Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder. Call Toll -Free 1- 800 -875 -6827 July 12, 2000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 6443005 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Subject: Corona del Mar Plaza (Site Plan Review No. 74) To Whom It May Concern: On July 11, 2000, the City Council of Newport Beach approved the improvement plans and specifications and accepted the public street, utility, and stone drain improvements constructed in conjunction with Site Plan Review 74. Further, the City Council authorized the City Clerk to release the faithful performance bonds (Bond No's 19 -60 -50 and 18- 44 -89), enclosed. The City Council authorized the City Clerk to release the labor and material bonds (Bond No's 19 -60 -50 and 18- 44-89) six months from the date of approval and acceptance, providing no claims have been filed. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encls. 3300 Newport Boulevard, Newport Beach J OND NO. 18 -44 -89 • EMIUM: $695.00 CITY OF NEWPORT BEACH EFFECTIVE DATE OF BOND: SITE PLAN REVIEW FAITHFUL PERFORMANCE BOND 7/16/97 WHEREAS, the City Council of the Cit of Newport Beach, County of Orange, State of California, and THE IRVINEOMPANY hereinafter designated as "Principal," are about to or have entered into an agreement pursuant to the Newport Beach Municipal Code whereby Principal agrees to install and complete certain designated public improvements s re red by conditions of approval to Site Plan Review No.PM90 -361 $ar said agreement, dated oar- ,e oz .?9 1997, and identified as Agree ent for Construction of Improvements (Site Plan Review No.PM90 -361 Parpeli6 hereby referred to and made a part hereof (the "Agreement "); and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW, THEREFORE, we the Principal and AMERICAN HOME ASSURANCE COMPANY as surety, whose place of business is 777 So. Figueroa St., Los Angeles, CA 99017 a corporation organized and doing business under and by virtue of the laws of the State of NEW YORK , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other e g9i1 M employed in the performance of the Agreement in the penal sum of ONE pHIfr D THIRTY NINE THOUSAND Dollars ($ 139,000.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly be these presents. The condition of this obligation is that if the above bound Principal, his, her 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 covenants, conditions and provisions in the 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 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, included reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety and Principal further agree in the event the work and improvements are not completed with the time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on OCTOBER 15 . 199 7. ;1vJne,fleiail properties �ompany, a ;ion of The Irvine ompany Approved as o Sufficiency: By C2 _== MCI' '' r /Frederick 0. Evans Pre dent Public Works Director s Thomas P. Lynch, Assistant Secretary Approv s to Form: AMERICAN HOME ASSURANCE COMPANY Surety By City Attorney JEAN L. WILLCOX, A T RNEY ^IN -FACT AG \SPR- PER.BN�; 6/26/97 W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 10/15/97 DATE 0 before me, RUTH L. YATES, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC' personally appeared JEAN L. WILLCOX NAME(S) OF SIGNER($) RR personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /aria subscribed to the within instrument and ac- knowledged to me that ha/she/t executed the same in Ws /her /Weyer, authorized capacity(jas), and that by kis /her /tkeirr signature(s) on the instrument the person(s), or the entity rupon behalf of which the person(s) acted, executed the instrument. RUTH L. YATES WITNESS my hand and official seal. i COMM. #1007995 0 NOTARY PUBLIC - CALIFORNIA m C YfLp LOS ANGELES COUNTY My Commission Upirm Oct 31,1997 SI TURE OF NOTARY OPTIONAL No. 5907 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENDTY(IES) AMERICAN HOME ARSITRANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • 0 American Home Assurance Company POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, New York, N.Y. 10270 No. 05- E- 04001 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint —Donald S. Huff, Pamela L. Jacobs, Jean L. Willcox, Saundra L. Gingras: of Los Angeles, California— its true and lawful Attorncy(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recogniranccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this LsI day of November, 1996. �por, rte+ =g Kristian P. Moor, President ? r�' National Union Fire Insurance Company of Pittsburgh, PA. Executive Vice President American Home Assurance Company STATE OF NEW YORK ) COUNTY OF NEW YORK Iss. On this 1_t day of November, 1996, before me came the above -named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me perscuutly known to be the individual and otlicer described herein, and acknowledged that he executed the foregoing instrument and alli.xed the seals of said corporations thereto by authority of his Office. CAROL RAGAO Notary Public. State of New York No. OIRA5052011 Oualified in Kings Cnurfy Commission Expires Nov. 13. