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Approve Final Tract Map No. 16573 of Tentative Tract Map No.
City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 m OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC April 18, 2008 William Fox Homes 3333 Concours Street Building 7, Suite 7200 Ontario, CA 91764 Attn: Jide Alade, Vice President Re: Release of the Securities for Tract No. 16573— [Acceptance of Public Improvements] Please be advised that on Monday, April 7, 2008 the City Council of the City of Huntington Beach took the following action: E-7. (City Council) Approved Release of the Faithful Performance Bond Provided as Security by William Fox Group, Inc., Developer of Tract 16573, Located on the East Side of Delaware Street, South of Yorktown Avenue; Accepted the Public Improvements and the Guarantee and Warranty Bond Furnished as Security for Those Improvements — 1)Accepted the improvements constructed for public use with Tract No. 16573; and, 2)Accepted Guarantee and Warranty Bond No. 245832, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 3) Release the Faithful Performance Bond No. 245832, Labor and Material Bond No. 245895 and Monument Bond No. 245833 pursuant to California Government Code Section No., 66499-7 (a); and, 4) Instructed the City Clerk to notify the developer, William Fox Group, Inc., of this action and the City Treasurer to notify the surety, American Contractors Indemnity Company, of this action; and 5) Instructed the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, 4g4C) tan . Flynn, CMC City Clerk JF: pe g:lfollowu p/tra ct/acceptp u blicim p-notice.doc Sist8F° !qfR#'Xnjo, Japan o Waitakere, New Zealand (Telephone:714-536-5227) Page 1 of 2 Esparza, Patty From: Bogart, Steve Sent: Wednesday, April 16, 2008 10:26 AM To: Esparza, Patty Subject: FW: Tract 16573 As-Built Plans certification Good Morning, Patty: Please make note that the address for the Developer for Tract 16573 had been changed. Their bond release was item E-7 on the April 7, 2008 Council Meeting. Steve Bogart From: Jide Alade [mailto:jalade@williamfoxgroup.com] Sent: Wednesday, April 16, 2008 10:28 AM To: Bogart, Steve Subject: RE: Tract 16573 As-Built Plans certification Steve, Please note you have our old address on the city council report so we may never receive the release. Could you please forward our current address below to the appropriate party? r e Aladee President lliam Fox Homes 33 Concours Streetilding 7, Suite 7200 tario, CA 91764 el: 909 373 8133 Ljalade@williamfoxgroup.com x: 909 373 8137 From: Bogart, Steve [mailto:sbogart@surfcity-hb.org] Sent: Monday, March 17, 2008 7:33 AM To: Jide Alade Subject: RE: Tract 16573 As-Built Plans certification Good Morning, Jide: Yes, the Engineer completed the last remaining signatures and I turned the package in to get us on the agenda for April 7, 2008 Council meeting. The bonds will be exonerated this day, the City Clerk will notify your firm and the City Treasurer will notify the bonding company. Letters typically go out the same week but I always tell developers to allow up to 2 weeks. I've attached the Request for Council Action for your reference. Have a great day, Steven Bogart-Senior Civil Engineer 4/18/2008 Page 2 of 2 City of Huntington Beach - Dept. of Public Works Office -714.374.1692 Fax- 714.374.1573 From: Jide Alade [mailto:jalade@williamfoxgroup.com] Sent: Saturday, March 15, 2008 8:34 AM To: Bogart, Steve Subject: RE: Tract 16573 As-Built Plans certification Steve, I understand our engineer met with you and perfected the signatures and stamps you required on the Mylar's. Please let me know when our bonds are scheduled for final City Council hearing and when we should expect to receive the final bond exoneration letter from you. Regards, Jide Alade Vice President William Fox Homes 3333 Concours Street Building 7, Suite 7200 Ontario, CA 91764 Tel: 909 373 8133 Fax: 909 373 8137 jalade@williamfoxgroup.com From: Bogart, Steve [mailto:sbogart@surfcity-hb.org] Sent: Thursday, February 28, 2008 2:59 PM To: Jide Alade Subject: Tract 16573 As-Built Plans certification Good Afternoon, Jide: As per our telephone conversation today, attached is the as-built certification statement(on the lower half of the sheet) that is required on all sheets of the Tract Grading Plans and Improvement Plans for the subject project. Please arrange for the Engineer to pickup the mylars from the Public Works counter at City Hall and place the certification statement on each sheet of the mylars and have the Engineer sign &stamp each cert as well. Any questions please feel free to contact me. Thank you, Steven Bogart-Senior Civil Engineer City of Huntington Beach - Dept. of Public Works 2000 Main Street, Huntington Beach, CA 92648 Voice - 714. 536.5431 Fax- 714.374.1573 4/18/2008 ,tea „—.-. _....,,,.- ,.��,.,x-;cfi1r"�--.•'i..r�-.....y... p „ti,; S RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name)' ) after signing/dating (Date) CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. ,` Guarantee and Warranty Bond No. �`7 —5—Y Re: Tract No. A �S T CC No. MSC No. f d _ rf Approved .�-�. Agenda Item No. (Council Approval Date) City Clerk Vault No. 44:9,0 . L-:?L #27 g1followup/bondletter.doc Council/Agency Meeting Held: 5� Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied �"qL ity C 's % natur Council Meeting Date: 4/7/2008 Department ID Number: PW 08-23 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB S SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF P LIC WORKS SUBJECT: Approve the Release of Securities for Tract No. 16573 and Accept the Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: William Fox Group, Inc., the developer of Tract No. 16573, located on the east side of Delaware Street, south of Yorktown Avenue, has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: No funds required for this action. Recommended Action: Motion to: 1. Accept the improvements constructed for public use with Tract No. 16573; 2. Accept Guarantee and Warranty Bond No. 245832, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 3. Release the Faithful Performance Bond No. 245832, Labor and Material Bond No. 245895 and Monument Bond No. 245833 pursuant to California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify the developer, William Fox Group, Inc., of this action and the City Treasurer to notify the surety, American Contractors Indemnity Company, of this action; and 5. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/7/2008 DEPARTMENT ID NUMBER: PW 08-23 Analysis: On March 21, 2005, the City Council approved Final Tract Map No. 16573 and accepted bonds from William Fox Group, Inc., the securities furnished for Faithful Performance, Labor and Material and Monuments. The developer, William Fox Group, Inc., has completed the required public improvements, and is requesting acceptance of the work and release of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). Public improvements constructed consist of curb, gutter, sidewalk and driveway approaches within the public right-of-way along project's frontages at Delaware Street and England Street. 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. The developer, William Fox Group, Inc., has provided Guarantee and Warranty Bond No. 245832 as security for the one-year warranty period. Following is a list of project data: Developer: William Fox Group, Inc. 800 N. Haven Ave., Suite 260, Ontario, CA 91764 Engineer: Foresight Engineering, 505 N. Tustin Ave., Suite 284, Santa Ana, CA 92705 Surety: American Contractors Indemnity Company Location: 2320 Delaware Street (east side of Delaware Street, south of Yorktown Avenue) Zone: RM-15 (Residential Medium Density— 15 units per acre maximum) No. of Acres: 0.39 acres/17,152 sq. ft. (gross) No. of Lots: 1 numbered and 0 lettered Public Works Commission Action: Not required. Strategic Plan Goal: (1-1). Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: The recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): o . . ® - 1. Acceptance of Public Improvements Form 2. Guarantee and Warranty Bond No. 245832 3. Location Map -2- 3/11/2008 7:55 AM ATTACHMENT # 1 Recording requested by, and when recorded return to: - - - ----- - -- - - Recorded in Official Records, Orange County Joan L.Flynn,City Clerk Tom Daly, Clerk-Recorder Office of the City Clerk IIIIIII IIIIIIIIIilllll(IIIIIII IIIII IIIII IIIII III IIIII IIIIIII IIII IIII NO FEE CITY OF HUNTINGTON BEACH P.O. Box 190-2000 Main Street 2008000172150 04:16pm 04/14108 Huntington Beach,Ca. 92648 212 211 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 s (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 March 11, 2008, 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. Public improvements constructed in relation to Tract 16573 consist of curb, gutter, sidewalk and driveway approaches within the public right-of-way along the projects. frontages.at Delaware--- -- — -"Street, nd England-Street. