HomeMy WebLinkAboutApprove Final Tract Map No. 16675 of Tentative Tract Map No. RECEIVED BY: _ CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name)'' I r' after signing/dating
�� el
(Date)
A. CITY OF HUNTINGTON BEACH
0 INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrriich�, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for I/Uc,
(Company-Name) /
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
6"-/MA-.-J7ZT-
Re: Tract No. 11716
CC No.
MSC No.
Approved / 1,17�00 Agenda Item No.
(Council Approval Date)
City Clerk Vault No.
.SVS .
#27 g:lfollowup/bondletter.doc
City of Huntington Beach
• P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L. FREIDENRICH
CITY TREASURER
CERTIFIED MAIL
August 6, 2007
Lincoln General Insurance Company
P.O. Box 3709
York, PA 18402
To Whom it May Concern:
This is to inform you the City of Huntington Beach City Council approved the release of the
following bond on July 16, 2007:
Tract# 16675
Faithful Performance No. 661112540
Labor & Material Bond No. 661112540
We are releasing this bond and have enclosed a copy of it for your files. We have also enclosed
a copy of the City Council Action approving the release of the above-referenced bond.
If you have any questions regarding this matter,please contact me at (714) 536-5200.
-
ti.
Shari L. Freidenrich, CPA, CCMT, CFMA
City Treasurer
Enclosures
cc: William Lyons Homes, Inc.
4490 Von Karman Avenue
Newport Beach, CA 92660-2008
Terri Elliott, Principal Civil Engineer(no attachments)
,,J'o'an Flynn, City Clerk(no attachments)
Joyce Zacks, Deputy City Treasurer(no attachments)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 18, 2007
Harbinger Homes, Inc.
2728 — 17" Street
Huntington Beach, CA 92648
Re: Release of the Faithful Performance Bond for Tract No. 16675 (Delaware &Yorktown)
Please be advised that on Monday, July 16, 2007 the City Council of the City of Huntington
Beach took the following action:
Accepted Public Improvements and Approved the Release of Securities for Tract No. 16675
(East Side of Delaware Street, South of Yorktown Avenue); Accepted and File Guarantee and
Warranty Bond No. 661112540M; Release Faithful Performance/Labor and Material Bond No.
661112540; and, Instructed the City Clerk to Notify the Developer, Harbinger Homes, Inc., and
the City Treasurer to Notify the Surety, Lincoln General Insurance Company, of this action—
1)Accepted the improvements constructed for public use with Tract No. 16675; and 2)Accepted
Guarantee and Warranty Bond No. 661112540M, 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/Labor and Material Bond No. 661112540 pursuant to California
Government Code Section No. 66499.7(a); and 4) Instructed the City Clerk to notify the developer,
Harbinger Homes, Inc., of this action and the City Treasurer to notify the Surety, Lincoln General
Insurance Company, of this action; and, 5) Instructed the City Clerk to record the "Acceptance of
Public Improvements" with the Orange County Recorder.
Sincerely,
oan L. Flynn
City Clerk .
JF:pe
g1followup/tract/release bonds for tract-letter.doc
(Telephone:714-536-5227)
Office of the City Clw*%A :, sr,
_ CITY of HUNTINGTON BEACH
P.O. Box 190 California 92648 � ,y i2os?�0_M OO
ua .� °� F 7
REQt2:�_ s`." iYfai=e��iGdal 92648
US POSTAGE
Harbinger H mes, Inc. -
2728 - 17th Street
Huntington each, CA 92648 J
L
NIXIC 927 9C 1 02 07/2S./07
RETURN TO SENDER
ATTEMPTED -- NOT KNOWN
UNAML.E TO PORWARO
MC: 92 4001909101 *2177- 104669—6t -29
9J6 8cio 1 9 D ��al�tvala-la��taa�tal�aa/allay:a>��1����tll�tila��a��tia��)all
Council/Agency Meeting Held: 1(e
Deferred/Continued to:
`Approyed. ❑ conditionally Approved ❑ Deniedi ler ' Sign u
Council Meeting Date: 7/16/2007 Department ID Number: PW 07-039
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYO AND CITY U C L MEMBERS
SUBMITTED BY: PENE OPE CU BRETH-GRAFT, DPA, ITY ADMINISTRATOR
PREPARED BY: TRAVIS HOPKINS, PE, ACTING DIRECTOR OF PUBLIC OR
ENGINEERING
SUBJECT: Approve the Release of Securities for Tract No. 16675 and Accept the
Public Improvements
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Harbinger Homes, Inc., the developer of Tract No. 16675, 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. 16675;
2. Accept Guarantee and Warranty Bond No. 661112540M, 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/Labor and Material Bond No. 661112540 pursuant to
California Government Code Section No. 66499.7(a);
4. Instruct the City Clerk to notify the developer, Harbinger Homes, Inc., of this action and
the City Treasurer to notify the surety, Lincoln General Insurance 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: 7/16/2007 DEPARTMENT ID NUMBER: PW 07-039
Analysis: On April 4, 2005, the City Council approved Final Tract Map No. 16675 and
accepted bonds from Harbinger Homes, Inc., the securities furnished for Faithful
Performance and Labor and Material. The developer, Harbinger Homes, 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, Harbinger Homes, Inc., has provided
Guarantee and Warranty Bond No. 661112540M as security for the one-year warranty
period.