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American [Ionic Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to rcprcscnt and act for and on behalf of the Company to execute bonds, undertakings, reeognizances and other contracts of indemnity and urilings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business, "RESOLVED, that the signatures and attestations of such ofLcers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof, "RESOLVED, that any such Atlomey -in -Fact delivering a secretarial certification that the foregoing resolutions still he in cllcct may insert in such ccrf if ication the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in- Fact." 1. Flizabath M. Tuck, Secretary of American (tome Assurance Company and of National Union Fire Insurance Company of Pittshurgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Anomcy iseucd pursuant thereto, arc We and correct, and that both the Resolutions and the Powers of Attomcv arc in full force and eflcct. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of each corporation 0(9 63166 (4.'96) this 15 dayof October 19 Elizabeth M. Tuck, Secretary CALIFORNIA ALL -PURPA ACKNOWLEDGMENT State of \ j(� 1 Ay.UL�U_a County of On cif ��i� before me, q "oY v Date r, ( Name arm Title of Officer personally appeared 'ale i'1 c-k, %personally known to me –OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4e/are subscribed to the within instrument and acknowledged to me that44alshe /they executed the same in44sA"Wtheir authorized capacity(ies), and that by hisfherftheir signature(s) on the instrument the person(s), YA+�c- or the entity upon behalf of which the person(s) acted, ruff �+DetrMp executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Cl Cl Cl Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THWUMIT OF SIGt1ER Signer's Name: Cl Cl Cl Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 7 RIGHT THULIBPRINT OF SIGNER I= O 1996 Nalbna1 NM ry Auo&A n • 0M RamokN A".. P.O. Boa 7194 • Canoga Park, CA 91309.7194 Pro . No. 5007 Re~ call ToiFm 1.9091760127 EXECUTED IN TRIPLICATE Bond No. 19 -60 -50 CITY OF NEWPORT BEACH Premium: $1,875.00 SITE PLAN REVr -EW FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, County of Orange, State of California, and The Irvine Company, a Delaware core Fattwreinafter designated as "Principal,° are about to or have entered into an agreement pursuant to the Newport Beach Municipal Code whereby Principal agrees to install and complete pertain designated public improvements as required by conditions of approval to Site Plan Review No. ?�4 , which said agreement, dated ;:kA,.* -22- , 199-L, , and identified as Agreement for Construction of Improvements (Site Plan Review No. 74-11 ), is hereby referred to and made a part hereof (the "Agreement "); and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW, THEREFORE, we the Principal and American Home Assurance Company , as surety, whose place of business is 777 S. Figueroa, 15th F1., Los Angeles, CA 90017 a corporation organized and doing business under and by virtue of the laws of the State of New York , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement in the penal sum of Three Hundred Seventy Five Thousand and N0 1100 Dollars ($'375,.000.00--- - - - -), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly be these presents. The condition of this \obligation is that if the above bound Principal, his, her 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 covenants, conditions and provisions in the 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 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, included reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety and Principal further agree in the event the work and improvements are not completed with the time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. , The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Agreement, or to the work, or to the specifications. IN WITNESS WHEREOF, this ins Principal and Surety above named on Approved as toveiency: -`';, BY. A0Public Works Director By. App ed to Form: City Attorney AD \eta- 997t.mm, 6/26/97 has been duly executed by the it 8 . 199.§-. a Delaware corporation ial Company, Company Home Assurance Company By s Saundra L. Gingras, Attorney- & Fact State of California County of Los Angeles On April 8. 1998 before me, Tracy Aston, Notary Public, personally appeared Saundra L. Gingras personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. *44 Tracy Aston COMM. t 10: 44 Z _ ��=µ°•,i '+CT.:A'J Ptlic — Colf`CT.io LOS ANGELES COUNTY My Comm. Exc*w APR 22. 1999 *44 Tracy Aston American Home Assurance Co pany 40 POWER OF ATTORNEY National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street, Nov York, N.Y. 10270 No. 05 -E -04001 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint — Donald S. Huff, Pamela L Jacobs, Jean L Willcox, Saundra L Cingras: of Los Angeles, California— its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. have each executed these presents ���� are A� w ?