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the April 7, 2008 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 2009 City Clerk and Ex-officio Cle k o e City Co ncil Of the City of Huntington.Beach, California By eputy = CITY OF HUNTINGTON BEACH by: City trigineer AohJ ATTAC H M E N T #2 BOND NO. 245832 PREMIUM Included in Performance Bond j GUARANTEE AND WARRANTY BOND WHEREAS,Team Delaware,LLC as a Principal,and American Contractors Indemnity Company a corporation organized under the laws of the State of California and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of ($3,600.00)Dollars Three Thousand Six Hundred and no/100------- ,representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally. r i WHEREAS,the said Principal entered into a contract with said Obligee,dated {� March 21, 2005 for work described as follows: 1 GENERAL IMPROVEMENT-TRACT NO. 16573 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to i i. guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one-year period. WHEREAS,said work has been completed,and accepted by Obligee on i f NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or I workmanship,which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on October 22nd 2007 Team Delaware, LLC American Contractors Indemnity Company j I By: By /t TA Carazza,Attorney-!n- act S APPROVED AS TO FORM J NIFEER McGRATH,City Attomey CAVocinments and Sa ingsWarkpUlual SpringATcmpornry Inianct FiIcs%0LKC01Guarnmcc Word.dnc /&-7 I y Paul D'Alessandro Assistant City Attorney `1 STATE OF CALIFORNIA ) SS COUNTY OFF ) � 54►.r P>rtz�.d�l�-a►r►O i ON 0Q1V F- M1007BEFORE ME, 1,gJ16IA MWQIAEZ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED C�frevAvJl D E -A LA-DO Af� I PERSONALLY KNOWN TO ME( i TO BE THE PERSON$'WHOSE NAMEXA.1%SUBSCRIBED TO THE WITHIN. INSTRUMENT AND ACKNOWLEDGES TO ME THAT P-1&EXECUTED THE SAME IN AUTHORIZED CAPACITIEV,AND THAT BY SIGNATURES'ON THE INSTRUMENT THE k PERSON$',OR THE ENTITY UPON BEHALF OF WHICH THE PERSON$'ACTED,EXECUTED lll( I THE INSTRUMENT. i WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS I. NOTARY PUBLIC A D FOR SAID STA E IN off 9,:F,-PN[Al2-PIN20UNTY LEneI'� M��z PRINTED NAME MY COMMISSION EXPIRES ATlI.�A}zy �'—f� LETICIA MARQUEZ _ Commission#1541657 z qNmy Notary Public-California San Bernardino County Comm.Expires Jan 6,2009 STATE OF CALIFORNIA ) SS (` COUNTY OF ORANGE ) I i ON —,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED j AND I PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF STATISFACTORY j 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 I SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY 1 PRINTED NAME MY COMMISSION EXPIRES i I I 2 � I CADocmncnis:md scUingslrcnnporary Inicnsl R1\OLKCOVivaramcc Wnrd.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CALIFORNIA j County of LOS ANGELES j On 10'ZR before me, ROCHELLE A. HILL, A NOTARY PUBLIC (here insert name and title of the officer) personally appeared TAH CARAZZA personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(a)-whose name( )"is/subscribed to the within instrument and acknowledged to me that,hc/she/ executed the same in Jh�9Iher/Aeit'authorized capacityoze, and that by Jiislheraheir signaturek<on the instrument the person(,�or the entity upon behalf of which the persorvs'f acted, executed the instrument. WITNESS my hand and official seal. ROCHEUE A. Hill Commission # 1634494 f z -m Notary Public-California Los Angeles County My Comm.E>Pkes Jan 3,2010 Signature of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section of a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a '71r�3� document is to be recorded outside of California. In such instances,art),alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the motao,to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check fire (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/*ey--is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment foam. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type ofattached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CAPA 5,12.10,05 Z 1,y Association of Professional Noraries ti CSA 800-873-9865 a m.notaryclasses.com 'l!Jl pj ---. Amex Ind Cwrw pan 11", It N #!Iorsi IIIIII 9841 AirportBlvd.,9'Floor Los Angeles;California 90045 Ali U it, II1111, , M_ --- I _- ,, ,, PO WE] � ' III IIII 17 ld,"EY it ll ALL MEN BY THESE PRESENTS: That AmeriewCorltractarsAnderni Co cerptirlation, di California,a-Ca does hell a fl, im Ffa MeSteri;Ariel T.Her 'Michael Cha—to—o—I 0 n li P Lakshtan or Sylvia Chang of Los Angeles,California ,I ii'i III hits _. I 1pnic t e ,law Attomey(s)-iq-Fqr authority to exejute oqqlitlli�i alf bonds,underta Cj& es and other contracts et,witfi full i I'Se C and wfit �D_ I nature thereof, th' if its bus ,Iss!-and to 1�ind---gato d t further action on June .000.00 i r of Attorney 41 6�1 Company thereby, in an t exceed 9UZ T111ill o Th s,OoW81' re 29,2009. lj Ilk, A-1 air he ted and1rI 1111 11� facsimile under of the ftillowjAgIiI 614 opted burl EMNITY C0N990WAJffiaWM g du T TA!�I Ii n ffUiTl�iff-M.4ERIC ay O'i"11i l This Power-W-., Oth T .4n 614 e o ---- All the B duly cafi�, U JIJ: Ipp, e6 d Decembi that the ChtefEczvcw�sident or any Vice President,Zx&*ive Vice President,$qcref9ill 4pistant Secretary,shall have the Ithority 1. TO appoint AtMorne Y ri)-it and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts nature thereof and, A d-takings, indemill other writings obligatory in the XG rmomwiliw time,any su� revoke the a vm RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate ,relay OIK to by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile iseal shall be valid and binding I'll ttr 'pany and an40404k m acd and certified beya and Z , binding upon the Company It; - signatures an Shia 11 .. rphdW—aking to which (toc'' A_0 djacsimile� i,i Awith respect to�w IN WITNESS WHERE-OF,American Contractors Indemnity Company has caused its seal to-be affixed hereto and,exec4tedilb its 'y th Wi -sidd 9 day 'it Execu we ftowpm, ofljajo'�'�` 00.1 �!i ,!iss 1! -CONT11ACTIORS INDEMN(TVIC P AMERICAN OM; Al I D ITUM _41 §f,&yi`6F- CALIFOI?NW Adam S.Pessin,Exec ive Vice President COUNTY OF LOS ANGELES On thi -fore rp s ah�07,before ,`$ � Ill 1 i;'g iiiviAiice fore eIj F nI a notary publiQj��If� �red Adam S.,�Po, i# f: 7bM n the basis 4944,faq r jk= Can enm- I - ricaaftifto Ars Inden f gil known to rd 9' io Presid !qvioence)to y y be the per-so-h(s)whose name(s)is/are s lbe:within instrument an(ff-- wwiedged 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.1hp entity upon behalf of soul acted,q theinstfurnent. q 6: IE:F ;l 'K.. my hand and-Official-seal. STEVE UNIA Cofnrn,No. 1593578 0 _-NOTARY PUBLIC-CAUFORNIA 0 III II I I, JOSANGELES COUNTY Signature of Notary My Commission expires June 29,2009 I l.Kim,Corporate of American Contractors Indemnity Company,do hereby certify tbkliihe Power of Attorney and the opted by the Board of Directors of said Comp"ahy"U`se't fbithia"b"o"ve, are true and;iCeIrrett1iah9dripts thereof and that neither d 'O'wer of Attome rnor the resolution have been revoked and the"are now in full force and`0 ect, IN WITNESS HEREOF,I have hereunto sit ppIts Iyj*id'IAII YW�977A&—day of 7 ,200 Bond No. Kim,Co Secretary Agency No, 9012 Rev.POA03/22/06 ATTACHMENT #3 y5�� �' NbVEST ST. Ada � MAIN STREET z Fes] m r ®ELAIMARE ST. � c� � � m e f BEACH BLV . z M A G N 0 L I A ST . RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 16573 and Accept the Public Improvements COUNCIL MEETING DATE: April 7, 2008 RCA;ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) IaVottched applicable El Staff Report (If applicable) Attached t applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTAcHMENTS REVIEWED RETI.�RIVED` A° , I°OR ED Administrative Staff ( ) Deputy City Administrator Initial City Administrator (initial) City Clerk ( ) EXPLANATION FOR RETURN,OF ITEM: RCA Author: S. Bogart City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 B 0 OFFICE OF THE CITY CLERK :r.,9as .ROAN L. FLYNN CITY CLERK April 8, 2008 Tom Daly O. C. Clerk— Recorder 12 Civic Center Plaza, Rm. 101 Santa Ana, CA 92701-4057 Attn: Document Examiner Enclosed please find Acceptance of Public Improvements for Tract No. 16573 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followu p/tract/acceptpubl icimp-reco rder.d oc SisteR"CcW#-'#%�fijo, Japan o Waitakere, New Zealand (Telephone:714-536-5227) City ®f Huntington Beach Mx 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC e JOAN L. FLYNN CITY CLERK April 8, 2008 William Fox Group, Inc. 800 N. Haven Ave., Suite 260 Ontario, CA 91764 Re: Release of the Securities for Tract No. 16573— [Acceptance of Public Improvements] Please be advised that on Monday, April 7, 2008 the City Council of the City of Huntington Beach took the following action: E-7. (City Council) Approved Release of the Faithful Performance Bond Provided as Security by William Fox Group, Inc., Developer of Tract 16573, Located on the East Side of Delaware Street, South of Yorktown Avenue; Accepted the Public Improvements and the Guarantee and Warranty Bond Furnished as Security for Those Improvements — 1) Accepted the improvements constructed for public use with Tract No. 16573; and, 2) Accepted Guarantee and Warranty Bond No. 245832, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 3) Release the Faithful Performance Bond No. 245832, Labor and Material Bond No. 245895 and Monument Bond No. 245833 pursuant to California Government Code Section No., 66499.7 (a); and, 4) Instructed the City Clerk to notify the developer, William Fox Group, Inc., of this action and the City Treasurer to notify the surety, American Contractors Indemnity Company, of this action; and 5) Instructed the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, an L. Flynn, CIVIC