Following is a list of project data:
Developer: Harbinger Homes, Inc.
2728 17t" Street, Huntington Beach, CA 92648
Engineer: MAM Socal, Inc., 711 W. 171" St., Costa Mesa, CA 92627-4344
Surety: Lincoln General Insurance Company, P.O. Box 3709, York, PA 17402
Location: 19042 and 19052 Delaware Street (east side of Delaware Street, south of
Yorktown Avenue
Zone: RM (Residential Medium Density)
No. of Acres: 0.61 acres/26,598 sq. ft. (gross)
No. of Lots: 1 numbered and 0 lettered
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.
Public Works Commission Action: Not required.
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):
NumberCity Clerk's
Page . Description
1. Acceptance of Public Improvements Form
2. Guarantee and Warranty Bond No. 661112540M
3. 1 Location Map
-2- 6/27/2007 4:09 PM
ATTACHMENT # 1
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
11111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE
Recording requested by,and when recorded return to: 200700046489211:42am 07/25/07
203 195 A04 1
Joan L.Flynn,City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Office of the City Clerk - __ -
CITY OF HUNTINGTON BEACH
P.O.Box 190-2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on June 26, 2007, 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 N
255.22(A), the improvements for public use.
Public improvements constructed consist of curb, gutter, sidewalk and driveway approaches
within the public right-of-way along the project's frontages at Delaware Street and England
Street.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at
the July 16,2007 City Council Meeting Submitted for Recordation by the Orange County Recorder.
Attest �U-,(-!/ �t 20 0-;L
City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach, California
By1J,:9.aq,"eputy
This document is solely for the offidal
buairress of the City of Hundrow CITY OF HUNTIN :TOLNBEACH
Beach,as conternptatsd under
Government Code Sec.6103 and `y —
should bs receded free of charge.
by: City Engineer
TWYOFHUNT610 C
en L Orate
C tOt.
ATTACHMENT #2
BONO NO.ob t i t��4vin
PREMIUM INCLUDED IN THE PREMIUM
ORMINAL
CHARGED FOR THE PERFORMANCE BOND
GUARANTEE AND WARRANTY BOND
WHEREAS, Harbinger Homes, Inc. ,as
a Principal,and Lincoln General Insurance Company ,a
corporation organized under the laws of the State of Pennsylvania
and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the
City of Huntington Beach,Califomta,as 0b!igee,in the penal sum of 17,200.00) Seven Thousand
Two Hundred and 00/100's Dollars representing 10 percent of the contratprice
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.
WHEREAS,the said principal entered into a contract with said Obliges,dated February 4_
2005 for work described as follows: Tract 16675
WHEREAS,calf contract provides that the Principal will furnish a bond conditioned to
guarantee and warrant for the period of one year after completion of the work and acceptance thereof by
the Obligee,agalnst all defects in workmanship and materials during said one year period.
WHEREAS,said wodc has been completed,and accepted by Obligee on May 30,
2006
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 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 November 7, 2006 .,
Harbinger Homes,Ac. as Principal
BY AALLV
By
ZAPP VED S TO EO
I R McGRA ,City Attorn
/�eyG�o6
Li ncoln G Insurance Cd an as Suteiy
L o ard, A torney In Fact MARYINUM—NW-
COmmb*m#1463192 .