�+arrts.0•` this 1st day of November. 1996. Kristian P. Moor, President National Union Fire Insurance Company of Pittsburgh, PA. Executive Vice President American Home Assurance Company STATE OF NEW YORK J COUNTY OF NEW YORK)ss. On this Ist day of November, 1996, before me came the above -named offcer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing insununent and atlixed the seals of said corporations thereto by authority of his o111ce. CAROL RAGAR Notary Public. State of New York No. O t RA505201 1 Qualified in King$ Courly Commission Expires Nov. 13. IQ QQ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Putsburgh, Pa. on May 19, 1976: 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recogn vanes and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of is surety business; -RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anv certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or v%wing obligatory in the nature thereof, 'RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such cenilication the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact.' 1, Eliraboth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are we and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation 00 65166 (L96) this 8th day of April .19-92 .� Elizabeth M. Tuck, Secretary A (. CAROL RAGAR Notary Public. State of New York No. O t RA505201 1 Qualified in King$ Courly Commission Expires Nov. 13. IQ QQ CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Putsburgh, Pa. on May 19, 1976: 'RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recogn vanes and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of is surety business; -RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anv certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or v%wing obligatory in the nature thereof, 'RESOLVED, that any such Attomey -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such cenilication the date thereof, said date to be not later than the date of delivery thereof by such Attomey -in- Fact.' 1, Eliraboth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are we and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation 00 65166 (L96) this 8th day of April .19-92 .� Elizabeth M. Tuck, Secretary CALIFORNIA ALL•PURPOR ACKNOWLEDGMENT to State of C/t -(.,1 PoR-u I A County of DQhiJGE: On M 4:4 ,fib, I rta before me, 7)P-;?)09 A I)ccn>cRa C� -Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public') personally appeared U-4VL61u -C*, Lo 19 1 . tutu RGG Name(s) of Sign. f.) ❑fpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the pglon whose nZrr is(ng subscribed to the within instrument and acknowledged to me that helsheiM executed the same in his/her/41gkauthorized CQac and that by OOMMAWNC.IW his/her /ttg�bi ture(sLdn the instrumentthe erson , + 11714M or the entity upon behalf of which the erson s acted, 11,110crypieft-cal executed the instrument. 9hVC0M&90ftJcn29MMjM2WITNESS my hand and official seal. �1 e 1 I fi lgnc.tn ca u� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying, on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: ❑ Cl E Cl Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Iml Signer's Name: H I Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER LN 0 INS Nabonal No" Aleoclatbrl • WX Remmet Ave., P.O. Boa 71M • CenoP Park, CA 91309-7184 Prod. No. 5907 Floom n Cal ToBFree 1.900.6786647 • July 11, 2000 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department j L. p SUBJECT: CORONA DEL MAR PLAZA- SITE PLAN REVIEW NO. 74 "" " ". .. APPROVED_ _._.. LOCATION: 2400 East Coast Highway, located on the northerly side of East Coast Highway between Avocado Avenue and MacArthur Boulevard DEVELOPER: The Irvine Company RECOMMENDATIONS: 1. Approve the improvement plans and specifications and accept the public street, utility, and storm drain improvements constructed in conjunction with Site Plan Review 74. 2. Authorize the City Clerk to release the faithful performance bonds (Bond No's. 19 -60 -50 and 18- 44 -89). 3. Authorize the City Clerk to release the labor and material bonds (Bond No's. 19 -60 -50 and 18- 44 -89) in six months provided no claims have been filed. DISCUSSION: The public improvements constructed in conjunction with Site Plan Review No. 74 have been inspected and are satisfactory for acceptance. These public improvements include the construction of the Corporate Plaza Storm Drain, water and sewer systems, and a traffic signal at the entrance to Corporate Plaza development. These improvements will be maintained by the City. Private improvements include the construction of an on -site storm drain system and a fire service system line that serves the development. These improvements will be maintained by the developer. An exhibit is attached for reference. Re_ s .. ully sub ed, Don Webb Public Works irector By. Richard Ho s f Attachment: Vicinity Map m C N 1 44 N CORONA DEL MAR PUBLIC IMPROVEMENTS WATER MAIN SEWER STORM DRAIN NEWPORT SITE PLAN REVIEW AGREEMENT THIS AGREEMENT is made and