City Clerk JF: pe g:/fo I I owu p/tract/a cce ptp u b I i cinn p-notice.d oc Sistff'e7�ftsg%jo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) J CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: S Freidenrich, City Treasurer FROM: �q DATE: 0 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. y T -) CC No. MSC No. Approved Agenda Item No. (Cou cil Approval Date) 60 City Clerk Vault No. #27 gAollowup/bondletter.doc First American Title Company 2 FIRST AMERICAN WAY,SANTA ANA,CALIFORNIA 92707 (P.O. BOX 267, SANTA ANA,CALIFORNIA 92702) (714) 800-3000 1 n O _ O APRIL 22, 2005 CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA G ATTN: PATTY ESPARZA REFERENCE: TRACT NO. 16573 OR- 1525253 DEAR PATTY, ENCLOSED HEREIN YOU WILL FIND THE ORIGINAL SHEET 1 OF THE ABOVE REFERENCED MAP. THE ORANGE COUNTY SURVEYOR'S OFFICE HAS REQUESTED THAT THE MAP BE RETURNED FOR CORRECTIONS. THE NEEDED ITEMS ARE AS FOLLOWS 1. ORIGINAL SIGNATURE AND DATE INFORMATION TO COMPLETE THE CITY CLERK / CERTIFICATE. ✓ 2. DATE INFORMATION TO COMPLETE THE CITY PLANNING COMMISSION CERTIFICATE. x ss-s� 3. REPOSITIONING OF THE CITY ENGINEER'S STAMP. THE CURRENT STAMP IS INTERFERING WITH THE WORDS "EXPIRATION DATE" AND THE RECORDER'S OFFICE COULD REJECT THE MAP BECAUSE THESE WORDS MAY BE ILLEGIBLE WHEN X� N REPRODUCED FOR THE PUBLIC RECORD11.1 FEEL FREE TO GIVE ME A CALL IF YOU SHOULD HAVE ANY QUESTIONS. WHEN ALL OF THE ABOVE ITEMS HAVE BEEN CORRECTED YOU SHOULD GIVE ME A CALL TO ARRANGE TO HAVE THE MAP PICKED UP. SINCERELY, RONAL . GpLITLEOFFICER SUBDIVISI NATIONAL HOMEBUILDER SERVICES FIRST AMERICAN TITLE COMPANY PH. (714) 800-4822 FAX (714) 800-4965 � a RECEIVED BY: CITY CLERK RECEIPT COPY , 7�/o ��'U 1 Return DUPLICATE to G I p� City Clerk's Office (Name) `J after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenriich, City Treasurer k FROM: DATE: h AS— SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. /�:R LIS— b Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Co, ncil Approval Date) City Clerk Vault No. #27 g:/followup/bondletter doc - �� i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 4, 2005 First American Title Insurance Company 2 First American Way Santa Ana, CA 92707 (714)— 800-4822 Attn: Ronald Gomez, Title Officer Re: Tract Map No. 16573—Order No. OSA- 1125770 (E/S Delaware, S/O Yorktown) The City Engineer of the City of Huntington Beach approved Tract Map 16573 and authorized the release of said map for processing by the County. After recording, please return a duplicate Mylar, 2 prints, and a digital file disk of the Parcel Map to Joe Derleth, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648. Joan L. Flynn City Clerk J F/d j Attachment Received by: � /�+ �� _ CLERK'S OFFICE RETAINS COPY FOR FILE Date: — --� Name of Company �}C am, Phone 1391 g:\followup\parcel\parceim p2003.doc procedure#20 I (Telephone:714-536-5227) NOTICI&F COMPLIANCE WITH CCOITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 20I U FROM: PLANNING DEPARTMENT TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: xyES $ g5gy ❑ NO rI ' DEVELOPER: W I V��� ��� I�w-�,5 ;ar—j�Jjjm for: Howard Zelefsky Director of Planning GVLANNING\FINAL MAPS\NOTICE OF COMPLIANCE:WITH CONDITIONS.doc a h C� Y OF HUNTINGTOI BEACH INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn City Clerk FROM: Joe Derleth � Survey Party Chief SUBJECT: Tract No. 16573 (Authorization to Record) DATE: 4 April, 2005 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Insurance Company TITLE OFFICER: Ronald Gomez ORDER NO.: O-SA-1125770 LOCATION: E/S Delaware, S/O Yorktown PHONE NO.: (714) 800-4822 e Der th G:/Eng/Crosby/Forms/Map auth to record RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) t�4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenrich, City Tre urer FROM: ✓ 2�, DATE: Z/ 6 A SUBJECT: Bond Acceptance I have received the bonds for 7� (Company Name) Faithful Performance Bond No. ::�R Labor and Material Bond No. CA 7� Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. E (Cgbncil Approval Date) City Clerk Vault No. Z!Z #27 g:/followup/bondletter_doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: /,J TO: ! A L L� ATTENTION: Name S T DEPARTMENT: C)eo T%1.9 C) ca.. 9 ;4'-! REGARDING:%- t /V".fiO,JLr,b- City,State,Zip See Attached Action Agenda Item j -/1 Date of Approval .3_2/ Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: City Clerk Attachments: Action Agenda Page Agreement '� Bonds Insurance RCA Deed Other Department RCA Agreement Insurance Other Department RCA Agreement Insurance Other De Vent RCA Agreement l/ Insurance Other 1 Name m artment RCA Agreement Insurance Other Name Department RCA Insurance lJ g:/followup/letters/coverltr.doc (Telephone: 714-536-5227) T7 . ZPiC y �l}'J �C/-fg-ur�✓D Council/Agency Meeting Held: ©S-- Deferred/Continued to: ��pproved ❑ Conditionally Approved ❑ Denied iWa y Cl rk' ign ur Council Meeting Date: March, 21, 2005 Departm Number: PL05-12 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION - ti SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS u SUBMITTED BY: PENEL EE CULBlRETH-GRAFT, City dminis rator o == PREPARED BY: HOWARD ZELEFSKY, Director of Planning I SUBJECT: APPROVE FINAL TRACT MAP NO. 16573 OF TENTATIVEARACT MAP NO. 16573 (2320 DELAWARE 1 LOT SUBDIVISION) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16573, located at 2320 Delaware (East side of Delaware Street, south of Yorktown Avenue) is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16573 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)." 2. "Approve the Subdivision Agreement between the City and Team Delaware, LLC., and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16573 and reject the offer of dedication, improvements and bonds." I • REQUEST FOR ACTION • MEETING DATE: March, 21, 2005 DEPARTMENT ID NUMBER: PL05-12 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: William Fox Group, Inc. 800 N. Haven Ave. Suite 260 Ontario, CA 91764 ENGINEER: Foresight Engineering 505 N. Tustin Avenue, Suite 284 Santa Ana, CA 92705 LOCATION: 2320 Delaware (East side of Delaware Street, south of Yorktown Avenue) ZONE: RM (Residential Medium Density) GENERAL PLAN: RM-15 (Residential Medium-Density— 15 units per acre maximum) NO. OF ACRES: 0.39 acres/ 17,152 sq. ft. (gross) NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 6 (attached residential condominium units) DATE OF COMPLETE APPLICATION: March 4, 2005 MANDATORY PROCESSING DATE: April 5, 2005 DISCUSSION: On February 10, 2004, the Planning Commission approved Tentative Tract Map No. 16573 in conjunction with Conditional Use Permit No. 03-37 for the construction of six attached residential condominium units. Tentative Tract Map No. 16573 is a 0.39-acre one lot subdivision for condominium purposes. The subdivider has satisfied the park and recreation requirement for this project, by paying $179,353.84 in park and recreation fees. The 10% affordable housing requirement for this project has been satisfied by assignment of one unit within the project site. PL05-12 Final Tract Map No. 16573 -2- 3/3/2005 1:28 PM I' • REQUEST FOR ACTION • MEETING DATE: March, 21, 2005 DEPARTMENT ID NUMBER: PL05-12 The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the Planning Commission on February 10, 2005. Environmental Status: This action to accept Final Tract Map No. 16573 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 16573 with site plan 4 Tentative Tract Map No. 16573 Findings and Conditions of Approval 5 . Final Tract Map No. 16573 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Rami Talleh/Herb Fauland PL05-12 Final Tract Map No. 16573 -3- 3/3/2005 1:28 PM ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16573 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16573 conditions of approval, as approved by the Planning Commission. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 245832 (Attachment No. 7). b. Labor and Material Bond No. 245895 (Attachment No. 7). c. Monument Bond No. 245833 (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT 2 e a Mc rAl 6N •' i CHPILN 8DDH319c wwu�vrn ♦ ♦ m.iu'ert w ♦ TALBHCP ♦ ' sLLa ♦ GAYRQLD YORKMWN ADAMS °r ! r � r AlllN A 1 "WILTON � f X 41 1 NA 0f�1 s�V f.` 'A ^+tt?s• ^^-•_�-* � �� f SITE BJE T }C S s VICINITY MAP FINAL TRACT MAP NO. 16573 (2320 DELAWARE 1 LOT SUBDIVISION) THE CITY OF HUNTINGTON BEACH ATTACHMENT 3 i I TENTATIVE TRACT MAP 16573 1.6 \ FOR CONDOViINIUM PURPOSES ^�N�Q — - E N U E ]x9.ee' F s�TR,Lo�sNNI\ ]� I I AH9 --'�------, , � A�ETA1: W c C N W H" ExIsi.IPP l(11 9a �I^ i V I C l N l T Y M A P I � I 11 g T. I (.,.Ie7R I II I Ez15LI Y EXIST. MULTI 1 I.r �' EXIST. MULTI "I' I 11 •C •G u / Im RESIDENCE BUILDING M1 s RESIDENCE BUILDING 2 1 1 IOU ;m X.V-CUTTER .r.6=R rtE) *ALL IN-17�_W _-_NR9'IB']x•E� I E I� °P i R B, R-Aa.ro j 1. n-•no 1 I I o. Fi..•. I I of 1 I7 Z I I u.5e7TD 13 PAOa1ro PAO.O]0 .H ro I I PAD. PAO.Upo :I lAs QED �I q 1 d a ' H!.e.lR 1 I -'- -'` (--- J -LPM-4; �,.J L.. 1 -� _1 "1 jIQ EXIST.WTA I I I I = I I I RY a Fa/I.4100 If.N.ro I PAD— ��p!Q J EXIST.WM 1 PAO=N.'A PAD.•L]0 j PAO.KA PA0.160D IID:n P>u^S�'li1 r E7 ]0' 1]OS)rG IWI (,2,17FL ]0 LT), Z j • [ ) e • �/ On CJ)R n n W CIA , I -� —1 4j �4 g 9 I 21 1 4 4L,L 9 _ •.5. BJ • - _ S 4v II 6 I„ ,I.TIWVZ EX CURB N EXIST. 1-STORY OSNi Y I -11�pesJzX-L I Exlst IWW WOOD FRAME HOUSE err INIo�� 11 SCALE I• 20' (.Lrec R A s 6 EXIST. 