STATE OF CALIFORNIA j 4t+�" �y
SS, M!►CWOANL �nMPWCw ►13.
COUNTY OF ORANGE j
OL ON !/ g BEFORE ME, �� �Ile.f�
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED �� s7ft
,
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRI CIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AN OR SAID STATE IN ��CA�✓9 L COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES! 3 �-`0
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND ,
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS'WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
16"7
2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Riverside
On Nov 0 7 2006 before me, Danna K. Baker, Notary Public
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Julia B. Leonard,Attorney In Fact
Names)of Signer(s)
❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
DANNA K. BAKER signature(s) on the instrument the person(s), or the entity upon
L
COMM. #1386368 behalf of which the person(s) acted, executed the instrument.
f NOT?YPUBLIC-CALIFORNIA
RIVERSIDE COUNTY
My Comm.Expires Nov.22,2006 WITNESS my hand and official seal. �(
Signature of Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
® Individual ® Individual
® Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
® Trustee ® Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator . M.
-
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BID-1 133 09/00
LINCOLN GENERAL INSURANCE COMPANY
PONNTR OF ATTORNEY
KNOW ALL BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the
Laws of the Cormonwealth of Pennsylvania,does hereby nominate,constitute and appoint:
Kenneth A. Coate, Mark N. Gladding, Julia B. Leonard
Its true and lawful Attonley(s)-in-Fact to sign, seat and execute for and on its behalf, as surety,bonds,undertakings, and other
obligatory instruments of similar nature,and to bind it thereby as fully and to the same extent as if such instruments were signed
by a duly authorized officer of the corporation,and all the acts of said .Attorney,pursuant to the authority hereby given ate hereby
ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed,scaled and notarized with facsimile silllatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the at7'day of
September,2002.
RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(s)named as
AttorneXs)-in-Fact to date,execute sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and
other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment and the signature of any officer certifying
the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal
of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals, and such facsimile
representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing or photocopying_
IN WITNESS AkfHEREOF,Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to
be signed by its duly authorized officers this 1 5'''day of October,2004' 0 -tT1s �i,
gP. ..... y�
�'y
401977 =o_
Secretary Presider.
0
y4rrritrrammnottPti�"``
On this 15i1'day of October, 2004, before me personally came John T. Clark,to me known,who being duly sworn,did depose
and say:that he is the President of the Corporation described in and which executed the above instrument:that he knows the seal
affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors
of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed.
The Commonwealth of Pennsylvania
York County '
NOTARIAL SEAL
RENEE I.KRIVACSY'Notary Public
YORK C(TYYORK COUNTY _ � '� �c?,•r i 3 '�$) t !4 'F'
My CornmimAw Exptms Oct 29,2008 J t J
1, Gary J.Omdortf;Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and.foregoing is a full,true and correct copy of Power or Attorney issued by said Company,and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force.
IN WITLESS NVHEREOF, I. have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this
7th day of November 2006
?PRATE SR9?�
V o� (� Cecre:my
=Z: 1977 .0=
I .........
•..
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
0 , >>� CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shqri Freidenrich, City Treasurer
FROM: �G C
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.
Re: Tract No.
CC No.
MSC No.
� Qf
Approved 162WO Agenda Item No. —
(Council Approval Date) /
City Clerk Vault No. -A01—
/sue
#27 gJfollowup/bondletter doc -
ATTACHMENT #3
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LOCATION MAP
TRACT 16675
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public works
SUBJECT: Approve the Release of Securities for Tract No. 16675
and Accept the Public Improvements
COUNCIL MEETING DATE: July 16, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits &legislative draft if applicable) Attached ❑
Not Applicable E
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 E
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable E
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached
Not Applicable ❑
Staff Report (If applicable) Attached ❑
Not Applicable E
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable E
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWAR ED
Administrative Staff ( ) (
Deputy City Administrator (Initial) ( ) ( YE )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use •
RCA Author: Bogart:jg
CITY OF HUNTINGTON
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 18, 2007
Harbinger Homes, Inc.