entered into this.? —" day of 1998, by and between THE IRVINE COMPANY, a Delaware corporation hereinafter referred to as "DEVELOPER," and the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), WITNESSETH: WHEREAS, DEVELOPER proposes to develop land within the City of Newport Beach pursuant to Site Plan Review No.,Z ; and WHEREAS, DEVELOPER proposes to construct storm drain improvements in connection with said site plan review as required by the Newport Beach Municipal Code and as hereinafter provided; and WHEREAS, the provision of Section 20.01.070 of the Newport Beach Municipal Code provides for conditional approval of a variance application to guarantee installation and completion of required public improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: DEVELOPER agrees to complete all improvement work in accordance with plans and specifications approved by the Public Works Director, required by the Planning Commission as a condition of improving the site plan review. The conditions imposed by the Planning Commission are incorporated herein by reference and made a part hereof as though fully set forth. DEVELOPER agrees to complete said improvements within a period of 24 months from the date hereof. 2. Said improvements shall be completed to the satisfaction of the City Engineer of CITY, and DEVELOPER shall pay the costs of inspection of said work in accordance with the established schedule of charges for inspection heretofore adopted and on file in the Director of Public Works' off ice. 3. If DEVELOPER shall fail to complete said improvements within the period set out above, CITY may resort to any security deposited by DEVELOPER or call upon the surety for DEVELOPER to pay for said improvements in accordance with this contract. DEVELOPER shall also be responsible for said improvements and the cost thereof. 4. The time within which said improvements must be completed, as set out in Paragraph 1 hereof, may be extended by the City Council determined that circumstances justify 1 an extension of time. 5. DEVELOPER shall file with this agreement with CITY a bond or other security as provided in the Newport Beach Municipal Code in an amount of the Director of Public Works' estimate of the cost of said improvements and the amount of inspection fees which are not covered by any deposit made by the DEVELOPER for said fees, the purpose of which shall be to assure full and faithful performance by DEVELOPER of the work of construction of said improvements and payment to CITY of the inspection charges. 6. Permittee agrees to indemnify and hold harmless CITY and its officers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered in, on or around the development by any person as a result of any act or omission by DEVELOPER or his agents or employees between the date DEVELOPER begins work on the variance and the date the improvements are completed and accepted by CITY. 7. [See Addendum] IN WITNESS WHEREOF, DEVELOPER has executed this agreement and the City of Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and year first above written. ATTEST: City Clerk =..• APPROVED AS TO FORM: iyotl- dity Attorney Leaem.1a \SPR74 -SD .I r 2 CITY OF NEWPORT A municimtcorbrabon DEVELOPER: THE IRVINE COMPANY, a Delaware corporation. In , Predident, Irvine Industrial i of The Irvine Company [Addendum] 7. Nothing contained in this Site Plan Review Agreement shall modify or impair the respective rights and obligations of Developer and City contained in that certain letter agreement re: Corona Del Mar Plaza Project Storm Drain Improvements dated September 25, 1997 executed by and between Developer and City. CALiTORNIA ALL•PURPOSACKNOWLEDGMENT 0 No. 5907 State of County of On J' l v t _dt-\ \o\' � before me,� DATE _ E, TITLE OF OFFICER - E.G., "JANE DOE. ARV PUBLIC" personally appeared personally known to me - OR - ❑ > ,cQ..G. ,Y.,a NAME(S) OF SIGNER(S) to be the person (v whose name( (] (I subscribed to the within instrument and ac- knowledged to me at ac- he executed the same in his er /their authorized capacity(l), and that by is her /their signature on the instrument the person or the entity upon behalf of which he person( acted, executed the instrument. ITNESS my hand and official seal. SIGNA URE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TInE(S) ❑ PARTNER(S) ❑ LIMITED El ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF NUMBER OF PAGES DATE O1FD6cuMME�NTT A J aA — _ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL•PURPOSACKNOWLEDGMENT • State of G ' ' f V-A C-- County of U s GL� Y-- On , 1� � a` i 1, t�� � before me\ DATE personally appeared �✓y ��` ^ personally known to me - OR - ❑-Sre� CAi �Y = IS!1ER 0 Commiss -or N -: i74329 i i Notaly PUDIic Cal'!omla f Orange Cou'?y My Comm Envies ^r 21 2001 No. 5907 �Ai )V-Qw "1(,(- Np , TITLE OF OFFICER- E.G. 