1-STORY E%.f,Afl ACC f I W i c (•L+,ri G WOOD FRAME HOUSE I ' I NOTES 1.ALL EXISTING IYPRDWILENTS ON SITE TO BE REYOIEO ].R000 LONE:x(OUTSDE F 00 1ONE) LEGAL DESCRIPTION CONSTRUCTION NOTES PANEL NO 1 -0001 • THE NORTH•e FELT OF BLOCK]J05 OF 1NE'EAST SIDE MLLA TRAcr,IN THEUPDATE-]Om Sm, C RAPHIC SCALE CITY or'UXnNO1ON eCA[H.COUe TY 01 OR N¢B TE OF CAUr—A,A9 O RFIAOW EXISTING HOUSE,TREES. ].PROP[Rtt SHAH BC ffRYEO BT PllellC WATER SUP0.Y AND TO PUBLIC SEVER HCOR ON A YAP RECOROEO M OOx ,PAGE•S¢'YISCRLANFOUS 4APS. FCC,PLANNERS AND RET.WALL SEWAGE NSPOSAI RECORDS Of ENO COUXTY. Q2 SIDEWAL AND CURB E%.CUTTER ANY.D BASIS OF BEARING 510EWAIX AND LLRB n L1TT1Efl ANO AC PAVEYE:(1 Q CONSTRUCT NJ CURB.(•UTTER ANG SIOEWAIJ( lo.h= Il. THE BEARING OF N e9.19'32'E OF THE CENTERLWE OF R%TOXINVENU AVENUE AS 2D i0 MATCH EXISTING SHOWI ON P Y.T]/1-e WAS SE AS THE BA95 FOR TTS SURVEY. EASEMENT NOTES Qa CONSTRUCT DRIVEWAY APPROACHED PER CI510.PLAN NO.209 FORESIGHT ENGINEERING�- allo Q5 CONSTRUCT fi'PCC CURB PER pETAIL HEREON `il'�FICR's_ CIVIL f NG LLRING&E.S SURVEYING AN E AND INCIDENT 0 HUWTNOTDNURP IEA�JI COYPAAY FOR PIPE LINE O FOR 2 PAGE ¢ Q �' �f. � 505 N 1USII1/AVE.SUITE!B9 WArtR IN FM1Al PUNHOffS P01 DRO RECORDED IN BOCK C]1• 6 CONSTRUCI fi'CURB h 1B'GUTTER PER DETAIL HEREON 1� CANXDT BE IOGTED FROM ME RECORD " g\� SANrA ANA CA 92706 © EASEMENT OF TIE OFY OF NUNITXG B CN,A NUXKNPAL CORPDRAE. O CONSTRUCT]•'%]••CATCH BASIN WITH FOSSIL FILTER Y Nv 1,D1V5�,1 FEI(]+.)5.]I]I.•Fax (111)112 I'll ypR PUBLIC STREETS,PU9UC URUI�ES AND INODEx1Al PURPOffS RECORDED ON .T99 AS WSTRUY[NI NG. -JJ9—OF OFFIOAL RECORDS. QB CONSTRUCT PARKWAY DRAIN PER APWA SID.Na 150-I 4� TENTATIVE TRACT MAP 1 6 57 3 O CONSTRUCT_'THICK.AG OVER_'CAB PEll SOIL REPORT F UT CAL+\ 3120 D E L A W A R E STREET. SUBDIVIDER P.DE VELOPER RECORD OWNER O HUNTINGTON BEACH, CA FOx QWv vAn910A L HMS ANO AID KCxNETH A. 0 RELOCATE E%.SLN D.,TU HANiN ATE E.CSUIIE]eO 0 SS Il. RD N�Sp OI CONSTRUCT RET.WALL PER STNUCTIIRAL PLAN(UNDER SEPARATE PERMIT) PEr—EC� DER Til`—R'-13.CF TEL.1D,CA 91)S, JG EOSI HUNCx T RmF • TEL.x0.(eO9)J)J-eIJ] � -J]SJ (?FAli1(/G FRERAREO BUR: RILL—FOX GROUP TELANO.(e]e)+Dtb 1450 ®FRGIECi IN PLACESCALE: I'=20' OA IE: 0tl/II/l(.'OJ IIADEN.I OO—I Pl,111 LAP,11/]I+•+5 �I+EL'+(fU tlY. 1]JG PR,,,y lt�-199 ATTACHMENT 4 -1 NOTICE OF ACTION February 11, 2004 Jide Alade The William Fox Group 800 N. Haven Ave., Suite 260 Ontario, CA 91764 SUBJECT: TENTATIVE TRACT MAP NO. 16573/CONDITIONAL USE PERMIT NO. 03-37(DELAWARE CONDOMINIUMS—DENSITY BONUS) APPLICANT/ PROPERTY OWNER: Jide Alade, The William Fox Group REQUEST: TTM, To permit a single-lot subdivision of approximately 17,174. square feet of land for the purpose of developing a six-unit condominium development. CUP: To (a) permit the construction of six multi-family residential units, a density bonus for one (1) additional unit above the allowable density, and an affordable housing incentive to allow a three-foot wide perimeter landscape planter in lieu of the five-foot minimum planter width required by the Zoning Code and (b) to allow development on a lot with a grade differential of approximately six feet between the high and low points on the subject site. LOCATION: 2320 Delaware (East side of Delaware Street, south of Yorktown Avenue) DATE OF ACTION: February 10, 2004 On Tuesday, February 10, 2004 the Huntington Beach Planning Commission took action on your application, and your application was conditionally approved. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. (04NOA0210) TTM 16573/CUP 03-42 • February 11,2004 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. A filing fee shall also accompany the notice of appeal. The appeal fee is $1,568.00 for a single-family dwelling property owner appealing the decision on his/her own property. The appeal fee is $2,335.00 for all other appeals. In your case, the last day for filing an appeal and paying the filing fee is February 20, 2004. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. You are hereby noted that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Govemment Code§66020. If you have any questions, please contact Paul Da Veiga, Associate Planner at(714) 374-5394, or the Planning Department Zoning Counter at(714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission By: Herb Fauland, Principal Planner HZ:HF:PD:rl Attachment (04NOA0210) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 16573/CONDITIONAL USE PERMIT NO. 03-37 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the California Environmental Quality Act which exempts construction and location of new, small facilities or structures including the development of six or less multi-family structures located in an urbanized area. FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 16573: 1. Tentative Tract Map No. 16573 for a one-lot condominium subdivision of approximately 16,953 square feet of land for the purpose of developing six multi-family residential units is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, or any applicable provisions of this Code. The proposed residential subdivision for the development of six condominium units, including a density bonus for one additional unit, is permitted in the RM (Residential Medium Density) designation of the Huntington Beach Zoning and Subdivision. 2. The site is physically suitable for the type and density of development. The maximum permitted density is 15 units per acre in the General Plan. The project density of 15.4 dwelling units per acre includes a one-unit density bonus and complies with the maximum permitted density identified in the General Plan. 3'. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project will comply with all the minimum Code requirements applicable to the subject site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 03-37: 1. Conditional Use Permit No. 03-37 to (a) permit the construction of a six-unit condominium development including a 1.6 percent density bonus for an additional unit above the allowable density (b) an affordable housing incentive to allow a two-foot reduction in the required landscape planter width of five feet (c)one unit designated as affordable to low income households, and (d)development on a lot with a grade differential greater than three feet, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed development can be adequately serviced by the City and County water, sewer and storm drain systems without significantly impacting the overall service or system. The project will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. The project will provide affordable housing to a segment of the population that has limited available housing options at rates that are (04NOA0210) Attachment 1.1 affordable at the lower income level. The granting of the proposed reductions in applicable site development standards as affordable housing incentives is necessary to achieve the target affordable mortgage payments for the affordable units. 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project's grading, building scale, architecture, and earth-tone colors palette will complement the surrounding multi-family residential projects. The proposed buildings will be terraced with the natural grade on the site to ensure compatibility with adjacent properties with similar grades. The project design is similar to the residential project located to the north, which is an eight-unit apartment building, approximately 30 feet in total height with similar architectural design. 3. The proposed density bonus, including an affordable housing incentive for the construction of a six-unit condominium is in substantial compliance with the provisions of the base district and other applicable provisions in the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the requested reduction in the perimeter landscape planter width to three feet in lieu of five feet as an affordable housing incentive. The proposed development will comply with all code requirements including, building height, landscaping, open space, total number of required parking spaces and site coverage. The proposed development will comply with all code requirements including, building height, open space, total number of required parking spaces and site coverage. The reduction in the perimeter landscape planter width to three feet in lieu of five feet as an affordable housing incentive is appropriate because the total landscape area for the site is 14 percent, which exceeds the minimum landscape percentage of eight percent required for the.development. Allowing the reduction in perimeter landscape planter width is necessary to achieve the target affordable mortgage payments for the proposed affordable units and implement a high quality development. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas.' c. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Obiective LU 9.5: Provide for the development of housing for senior citizens, the physically and mentally challenged, and very low, low and moderate income families. (04NOA0210) Attachment 1.2 Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Policy LU 9.2.1: require that all new residential development within existing neighborhoods be compatible with existing structures, including the use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development. The proposed project will provide housing that serves the affordable housing needs of the community. The development will consist of attached and detached units that use different colors and materials to break up the mass of the buildings and delineate the entry to the units. The project exceeds the required front yard landscaping along both the Delaware Street and England Street frontages. The development will be terraced with the existing grade in order to preserve the natural pattern of the land and to ensure compatibility with adjacent residential developments. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16573: 1. Tentative Tract Map No. 16573, received and dated August 25, 2003 shall be the conceptually approved layout with the following modifications: a. The site address referenced in the title block shall be corrected to indicate "2320 Delaware Street." b. The proposed finished floor and pad elevations shall be revised to be consistent with the recommendations contained in the.Preliminary Geotechnical Engineering Investigation date stamped August 25, 2003. (PW) 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable, owner-occupied, for sale.housing on-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 20 percent of the units shall be affordable to families of lower income level for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable unit. 3) The affordable unit shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-37: 1. The site plan, floor plans and elevations received and dated February 4, 2004 shall be the conceptually approved layout. 2. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and (04NOA0210) Attachment 1.3 floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 3. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (04NOA0210) Attachment 1.4 ATTACHMENT 5 low SHEET 1 OF 2 ALL OF TENTATIVE TRACT MAP N0.16573 AREA= 19,138 S.F. TRACT MAP NO. 16573 DATE OF SURVEY: MAY 2004 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE COINJfY RECOgDER'3 CERTFICATION STATE OF CALIFORNIA BEING A SUBDIVISION OF THE NORTH 66 FEET OF BLOCK 2305, OF EAST VILLA TRACT ACCEPTED AND FILED AT THE AS SHOWN ON MAP RECORDED IN BOOK 4 PAGES 65, OF MISCELLANEOUS MAPS REQUEST OF IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES DATE TIME FEE S NADER J. OOBORSI PIES 7402 INSTRUMENT NO. BOOK PAGE OWNERSHNP STATEMENT: TOM DALY WE, THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD INTEREST IN THE COUNTY CLERK-RECORDER LAND COVERED BY THIS MAP.DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. BY WE HEREBY DEDICATE TO THE PUBLIC FOR.STREET PURPOSES: ENGLAND STREET DEPUTY WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH: SURVEYORS STATEMENT 1. ALL VEHICULAR ACCESS RIGHTS TO DELAWARE STREET AND ENGLAND STREET EXCEPT AT ACCESS LOCATIONS APPROVED BY THE PLANNING COMMISSION. THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP TEAI.YOR ARE L.L.C. A CALIFORNIA LIMITED LIABILITY COMPANY ACT AND LOCAL ORDINANCES AT THE REQUEST OF KENNETH HAAS ON MAY 12, 2004. �///7 /��i•``,/..` HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN SUCH POSITIONS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I WILLIAM tOX.PRESIDENT KEN HAAS.VCE PRESIDENT HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CQN01T_ IOTJALLYJPP�VEp TENTATI VEI I,A'P,. ��ERL ES NADER J.QOBORSI ��/AVV„l^' DATE: NOTARY ACKNOWLEDGEMENT P.L s. 7402 s Nu,wz�$ EXP. 12/31/2005 STATE OF CALIFORNIA) COUNTY OF41,- "�J ss COUNTY SURVEYOR'3 9TATEMENi 9�0*cAi1ld ' ON THIS .941-4-yI Z-__. 2005 BEFORE ME��LT�T_w.Q�yv1."_ « �M.i HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT PERSONALLY APPEARED BILL FOX.PERSONALLY KNOWN TO ME ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE (RELATIVE TO THE TRACT/PARCEL MAP BOUNDARY) WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY,AND THAT BY HIS SIGNATURE ON THE INSTRUMENT ERSON OR THE ENTITY UPON BEHALF OF WHICH DATED THIS_ DAY OF , 2005 THE PERSONS ACTED, UTED THE INSTRUMENT. '— WITNESS MY HAND SIGNATURE __ % ___ __ PRINCIPAL PLACE OF BUSINESS IS RAYMOND L. MATHE, COUNTY SURVEYOR N�T.ARY PUB IN AND FOR SAID STATE IN}��� __COUNTY L.S. 6185 EXPIRATION DATE: 03/31/2006 JJk_ l t__ MY COMMISSION EXPIRES�� _A" �3•ENGINEERS STATEMENT (NAME PRINTED) rcl T.w I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE Ca�r.e.4an� SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP,IF REQUIRED. AS FILED WITH, rgtl0-��� AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF STATE OF CALIFORNIA) Mmnw� my:m THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED `��`` SS WITH AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY THE "'1""I COUNTY OF,4- COUNTY SURVEYOR. 2005 BEFORE ME K ON THIS _ 9 , �, P DATED THIS 22 Ad DAY OF / PERSONALLY APPEARED KEN HAAS,PERSONALLY KNTc WN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY ROBERT F.BEARDSLEY BY / EVIDENCE)TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE 41DIRECTOR OF PUBLIC WORKS R.C.E.NO. 22876 L WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE CTY OF HUNTINGTON BEACH EXPIR 12/31/05 SAME IN HIS AUTHORIZED CAPACITY.AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON ,OR THE ENTITY UPON BEHALF OF WHICH / y THE PERSONS ACTED.EXECUTED THE INSTRUMENT. WITNESS MY HAND: ' nl•pjv,,; SIGNATURE _ N it —ft PRINCIPAL PLACE OF'BUSINESS IS CRY CLERK CEFRFICATE: P NOTARY PUB IC IN AND FOR SAID STATE -�-- '� _ IN _COUNTY STATE OF CALIFORNIA SS ��(1��jElIIJE Mo�LrTcaRA MY COMMISSION EXPIRES. TCAIA + COUNTY OF ORANGE ) (NAME PRINTED) I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD CALIFORNIA NATIONAL BANK A NATIONAL BANKING ASSOCIATION, ON THE_DAY OF___. 2005 AND THAT THEREUPON SAID COUNCIL DID.BY AN BENEFICIARY UNDER DEED OF TRUST RECORDED OCTOBER 12. 2004 AS ORDER DULY PASSED AND ENTERED, APPROVED SAID MAP AND 010 ACCEPT ON BEHALF INSTRUMENT N0.04-910404 OF OFFICIAL RECORDS,IN ORANGE COUNTY OF THE PUBLIC,SUBJECT TO IMPROVEMENTS; THE DEDICATION FOR STREET PURPOSES RECORDS. OF: ENGLAND STREET AND DID ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACH: CHANG LIU - SENIOR VICE PRESIDENT 1.1. THE VEHICULAR ACCESS RIGHTS TO DELAWARE STREET AND ENGLAND STREET, AS no,aw a cc iT,19�10 s RELEASED AND RELINQUISHED. Ay,,:-,14 10 AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISION OF SECTION a 66436(a)(3)(A)OF THE SUBDIVISION MAP ACT. STATE OF CALIFORNIA) DATED THIS DAY OF 2005 SS JOAN L. FLYNN BY COUNTY�O(F ) / CITY CLERK DEPUTY ON THIS.v rr$ao0 2005 BEFORE ME 1.! �4LV f�^�.�Q/) CITY OF HUNTINGTON BEACH PERSONALLY APPEARED CHANG M. LIU PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY COUNTY TREASURER-TAX COLLECTORS CERTFATE: EVIDENCE) TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE STATE OF CALIFORNIA ) WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE ) SS SAME IN HIS AUTHORIZED CAPACITY,AND THAT BY HIS SIGNATURE COUNTY OF ORANGE ) ON THE INSTRUMENT THE PERSON,OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO WITNESS MY HAND LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE,COUNTY.MUNICIPAL, OR LOCAL TAXES OR SPECIAL.ASSESSMENTS COLLECTED SIGNATUR PRINCIPAL P�H LACE OF BUSINESS IS AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET NOTARY PU C IAND FORN SAID STATE IN�.0 B'1F'1o1 COUNTY PAYABLE. JU_ AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF _ x1/]L4_t�i-_cSAILC'L�71Q✓1 MY COMMISSION EXPIRES •xy4�'S._�LLIn Aoo THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO (NAME PRINTED) _ _ SECURE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON yr" in r xuvlcwx _� THE LAND COVERED BY THIS MAP. In DATED THIS____DAY OF 2005 �- NOSd3e1N,c34x1� �__._..,......_�.F JOHN M. W. MOORLACH ___ BY:-----—----------- SIGNATURE O ION MISS COUNTY EASURER - TAX COLLECTOR DEPUTY TREASURER - TAX COLLECTOR UNDER THE PROVISIONS OF SECTION 56436(a)(3)(A)OF THE SUBOIViSON MAP CITY PLAN ZING C.OMM 0WA CERTIFICATE ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED 1,HOWARD ZELEFSKY,SECRETARY TO THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH,CALIFORNIA. DO HEREBY CERTIFY THAT I HAVE 1 HUNTINGTON BEACH COMPANY,HOLDER OF EASEMENTS RECORDED IN - EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS BOOK 152,PAGE 276 OF DEEDS THE TENTATIVE MAP FILED WITH, AMENDED AND APPROVED 2 THE CITY OF HUNTINGTON BEACH.HOLDER OF AN EASMENT RECORDED BY THE HUNTINGTON BEACH CITY PLANNING COMMISSION. AS INSTRUMENT NO 94-339602 OF OFFICIAL RECORDS DATED THIS DAY OF 2005 HOWAFI ZELEFSKY,SECRETARY CITY OF HUNTINGTON BEACH PLANNING COMMISSION ALL OF TENTATIVE TRACT MAP N0. 1657J TRACT MAP 16573 SHEET 2 OF 2 AREA a 19,138 S.F. Cf Y OFMWTIN IT N SEACN DATE OF SURVEY: MAY 2004' COY OF CRAAKE STATE OF CALFOfDVA LEGEND • FOUND Mo UMENT AS NOTED FOR CONDOMINIUM PURPOSES O SET LEAD R TAG LS 7402 ON V EKTEMSIM OF NADER J.OOBORSI PLS 7402 WILY AND S'LY PROPERTY ONES Q SET SPINE k TAG LS 7A02 - FD ORANGE CDUNTY SURVEYORS WS CONTROL PANT AS NOTED IN'GPS POINT LOCATION'TABLES O E: ( )RECORD DATA PER PUS 73/7-8 ESTAB BY INF CK PK NA2 ESTM.BY IN7.PG FD.PK NVL 11 ( ]RFCtlRD Oa IA PM PUB,OB/6-) ADOCER ALYE L Sn1 CORNER CORNER RECORD TAGGED f5 54I1 PER RECORD 20W-16a1 CgPNER RE0.wD xW-Tad! FD. S @ W LS SMUT ( l RECORD DATA PER RS 2002-IMJ RSS 193/21 Y O R K T O W N A V E N U E PER RS 195 22 R DENOR:S DAFA PER NY 4/63 N 6B41'02 W e60.1I. N 69YTOI'w 329.ea•(329.ee')[330.03]1329.M'1 330.23'1330.21 1 I I W W — —— — — �r N WAin h 60 »AS'w I fn al 30' 30' ova EST.PADu E%.u0rv.AT rORKTOwN tt 1 I AND PRORATION& G THE Sly UrvE OG BU(2305 CC~N1° W W s "la W W IR I BLK 2405 �W�cc�2 G, FD -MAR N.REF ccORm;Y�o "1 cc 9i DN C L I F��BIe n SCALE 1': 40' FO D-NAIL N0.REF. T 0.04E OONO L I I I I a�7 I FR. NO. 9481 I pn2 MM 399142-43 ESTAB. IS PROR. NORTH AWE OF Bur.2J E451SCE WLU 7R.YY4/a5 O j t PER MM 4 65 ES, AB BY PRCRA RNA'J PEA YY 4/a3 pb'1 ,.