'JANE DOE, NOTA UBLIC' V� NAME(S) OF SIGNER(S) to be the person' whose name is are subscribed to the within in ument and ac- knowledged to me that he he they executed the same in his he /their authorized capacity(igC, and that by his (he /their signature)4 on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. Oat: AA'a�r \IYIGNATURE 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMT NUMBER OF PAGES DATE OF DOCUMENT 0 LA-k"W SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. BOX 7184 • Canoga Park, CA 91309 -7184 June 22, 1998 CITY COUNCIL AGENDA ITEM NO. 22.- TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: AGREEMENT GUARANTEEING COMPLETION STORM DRAIN (SITE PLAN REVIEW 74) DEVELOPER: The Irvine Company Kw C61011 I: (&DTAEe1i!A Approve a site plan review agreement guaranteeing completion of the Corporate Plaza storm drain required with Site Plan Review 74, and authorize the Mayor and the City Clerk to execute the agreement. DISCUSSION: On November 9, 1995, the City Council conditionally approved Site Plan review No. 74. Improvements required with the approval of the site plan review included the construction of storm drain improvements as required to properly drain the project site. An exhibit is attached for reference. In order to guarantee completion of the public improvements, the developer has executed an appropriate agreement and provided an accompanying security in the form of bonds (Bond No. 19- 60 -50). ' The agreement establishes the developer's obligation to complete the public improvement construction. The faithful performance surety and the labor and materials surety are in the amount of $375,000.00 each, which is 50% of the estimated cost of the improvements. Respectfully submitted, ebb o&-.- `-.' Public Works Director By: Richar l- offstadt, P.E. Development Engineer . Attachments: Corporate Plaza Storm Drain Exhibit Site Plan Review Agreement and Bonds tVroupslpubwoft %councIR98yune- 22%a- spr74stom W rain.doc ' � 77hrr... �' "• icy.} �1. I�1. �� r _.. � � 0 � •�+ , 11'1 . ? �?,1 � },�-. "I �. W CA 2131N3� ; a 1NOM3N O CL (?V1 i a t • t � \ C , T' • E?aJ 1 - 0 0 SITE PLAN REVIEW AGREEMENT THIS AGREEMENT is made and entered into thistif! day of r/u ,— , 1998, by and between THE IRVINE COMPANY, a Dela.are corporation , hereinafter referred to as *DEVELOPER,* and the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), WITNESSETH: WHEREAS, DEVELOPER proposes to develop land within the City of Newport Beach pursuant to Site Plan Review No. ZL: and WHEREAS, DEVELOPER proposes to construct storm drain improvements in connection with said site plan review as required by the Newport Beach Municipal Code and as hereinafter provided; and WHEREAS, the provision of Section 20.01.070 of the Newport Beach Municipal Code provides for conditional approval of a variance application to guarantee installation and completion of required public improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. DEVELOPER agrees to complete all improvement work in accordance with plans and specifications approved by the Public Works Director, required by the Planning Commission as a condition of improving the site plan review. The conditions imposed by the Planning Commission are incorporated herein by reference and made a part hereof as though fully set forth. DEVELOPER agrees to complete said improvements within a period of 24 months from the date hereof. 2. Said improvements shall be completed to the satisfaction of the City Engineer of CITY, and DEVELOPER shall pay the costs of inspection of said work in accordance with the established schedule of charges for inspection heretofore adopted and on file in the Director of Public Works' office. 3. If DEVELOPER shall fail to complete said improvements within the period set out above. CITY may resort to any security deposited by DEVELOPER or call upon the surety for DEVELOPER to pay for said improvements in accordance with this contract. DEVELOPER shall also be responsible for said improvements and the cost thereof. 4. The time within which said improvements must be completed, as set out in Paragraph 1 hereof, may be extended by the City Council determined that circumstances justify 1 0 an extension of time. • 5. DEVELOPER shall file with this agreement with CITY a bond or other security as provided in the Newport Beach Municipal Code in an amount of the Director of Public Works' estimate of the cost of said improvements and the amount of inspection fees which are not covered by any deposit made by the DEVELOPER for said fees, the purpose of which shall be to assure full and faithful performance by DEVELOPER of the work of construction of said improvements and payment to CITY of the inspection charges. 6. Permittee agrees to indemnify and hold harmless CITY and its officers, agents and employees from all demands, claims, losses or liability on account of injury or damage to persons or property suffered or claimed to be suffered in, on or around the development by any person as a result of any act or omission by DEVELOPER or his agents or employees between the date DEVELOPER begins work on the variance and the date the improvements are completed and accepted by CITY. 7. [See Addendum] IN WITNESS WHEREOF, DEVELOPER has executed this agreement and the City of Newport Beach has caused its corporate name and seal to be affixed by its Mayor and City Clerk thereunto duly authorized as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Lp 18%sPmal$e CITY OF NEWPORT BEACH A municipal corporation By: Mayor DEVELOPER: THE IRVINE COMPANY, a Delavare corporation. President, Irvine Industrial of The Irvine Company C 0 [Addendum] 0 7. Nothing contained in this Site Plan Review Agreement shall modify or impair the respective rights and obligations of Developer and City contained in that certain letter agreement re: Corona Del Mar Plaza Project Storm Drain Improvements dated September 25, 1997 executed by and between Developer and City. E%ECDTED IN TRIPLICATE CITY OF NEWPORT BEACH Bond No. 19 -60 -50 SITE PLAN REVIEW PAITHFUL PERFORMANCE BOND Premium: $1,875.00 WHEREAS, the City Council of the City of Newport Beach. County of Orange, State of California, and The Irvine Company, a Delaware corpozatt=einafter designated as 'principal,' are about to or have entered into an agreement pursuant to the Newport Beach Municipal Code whereby Principal agrees to install and complete pertain designated public improvements as required by conditions of approval to Site Plan Review No. 7 S< which said agreement, dated -/✓ - L i , 199_E'-, and identified as Agreement for Construction of Improvements (Site Plan Review No. J K ), is hereby referred to and made a part hereof (the *Agreement"); and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, NOW, THEREFORE, we the Principal and American Home Assurance Company , as surety, whose place of business is 777 S. FiRUeroa, 15th F1., Los An¢eles CA 90017 a corporation organized and doing business under and by virtue of the laws of the State of New York , and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement in the penal sum of Three Hundred Seventy Five Thousand and NO 1100 Dollars ($ 375,,000.00--- - - -.), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly be these presents. The condition of this obligation is that if the above bound Principal, his, her 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 covenants, conditions and provisions in the 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 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, included reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety and Principal further agree in the event the work and improvements are not completed with the time allowed by the said agreement or any extensions thereof as may be granted by the City, the City may, at its option, and in addition to any other remedies available by law, complete or arrange for completion of the work and improvements, and all costs and expenses therefor shall become a debt due and owing said City, as set forth in the Agreement. , The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Agreement, or to the Work, or to the specifications. IN WITNESS WHEREOF, this ins Principal and Surety above named on Approved as to Sufficiencyt C1. Public Works Director Approved as to Form: City Attorney a /It/ 1 1cVw�el.im, been duly executed by the 1998 . %ny, a Delaware corporarlon American Home Assurance Company rety 0 By Saundra L. Cingraa, Attor - inuFact 24 0 0 State of California County of Los Angeles On April 8, 1998 before me, Tracy Aston, Notary Public, personally appeared Saundra L. Gingras personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 6eklllail Tracy Aston American Home Assurance Company • POWERRRF ATTORNEY .National Union Fire insurance Company of Pittsburgh, Pa. Principal Bond Office: 70 Pine Street. New York, N.Y. 10270 No. 06- E4O4001 KNOW ALL hIEN BY THESE PRESENTS: j That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. t Pa.. a Pennsylvania corporation, does each hereby appoint — Donald S. huff, Pamela L Jacobs, Jean L Willcox, Saundra L Cingras: of Los Angeles, California — its true and Imdul Attomcy(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings. recognirances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IN WITNESS WIIEREOF. American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. have each executed these presents this 3I dty of Nov m r, 1924. +area qrr 'hshot*r : i ia p� Kristian P. Moor, President ,+ y �aa,n s.• National Union Fire Insurance Company of Pittsburgh, PA. 1ham,.0 Executive Vice President American Home Assurance Coma'Inv SLATE OF NEW YORK l COUNTY OF NEW YORK)ss On this lit dry of NoverrK, , 1996, before me came the anxe- nasted officer of American Home Assurance Company and N.mun:d Uoima Fire Insurance Company of Pittsburgh. Pa., to me hsunolly krnun to be due individual and officer described herein, CAPOL PASdB recd acknosdedccd that he executed the foregoing instrument and Notary No. G! 5a•a e! r :e.y Yerk No. G! Ki5 -S. ^C- ...yN the Ovals of said corporations thereto by authority of his Omp!ine in Rn.�s C;u ^ly ......v CCmmiss'on Espuos racy. toe. "7- CERTIFICATE 1!vacgns of Resolutions adapted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company s !`:uAN,r;h. Pa. on May 18. 