� NB9'42'Ot'w l29.%'3.10'P 660.09' 110.05'A�OR 4O'— '-) _ _35- T V Nd9'42'Ot'W � � —�9'%• 289.96' Q iy60y3s'�)' 2 J ae E 267698� $ '� $I g Y �N 02'S054��9EA0.WG A m7 25 GRITBASS Q W H APPROVED ACCESS 416, (589 Ji �(26T692 g APPROVED ACCESS 4 `_ N B9'4201'W 259.97' 259.930 I 2N 69'42'01'w 329.97 . l]PSPOlA/TLOCATpN Q 8 I BLK 2305 rjo' W BLK 2306 Cos/30IB FOUND PUNCHED SPIKE AND 30' E 611919a..X, WASHER,STAMPED'RCE 9402'.STATION IS LOCATED IN SEMpHED HOMING N TURN EC 1001/-Ely FROM INTERSECTION OF NC. R AND UDIYORKTOWNRE AYE.PER MONUMENT RECORD O50WF ON J GRAFILE IN ME OiT10E OF THE W ry 4 w GRANGE COON tY SURVEYOR. O g "R PMB 73/7-8 'S Q H SEARCH\ED NOTHING Fp. 1 [ I 1 Sd/RI VNE OF BLK.2"EAST RLLA O.YY 4/63 SEMCNED HOMING iD. ESTAB BY PRCRA 370N PER MM 4/a3 N69'41'0111 660.D5' 660'R --1 I r � J PO.sPK e w Ls sloe PER 4N 551 9-9 M.SPK k W LS 2376 0.02'N ON CA PER 44 15e 4-5 O.U!'S DN Q h orm M.SPK k W LS 53" • M.S'K R W LS 2376 PER MY 55I 28-39 In NOTHING M EST.PER CITY TIES PER MM I58 4-5 C 0.02'N ON CA FB.HB-I59 PG 21 OF WO.DS'SON CL 1 SET 4 PK MAIL STADLDLERS AGOED LI 7402 U T / C A AVENUE —ne9vI-W- — — — 6e0.02'660.00R EASEN154T NOTES FD PK NAIL PM 7311 PAGE 276 FOR ME OWING PURPOSES: PER PM O AN15I EAYJNEIT M THE HUNITACTON BEACH COMPANY PER DEED RECORDED IN BOOK �QEARO(K� SET SPK AND TAG LS 7404 FOL ^.CONTROL AND USE a CIFNEGAS SEA N."&STREAMS OF WATER FLOWING THE BEMINCS SHOIMI HEREON ME BASED ON ME DEMING BETWEEN O.C.S. CROSS HEIRdI DESCRIBED LAND,IFMY NORIZONT4 CONIAOL STATION Wl NO.5036 AND STATION GRI 5039 BEING N 2.A MWT OE WAY FOR MD TO CONSTRUCT IRGATON NU DRAINAGE DITCHES 62-50'54 E PER REWRDS ON FILE IN ME OFFICE OF ME ORANGE COUNTY TO IRRIGATE DR DRAW ME ADJACENT LAD. 41R�1'OR 3.A III T OF WAY*MOSS ON ALONG THEREIA DESCRIBED LANDI 1OR PIPE LINES FOR ME OSTRIBUTON OF WATER.WITH RIGHT OF ENTRY TO LAY,MNNINN AND REPM SAID PIPE UNM SAID EASEMENT CANNOT BE LOCATD FROM ME RE COA DAZW STA78WENF COORDINATES SHOW!HEREON ME BASED UPON CAUFCRNIA COORDINATES ,. SYSTEM(CC5e3)ZONE N 19M NAD(1991.15 EPOCH OCS GPI ADJUSTMENT.) ©M EASEMENT TO ME CITY DF HUNTTNGTJN BEACH.A MIUNCAP&CORPORATION ALL DISTANCES SHOWN ARE GROUND.UNLESS OMERWSE NOTED.TO OBTAIN FOR PLBUC STREETS.PUBLIC UTUTE6 AND—DENTAL PVRPOSC'RECORDED ON GRID DISTANCES MULTPLY MOUND DISTANCES BY O.B9B97515 u 1.19U AS IMMMENT NO.94-3NW2 OF OTICIAL RECORDS. ATTACHMENT 6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND Team Delaware, LLC FOR TRACT NO. 16 5 7 3 THIS AGREEMENT ("Agreement") is entered into this az _v- day of ARC' 2 04s , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Team Delaware, LLC , a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 16573 ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this 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 California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/6/15/04-A 1 i r NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, 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; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with-the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/6/15/04-A 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not I agree/forms/subdiv 10-18-01/6/15/04-A 3 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, . provide as security to CITY: A. Faithful Performance: For performance security, in the amount of Thirty - Six Thousand Dollars ($ 36, 000 ), which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. _ x Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/6/15/04-A 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Eighteen Thousand Dollars ($ 1 8, 000 ), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons.renting equipment or furnishing labor or materials to them or to SUBDIVIDER. 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 one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/6/15/04-A 5 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall.obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. 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 this Agreement, 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 One Million Dollars ($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 One agree/forms/subdiv 10-18-01/6/15/04-A 6 Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the.policy is currently.in force;.and 3. promise to provide that such policy will not be canceled or modified without thirty(30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage-in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/farms/subdiv 10-18-01/6/15/04-A 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/forms/subdiv 10-18-01/6/15/04-A 8 TO CITY: TO SUBDIVIDER: City of Huntington Beach Team Delaware, LLC ATTN: Director of Public Works 3333 E. Co ncour s St. 2000 Main Street Huntington Beach, CA 92648 BLDG 7, Suite 7200 Ontario, CA 91764 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/forms/subdiv 10-18-01/6/15/04-A 9 • 0 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as .to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,-be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/6/15/04-A 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall.be governed and construed in accordance with the laws of the State of California.: 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all agree/forms/subdiv 10-18-01/6/15/04-A 11 prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a D,5LA tAi Y+,Qc LL� t municipal corporation of the State of California By: �L �o ATTEST: print name ITS: (circle one)C ' anME idenVVice President AMU Member AIVI� 0^11J 0�- J00 b City Clerk By: ! APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. C1 Attorn Secretary—Treasurer anaging Member J INITIATED A D AP P O D: REVIEWED AND APPROVED: City ngine r CAy Administrator agree/forms/subdiv 10-1 8-01/6/15/04-A 12 i • fly- INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQklg§ IV ED DEC 1 6 2004 1. Requested by: Christi Mendoza, Risk Management City of Huntfhgton Beach 2. Date: December 14, 2004 City Attorney's office 3. Name of contractor/permittee: 2320 Delaware (Team Delaware, L.L.C.) 4. Description of work to be performed: Residential development project of 6 (six) condominiums with four (4) structures 5. Value and length of contract: $3.2 million: six months (March 2005 - September 2005) 6. Waiver/modification request: $50,000 deductible/general liability and cancellation clause 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible and cancellation clause wording requirement. 8. Identify the risks to the City in approving this waiver/modification: None. 1ZIypL-� Departolt Head Signature Date: APPROVALS:. Approvals must be obtained in the order listed.on this form. Two approvals are required for .request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the:City Attomey's Office disagree. 1. Risk Management MApproved ❑ Denied ' 1 Signature Date 2. City Attorney's Office O-A-0-proved ❑ De ' dr� ( [& Signatu Date 3. City Administrator's O ice ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attomey's Office along with the contract for approval. Once the contract has been approved, .this form is to be filed with the Risk Management Division of Administrative Services ALL UV"UJ rax;yUy-000-DIJL VeC 0 LUU9 I0:4C r. uc ACORD CERTIFICATE OF LIABUTY INSURANCE OP ID DATE(MWDDIYYIIT') FaolwLxe6 THIS CERTIFICATE IS ISSUER AS A MATTER OF IN Austin Cvvper C Price �L�7(J� l�(CrA►, ONLY AND CONFERS NO RX314TS UPON THE CWMFICAT'E Ins Agency Ina (Lie-0546677) HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P P Bax 3280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92a13-3280 Phone: 909-806-9861 Sam,.909-006-2013 INSURERS AFFORDING COVERAGE NAIL# ( 2320 Delawa>=e INSURER A: Arc Specialty h S ial Ins Co/TES NA -- Team Delaware, T..L.C. � ��I IHsuRERe; Team Manchester, L.L-C- � /`}�✓/\1 . .— Team Manches tar Ingg b INSVRGA C: 000 f. haven Avg., 1F260 INSURERD: Ontario CA 91764 IN9URFR E: COVFJNAC3E8 THE POLICSSS OF INSURANCE LISTED BELOW HAVE BEEN ISWW TO THE NBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOT WTHSrANDNG ANY REOVAqEdENT.TERM OR CONDITION DF ANY CONTRACT OR O"41M DOCUMENT MYTH RESPECT TO WN"THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSL~CE AFFORDED BY THE POLICIES DMCPI*M HEREIN IS SUBJECT TO ALL TM TERMS,EADL.UBIONe AND CONDITIONS OF RUCH POLICIES,AOGFkGG4TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS mam L7RN TYPRI O N9IRANCE POLILY MILDER DA i YMID LILUYS AWNSILAL LIAOIL Y EACH OCCURRENCE 91 000,000 A X COMMOUCNILGIENERALLIABIIITY CAC000143900 09/10/04 09/10/05 PREIAIS gominnae) _ CLAIMS MADE 1 X J OCCLA MED EJIP(IV y en.por.on► d PERsanAL..AW NkA/TLY d 1 000,000 050,000 Dad/Oce WNERAL GQIQ 'TE 02f0001000. CELL AGoREGATEpLpIMIT APPLIES PER: PRODULTS-COAH'IOP ADa S 1 000 0DO X POLICY M a Loa AUTOMOBILE LIA9W" COMSf 4EO BNdOLE LB.TIT ANY ALlfb (EA&.Admu) T ALL O~D AMITOS - 9013"INJURY . 