1976: "RESOLVED, tlut do Chainnw of the Bond, the President, or my Vitt President be, and hereby is, authorized to appoint +utomeys -in -Fact to represent and act for and on behalf or the Company to execute bonds, undertakings, recognizanees and other contracts of indemnity and nritings ohbe:dory in the nature thereof, and to attach thereto the corporate seal of the Company. in the transaction of its surely business, -RESOLVED, that the signauues and anesialions of such officers and the seal of the Company may be a ?xed to any such Paver of Anomcv or to am: �micme relating thereto by facsimile, and any such Pou'er oCAtlomey or certificate bearing such facsimile signature or facsimile seat shall - valid and binding upon die Company uhcn so affixed with respect to any band, undertaking, recognizance or other contract of indemnity or h. ^.:ma uhim.ton, in the nature thereof, - RESOLVED. that any such Attomcy-in -Fact delivering a secretarial certification that the foregoing resolution, still he in clTect may insert in such emiticauun the dote dereof, said date to be not later than die date of delivery thereof by such Auomcy-in-Faet.- t, i:!:nfw!!i V Tuck, Secretary of American Home Asauauce Company and of National Union Fire Insurance Company of Pittsburgh, 19. do F. -env ccnj:'% that the foregoing excerpts of Resolutions adopted by the Bmuds of Drectors of drew corporations, and the Powers of Attorney h.eaeat p ursn:mt dt7eto, are [me and correct, and that both die Resolutions and the Powers or Atfomey are in full force and elTect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile cal of each corporation J asasny, this Bch d q.of April ,1998 i u+eyg. ' ,,� •�"� w' Elimbcth \t. Tuck. Seerelaq. a: rai p 9�q 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of _ 0•A2.0F09AJ(A r County of t5g_A J ,(A On M •YF. I `t iF. before me, ` 050-ht-t h • hd IIJ C4liJ C +- ti'- r7rc+•(� , fw„ Nam N r4Y 0 0411, (-.2. 'n41 C . NONry I.., personally appeared L!LNiC•c`NLb 1J IRIMJX;r_ kJO 49nGr¢, oL f+JALZAcE idpersonally known to me - OR -O proved to me on the basis of satisfactory evidence to be the rson whose QggR�) isWo subscribed to the within instrument and acknowledged to me that he /she xecuted the same in tislhec222 authorized acct 'i and that by DE30RnHti DUNCAN his/her natur on the instrument th rson Comminlon M 1171470 i or the entity upon behalf of which th erso ) acted, �' -: Nblcry PubIo- CokIonio S executed the instrument. orange Ccvnty - h+yComm.Expresian29,xIfT1 WITNESS my hand and official seal. hm�ri -r h • �,,. ,.� bqui p� ry OPTIONAL Though the infonmallon below is not required bylaw. it may prove valuable to persons relying on the dbpument and coutd prevent fraudulent removal and realrachment of this form to another dpppment. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual = Corporate Officer Title(s): Partner — = Limited C General Attorney-in-Fact Trustee ._ Guardian or Conservator Other: Signer Is Representing: nKUrt 7nub�eeNen ocswvFa Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner —0 Limited --General Attorney -in -Fact C Trustee Guardian or Conservator Other: roc o� here Signer Is Representing: L IppS W�w,NwrrNwr tan•NblYmhl.w..vO.Bw 11M •Cnop14.M1Ge,X9.111 Nve. W. bYm %. 1.C..1. 1d 1e 1 EXECUTED IN TRIPLICATE CITY NEWPORT BEACH Bond No•. 19 -60 -50 SITE prow gEVTEW LABOR AND M?TERIALS BOND Premium charged is included in charge for WHEREAS, the City Council of the City oCf Newport BeaWo &oadffy W Orange, State of California, and The Irvine ompany, a Delaware haroorarfpn r hereinafter designated as °Principal,• are about to or have entered f Into an agreement pursuant to the Conditions of Approval to Site Plan \ \\ review No.L whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated 1 199 7 , and identified as Agreement for Construction of Improvements (Site Plan Review No. 7sc ), is hereby referred to and made a part hereof (the "Agreement "); and WHEREAS, under the terms of the Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Newport Beach to secure and guarantee payment to any contractors, subcontractors and persons furnishing labor, materials and equipment for the performance of the Agreement. NOW, THEREFORE, we the Principal and American Nome Assurance Company , as surety., whose place of business is 777 S. Figueroa, 15th F1. Los Anve es, CA 9007 , a corporation organized and doing business under and by virtue of the laws of the State of New York and duly licensed by the State of California for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, are held firmly bound unto the City of Newport Beach and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement in the penal sum of Three Hundred Seventy Five Thousand and NO /100 - Dollars ($375,000.00----- - - - - -- ) for equipment and 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 Surety will pay the same in an amount not exceeding the amount hereinbefore set forth, and also if 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 inure 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 the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on April 8 , 1998 , The