5 SCWCULPDAUTOS (P rp~) HIRED AUTOS BODILYINJURY d ANON-OMNEOAUfO6 IPw w�idad) PROPERTYDAWr3F d (Pa(m idwH) AAOAGE LUUMU7Y AUTO ONLY-EA ACCIDENT S ANY ALTO OTHER TITAN EA ACC d Auto ONLY. AGO S Omma8A N1118N A-LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AOOREGATE S S DEDUCTIBLE J RETENTION i NORNT3RS C*WMINBATTDN AND TORY Leg Eq EMPLOYERS'UANUTY AN'f PROPRIETORMARTNER WCUTNE E.L.EACH AOgOENT d OPFiCEAIMEMQFA ERCLUOE07 EL DISEASE-EA EMPLOYEE 8 B Y+4 doTaib6 u def SPECIAL PROVISIONS bwk> F-L,DISEASE-POLICY LIMB OTNL?•T OVIUM7W OF DOW"TTONS I L.OP.AT UNIM I VEWL0I EIICLUS ONB ADDED 01YEROOAxEMENT I BPRCULL IN8 WWONS ***aad if applicable, the Redevelopment Agency of the City a£ Huntington Baaah ie additional insured per form OOML0127000104 attached. *10 Pays bTotica of Cana®llation for NonPayment. CERTIFICATE HOLDER CANCBJATION CI"To 514OULD ANY OF THE ABOVE OL'BCRIBSO POLICIES BE CANCELLED BEFORE TW E WMA City of Huntington f3saach, its OATE7HEpeoP,THE166(IINOINSURERWKIENDEAVORTDYALL *30 DAYSNBtlTTEN agents, Officers, 6 employees NOTICE TO THE CEITTMATE HOMER NAMED TO THE LEFT,BUT FAILURE MUG eo 9"LL #k* 2000 Main 9 t. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN6URtR ITS AOENTd DR Runtington Beach CA 92640 Arm dENTArvmZ. AV D ACORD 25(200110e) OACORD CORPORATION ISHR APPROVED AS TO FOR.IVI IFER McGRATIi, C,;:y/�Iaor,..t,;;, .2 (iY l05— fel- 441ue/ ALP UUNUS 1ax:yMJ-UUb-b1JL Uec b LUU4 1b:4J N. UJ r THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RI~AD IT CAREFULLY. LIMITED BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION 11—WHO 19 AN MSURED is amended to Include the person or organizatlon as an insured where required by written contract.but only with reapect to liability arising out of your ongoing operations. Ail other terms and Conditions of this Policy remain unchanged. City of Huntington 'Beach, its agents, officers 6 employees, and if applicable the Redevelopment Agency of the City of Huntington Beach APPROVED AS .UFO NI��GRATHty Attorney City Endorse-ment Number 1 This endorsement is ef(eetive on the inception date of this policy unless otherwise stated herein. (The information below Is required only when this endorsement is Issued subsequent to preparation of the poicy-) Policy Nurnbar. GAC000143900 Named Insured: 2320 Delavare Endorsement Effective Date_ 10/04/04 00 CGLO127 00 0104 Page 1 of 1 AUF OUNUS r ax:yUy-tftSb-51 JL Uec b 1UU4 1 b:4J f'. U4 . STATE P.O.BOX 420807,SAN FRANCISCO,CA 94142-0807 10 06Ar6NSA'NON ."5 V R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-12-2004 GROUP: POLICY NUMBER: 1799201-2004 CERTIFICATE 10: 3 CERTIFICATE EXPIRES: 08-01-2005 O9-27-2004/08-01-2005 THE CITY OF HUNTINGTON BEACH THIS 19UPER8BDES AND CORRECTS THE ATTN RIStK MANAGEMENT CSRxIFYCATE SSSURD ON 10-07-2004 2000 MAIN STREET NMgTINGTON BEACH CA 92648 This Is to certify that we have issued a valid Woftes Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policy listed herein.Notwithstanding any requirement,tern or condition of any contract or other document with respect t0 which this certificate of insurance may be issued or to which it may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions,and conditions,of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - WILLIAMS FOX, TRUSTEE - EXCLUDED. ENDORSEMENT #1600 - CYNTHIA FOX, TRUSTEE - EXCLUDED. ENDORSEMENT 02065 ZNTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-07-2004 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 10-07-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAKE: THE CITY OF HUNTINGTON BEACH APPROVED AS TO FORM, J NIFER &cGRA&Sily Attomev zli��os EA91LOYER WILLIAM R FOX (TRUSTEE) i A CYNTHIA FOX AND (TRUSTEE) OF THE FOX FAMILY TRUST 800 N HAVEN AV #260 ONTARIO CA 91764 cna.55,,11�� aINTFD 10412-2OD4 SCIF 1OZ52F A=pt We COWCYOu My If you SW a tom watm *that reeae"OFFICIAL STATE PUNO COCUMENr PARE 1 OF'T Aur UVMUJ SAX.JUT uuo-7 J[ VcL U c wY 1V.9J i VJ WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge. 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: $5,000 . 00 Sample Rate: 13 .30% Regular Premium equals : $ 665 .00 Surcharge: 3 .00% Additional Waiver charge: $ 19 .95 Total premium equals $ 684 .95 (665 .00 + 19 - 95) ATTACHMENT 7 BOND N0. 245833 PREMIUM $300.00/PER YEAR EXECUTED IN DUPLICATE MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Team Delaware, LLC , as Subdivider of Tract No. 16573 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 Team Delaware, LLC (Subdivider) as principal, and AMERICAN CONTRACTORS INDEMNITY 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 Two THOUSAND DOLLARS $ 2,000 , 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 3RD day of FEBRUARY 2005 TEAKJDJOWLARE LLC , as Principal By: By: AMERICAN CONTRACTORS INDEMNITY COMPANY , as Surety LIZ 6 By: TAR CARAZZA, ATTORNEY-IN-FACT AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD. , 9TH FLOOR LOS ANGELES, CA 90045 APPROVED A TO FORM IFER MCGRATH,City Aiiornt> llryA6 8092.01 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON O , BEFORE ME, L_ AJEESOL) A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED ! T'o x 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 SIGNATU MY PRINCIPAL PLACE OF BUSINESS IS NOTARY I IN AND FOR SAID STATE INi� 6erna n0 COUNTY Halverson (NAME PRINTED) MY COMMISSION EXPIRES rrc I EJ06 `7 LINNEA P. HALVERSON N, Comm.#1405436 IA V1 N NOTARY PUBIIC•CALIFORN STATE OF CALIFORNIA ) My commBExpireanMarchl5 2007" SS COUNTY OF ) ON BEFORE ME, PA, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED a.a� AND , PERSONALLY KNOWN TO ME (Off-PROVED-T6 €�ATa,SA G-TORY-EVtDENCyE) 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 PUB IC A AND FOR SAID STATE u IN COUNTY c���QUEL//JEOcJjC'�°�-f (NAME PRINTED) MY COMMISSION EXPIRES ri;_i;�M JACQOELINE MONTERREY Commission# 1373884 Z " Notary Public - California Los Angeles County My Comm,Expires Sep 10,2006 8092.01 i�m CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LOS ANGELES FEBRUARY 3, 2005 JENNIFER WAYNE On before me, , Date Name and Title of Officer(e.g..'Jane Doe,Notary Public) personally appeared TAH CARAZZA Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence i to be the person( whose name($) is/afe subscribed to the within instrument and acknowledged to me that be/she/they executed. JENNIFER WAYNE � the same in I3is/her/Vieir authorized COMM. #1539308 cn capacity(iee), and that by We/her/their NOTARY PUBLIC-CALIFORNRA Q signature(7)on the instrument the person($), or LOS ANGELES COUNTY the entity upon behalf of which the person( Mr Comm.Expires Jan.26,2009 acted, executed the instrument. WITNE hand and official seal. LIZ Slg Nre of Notary Publi 1 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: SUBDIVISION BOND Document Date: 2/3/05 Number of Pages: 2 Signer(s)Other Than Named Above: NONE r i Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual f Top of thumb here ❑ Corporate Officer —Tdtle(s): ❑ Partner —❑ Limited ❑General ❑ Attorney-in-Fact t '� ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•www.na9opal6taryorg Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 American Contractors Indemnity Company 9841 Airport Blvd.,9'"Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, .lohn Russell,Ariel'r.Heredia,Tah Carazza,S.Karima Burnes,Brian Dahlke or Frank Mester 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 Company thereby, in an Amount not to exceed $ ***1,863,000.00***Dollars This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 61h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President, Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to anv such Power of Attorney or 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 and arty such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the f aure with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 151h day of December,2003. CTORS,4, AMERICAN C NTRACTORS INDEMNITY COMPANY s IN[ORPORA11D SEPL 26,IM —'� BY o Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA •G § COUNTY OF LOS ANGELES § On this 15°' day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORA.— a n/ / SE Commission 4t 1406149 IW(/?r✓`� t/1 e Gt� % Notary Publle-Callomla Signature of Notary Los Angeles County My Commission expires March 18,2007 My Comm.ExplresMar 18,2007 I,Jeannie J.Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 3RD day of FEBRUARY 200 5 Bond No. 245833 Leann J.Kim,Co porate Secretary Agency No. #9012 t, Rev.POA 1 L 15/03 • • BOND NO. 245895 PREMIUM $360.0o/PER YEAR EXECUTED IN DU$LICATE LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Team Delaware, LLC , (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated , 20 _Q5, and identified as project 16573 , 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 Eighteen Thousand dollars ($ 18,000 ),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 affect its obligation on this A and it does hereby waive notice of any so change, extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on FEBRUARY 3RD 2005 TEAM D ARE, LLC as Principal By: By: AMERICAN CONTRACTORS INDEMITY COMPANY , as Surety ' CA. 90045 By: By: TAH CARAZZA, ATTORNHY—IN—FACT AP ROVED A TO STATE OF CALIFORNIA ) ) SS Jg�JE NIFER McGRATH,Crity Attorney COUNTY OF ORANGE ) � II ON BEFORE ME, L i' yi yi ecy _ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED l Foy 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 HAN SIGNATU MY P�INCIIPkPLACI� �rF COUNTY NOTARY IN AND FORS ID STA E IN c �� 1 LL � � �G d Vt-Y S6h (NAME PRINTED) MY COMMISSION EXPIRES oqyak 1,r p STATE OF CALIFORNIA ) _ LINNEA P. HALV ER ON Comm.