Lfv nem�pa�n a De (ovate corporation Approved as to Sufficiency: By s +� Public Works Director Approved as to Form: City Attorney w,an, -uw.aw snvn • 0 State of California County of Los Angeles On April B. 1998 before me, Tracy Aston, Notary Public, personally appeared Saundra L. Ginoras personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. :es Tracy Aston American Home Assurance Company POWER OF ATTORNEY . National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Once: 70 Pinc Street, Noy York N.Y. 10270 No. 05-F-04001 KNOW ALL MEN BY THESE PRESENTS: That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation. does each hereby appoint — Donald S. Huff, Pamela L Jacobs, Jean L Wilkes, Saundra L Cingras: of Los Angela, California — its true and lassful Altorney(s) -in -Fact, with full authoriy to execute on its behalf bonds, undenakings, recognizances and other contracts of indemnity and eritings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby. IY WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. bave each executed these presents this 1 day of Notymbe r, 192¢. � saarw4 I3 an P. Moor, President National Union Fire Insurance Company of Pittsburgh. PA. ? f 1s,m,0 Executive Vim Pfaidcnl American Home Assurance American Home Assurance Company SF: \TE OFrINEW YORK ) COUNTY OF NEW YORK)ss. On this 1st day of Novern 199¢ before me came the Qp ahwc -renad offixef of American Home Assurance Company and n.• Nmuntal Union Fire Insurance Company of Pittsburgh. Pa., to me personally known to be the individual and officer described herein, CAROL RAGAB :and ackno.ledeed that he executed the foregoing instrument and Notary Public $:ate al Now Verk No Oi King$0n m'.iteJ the seals of said corporations thereto by authority of his Outfitted in Klnps County �y.. wi :cc. Commission Exel'es Nay. Ice. CERTIFICATE E.,c,, is of itemimions adopted by the Boards of Directors of American Flame Assurance Company and National Union Fire Insurance Company of PulshurYh. Pa. on May 13, 1976: -RESOLVED, Out the Chairman of the Board. the President, or any Vice President be, and hereby is, authorized to appoint Allonnys -in -Fact to rcpresemt and act for and on behalf of the Company to execute bonds, undertakings, recognbanms and other contracts of indemnity and urilirgs nhlieatory to the nature therm[ and to attach thereto the corporate seal of the Company, in the transaction o(its surety business, 'RESOLVED, flat the signatures and aft Nations of such officers and the semi of the Company may be affixed to any such Pottier of Attom,:y or to any cendica:c relating thereto by facsimile, end any such Power o(Altomey or certificate bearing such facsimile signatures or facsimile seal shall h calif and binding upon the Company wbcn so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or uL.ms ahlcaory in the nature thereof. 'RESOLVED, that any such Auom <y-in -Fact delivering a vec«larial «niti<alion that tithe foregoing resolutions still be in effect may inert in such a,. w1cathon the date thereof; said date to be not later than the date ofdciittry therm( by such Attomey-in- Fact.' L FWahe:h %I Tod, Scerciary of American home Assurance Company and of Na,ional Union Fire Insurance Company of Piushurgh, Pa. du herchy eerrYy that ttc foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Po,,vn of Manuy ,stied purshunt thereto, arc we and corral, and that both the Resolutions and the Powers of Attorney are in full force and elect. 1:1; WITNESS NTIEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation 6! 1"(4 96) +yt6lrryV this Itch day or April , 19 98 iuscV. ± aa„n,4 •� �' Elizabeth M. Tuck Secretary \. r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of (f. Au re- g-U /A County of :D4 /h IL.. 0 On rn A-y 3P_• 1998 before me,�FP�o.4t-ri k. �uwcwi ce—;7veq —�..�. ..., rft el 04. I..O..'Hr Da. NaryViWS� personally appeared (tJ_ _6,+e__eFY_ .t-r h7 wm.ui a sy..n.l G. / personally known to me - OR proved to me on the basis of satisfactory evidence to be thpa so whose n e s s/ fse.• ubscribed to the within instrument and acknowledged to me that he/she/ a r,executed the y same in hisftier/OhLauthorize a acit ), and that by Dc30RN1 ti DUNCAN F his/her /I07s natur n the instrument a rso Commbilon t 171i7D or the entity upon ehalf of which t person )acted, S Notoy PublIc- CWifomio executed the instrument. orange Cowry - QMYCaYMBVMkn2?,20Q2 WITNESS my hand and official seal, ia*.l� tt¢ f't Fr • (�Ccrz G s-n P S.pnewr a •w.ry M OPTIONAL Though me information below h ool required by law, k may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. Individual Corporate Officer Title(s): - Panner — _Limited General Attorney-in-Fact Trustee Guardian or Conservator ._. Other: _ Too of mumo here Signer Is Representing: Number of Pages: Signer's Name: i_i Individual C. Corporate Officer Title(s): Partner — = Limited C General n Attorney- in-Fact Trustee - Guardian or Conservator Other: -,ao 1a bbty.e Signer Is Representing: 0 rVn Y. ,W " . - SEN aNrvM1.._ PO. 9u 11w• c. ou6 a9,l ?ra Ree. W, MY A .aw. eY TW.Rw ri06.ladli>