#1405436 N ) SS :" NOTARY PUBLIC-CALIFORNIA Son County COUNTY OF QRAN ) My Comm•ExpiresnMarch 15.2007 ONE! S , BEFORE ME, .o � 7� - A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEAREDua�� AND PERSONALLY KNOWN TO ME (�� I Iid din TQ^ QW:F rr ^r ^ FFISFAIS R ,—`w,,� �� BASISz�r—rPcr�-�rsrr�r� TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO 1AE 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 AND SIGNATURE Yet. MY PRINCIP PLACE OF BUSINESS IS NOTARY PUB Cl AND FOR SAID STATE U IN /e-� __ COUNTY �-j�LJCL C AM A'6Ll� (NAME PRINTED) MY COMMISSION EXPIRES, a ,2,nb . 8090.01 JACQUELINE MONTERREY Commission# 1373884 2 z OMY Notary Public - California8090 Los Angeles County Comm.Expires Sep 10,2006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LOS ANGELES On FEBRUARY 3, 2005 before me, JENNIFER WAYNE Date Name and Title of Officer(e.g.,"Jam Doe,Notary Public personally appeared TAR CARAZZA Name(s)of Slgrm(s) V personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name($) is/aee subscribed to the within instrument and acknowledged to me that J.ie/she/they executed the same in We/her/their authorized JENNIFER WAYNE �= acit tes " COMM. #1539308 rn ca P y( ), and that by his/her/their NOTARY PUBLIC-CALIFORNIA 2 signature(7)on the instrument the person($), or LOS ANGELES COUNTY the entity upon behalf of which the person(A My Comm.Expires Jan.26,2009 acted, executed the instrument. WITNE my and an officials al, Sk,7na a of Notary P 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: SUBDIVISION BOND Document Date: 2/3/05 Number of Pages: 2 Signer(s)Other Than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natlopalltotary org Prod.No.5907 Reorder:Call Toll-Free 1-800.87E-6827 American Contractors Indemnity Company 9841 Airport Blvd.,9" Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, John Russell,Ariel T.Heredia,Tah Carazza,S.Karima Burnes,Brian Dahlke or Frank Mester its true and lawful Attorney(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 Company thereby, in an Amount not to exceed $ ***1,863,000.00***Dollars This Power of Attorney shall expire without further action on March 18,2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 61h day of December, 1990. "RESOLVED that the Chief Executive Officer,President or any Vice President, Executive Vice President,Secretary or Assistant Secretaryy,shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or 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 and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future wi[h respect to any bond or undertaking to which it is attached.- IN WITNESS WHEREOF,American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 15i"day of December,2003. CTORS/ AMERICAN CqtNTRACTORS INDEMNITY COMPANY S INCORPORATED w SEPT.26,IM By: o Robert F.T Lomas,Chief Executive Officer STATE OF CALIFORNIA •Gam • § COUNTY OF LOS ANGELES § On this 15t1i day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas,Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal. DEBORAH REESE O Commgslon tP 1406149 Notary Publl.-Ca9lomla Signature of Notary los Angeles County My Commission expires March 18,2007 My Comm.Expres Mar 18,2007 I,Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company,do hereby certify that the Power of Attomev and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof aind that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 3RD day of FEBRUARY 2005. Bond No. 245895 _ Jean J. Kim,Co porate Secretary Agency No. #9012 Rev.POAl2/15/03 BOND N0. 245832 PREMIUM $72O.00/PER YEAR EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, Slate of California, and Team Delaware. LLC (hereinafter designated as "principal") have entered into aii agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated and identified as project 16573 ,is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor, we, the principal and AMERICAN CONTRACTORS INDEMNITY COMPANY as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum of Thirty - Six Thousand dollars ($ 36,000 ) 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 s6id agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by " City in successfully enforcing such'Obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge, extensiowof 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 FEBRUARY 3 2005 TEAM ARE, LLC. as Principal BY AMERICAN CONTRACTORS INDEMNITY COMPANY By By TAH CARAZZA, ATTORNEY—IN—FACT AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD. , 9TH FLOOR LOS ANGELES, CA 90045 ROVED AS TO FORM: �IFER c RATH,City Attorney 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON FeL2 , BEFORE ME, L i p ✓1 e G N on A NOTARY PUBLIC IN AND FOR-SAID STATE, PERSONALLY APPEARED l F" 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 SIGNATU MY PRINCIPAL PLACE OF BUSINESS 1S NOTARY IN AND FOR SAID STATE IN COUNTY �Inr1>° cf er�Sd►7 (NAME PRINTED) MY COMMISSION EXPIRES �'9-60 7 LfNNEA P. HALVERSON (� Comm.#1405436 IInn No PUBLIC•CALIFORNIA UI San Bernardino County` STATE OF CALIFORNIA ) My Comm.Ex March 15,2007 o_ ) SS COUNTY OF-ER Ed 1 , ON _ , BEFORE ME, - A NOTARY PUBLIC IN AND FOR SAID STATE, P&SONALLY APPEARED AND , PERSONALLY KNOWN TO ME RY - 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 P�INCIPAL PLACE OF BUSINESS IS NOTARY PUB C IN NND FOR SAID STATE IN oL- _ COUNTY UE2(t,3c AAc pj t (NAME PRINTED) MY COMMISSION EXPIRES 8075 JACQUELINE MONTERREY ' Commission# 1373884 Z `d Notary Public - California Los Angeles County L4AMY Comm.E)1res Sep 10,2006 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. On FEBRUARY 3, 2005 before me, JENNIFER WAYNE Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared TAR CARAZZA Name(s)of Signer(s) )(personally known to me ❑ proved to me on the basis of satisfactory evidence ( to be the person( whose name( is/ate subscribed to the within instrument and acknowledged to me that hQ/she/grey executed the same in 4WherMieir authorized capacity(ies), and that by fail/her/t4eir JENNIFER W�AYNE COMM. #1539308 signature( )on the instrument the person($), or NOTARY PUBLIC-CALIFORNIA the entity upon behalf of which the person(A LOS ANGELES COUNTY acted, executed the instrument. t, My COMM.Expires Jan.26,2009 WITN y hand and official seal. ne of Nouc 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: SUBDIVISION BOND Document Date: 2/3/05 Number of Pages: 3 Signer(s)Other Than Named Above: NONE r Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact 1 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Associalim•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natloraltlutary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6627 American Contractors Indemnity Company 9841 Airport Blvd.,9"Floor Los Angeles,California 90045 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation, does hereby appoint, John Russell,Ariel T.Heredia,Tah Carazza,S.Karima Burnes, Brian Dahike or Frank Mester 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 Company thereby, in an Amount not to exceed $ _ ***1,863,000.00***Dollars This Power of Attorney shall expire without further action on March 18,;2007. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 61h day of December, 1999. "RESOLVED that the Chi f Executive Officer,President or any Vice President.Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appoint AHorney(s)-in-Fact and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnify and other writings obligatory in the nature thereof and, 2. To renzove,at any tine,any such Attorney-in-Fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal ofthe Companv may be affixed to any,such Power cj'Auorney or certificate relating thereto by facsinile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile veal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company to the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its Chief Executive Officer on the 151h day of December,2003. CTORs/yo AMERICAN C NTRACTORS INDEMNITY COMPANY s INCORPORATED i sER 26,1"0 -'c By: ?� $ Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA •� § CCUNTY OF LOS ANGELES § On this 15`h day of December 2003, before me, Deborah Reese, a notary public, personally appeared Robert F. Thomas, Chief Executive Officer of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that ile executed the foregoing instrument and affixed the seal of said corporatior,thereto by authority of his office. WITNESS my hand and official seal. DEBORIU�I Rom' / mmon At 1406149 _ (/)-X c/1e f�c�—� ary Public-Cautomla Signature of Notary Los Angeles County My Commission expires March 88,2007 9MyZ0XM,WExpires Mar 18,2007 I, Jeannie J. Kim,Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WffNESS HEREOF,I have hereunto set my hand this 3RD day of FEBRUARY 200 5 Bond No. 245832 Jeann J. Ki4Co, orate Secretary Agency No. #9012 Re, POA I2/l i'03 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16573 2320 Delware 1 lot subdivision COUNCIL MEETING DATE: March 21 , 2005 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 V Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne ) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorne ) 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 i Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR ARDE Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:RT:rI