2728— 17th Street
Huntington Beach, CA 92648
Re: Release of the Faithful Performance Bond for Tract No. 16675 (Delaware &Yorktown)
Please be advised that on Monday, July 16, 2007 the City Council of the City of Huntington
Beach took the following action:
Accepted Public Improvements and Approved the Release of Securities for Tract No. 16675
(East Side of Delaware Street, South of Yorktown Avenue); Accepted and File Guarantee and
Warranty Bond No. 661112540M; Release Faithful Performance/Labor and Material Bond No.
661112540; and, Instructed the City Clerk to Notify the Developer, Harbinger Homes, Inc., and
the City Treasurer to Notify the Surety, Lincoln General Insurance Company, of this action —
1) Accepted the improvements constructed for public use with Tract No. 16675; and 2)Accepted
Guarantee and Warranty Bond No. 661112540M, 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/Labor and Material Bond No. 661112540 pursuant to California
Government Code Section No. 66499.7(a); and 4) Instructed the City Clerk to notify the developer,
Harbinger Homes, Inc., of this action and the City Treasurer to notify the Surety, Lincoln General
Insurance Company, of this action; and, 5) Instructed the City Clerk to record the "Acceptance of
Public Improvements" with the Orange County Recorder.
Sincerely,
oan L. Flynn
City Clerk
JF:pe
g:/followup/tract/release bonds for tract-letter.doc
(Telephone: 714-536-5227)
i, CITY OF HUNTINGTON
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 18, 2007
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. 16675 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.
r
jiro;"
Joan L. Flynn
City Clerk
JF:pe
Enclosures
Tract No. 16675 —Harbinger Homes, Inc. —East side of Delaware St., South of Yorktown
g:/fo I I ow u p/tract/a cce p tp u b l i c i m p-re c o rd e r.d o c
procedure#23
(Telephone:714-536-5227)
RECEIVED BY: CITY CLERK RECEIPT COPY
'T Return DUPLICATE to
\_1rA �\h�r';A-,- City Clerk's Office
(Name) after signing/dating
(Date)
LA , CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer ,
FROM:
DATE: �)/�
SUBJECT: Bond Acceptance
I have received the bonds for Ai,�)(-,f
' (Company/Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No. �i1�i� �
w
CC No.
MSC No.
Approved '1LL-1 �S Agenda Item No.
(Council"Approval Date)
City Clerk Vault No. 4jl/)
#27 g1followup/bondletter.doc 5,
NOTIL .'OF COMPLIANCE WITH 0- 1I)ITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: 3
FROM: PLANNING DEPARTMENT
TRACT NO. W15
PARCEL MAP NO. N I h-
PARK AND RECREATION FEES PAID: Q(YES $ 2��� $g�J-2 ❑NO
DEVELOPER:
for:
Howard Zelefsky
Director of Planning
G:\PLANNING\FINAL MAPS\NOTICE OF COMPLIANCE WITH CONDITIONS.doc
s
i, C TY OF HUNTINGTOR BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Joan Flynn
City Clerk
FROM: Joe Derleth
Survey Party Chief
SUBJECT: Tract No. 16675 (Authorization to Record)
DATE: March 23, 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.: OSA-1752219 (09)
LOCATION: E/S Delaware, S/O Garfield
PHONE NO.: (714) 800-4822
oe Derleth
G:/Eng/Crosby/Forms/Map auth to record
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
April 13, 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. 16675—Order No. OSA- 1752219 (09) (E/S Delaware, S/O Yorktown)
The City Engineer of the City of Huntington Beach approved Tract Map 16675 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 Tract Map
to Joe Derleth, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648.
J+40
Joan L. I n
City Clerk
JF:pe
Attachment
ep0
Received by: �6� S CLERK'S OFFICE RETAINS COPY FOR FILE
Date: ® 2 o.3Pv"�-
Name of Company Phone
g:\followup\parcel\parcelmp2003.doc
procedure#20
(Telephone: 714-536-5227)
ATTACHMENT NO. 1
FINDINGS FOR ACCEPTANCE OF FINAL MAP
Findings for Acceptance of Final Map:
1. Final Tract Map No. 16675 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16675
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. 661112540 (Attachment No. 7).
b. Labor and Material Bond No. 661112540 (Attachment No. 7).
c. Monument Bond (Attachment No. 7).
3. The City Clerk shall affix her signature to the map and release it for recordation by the
County of Orange.
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: `1�L2---
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TO: ,aS XJr. ATTENTION:
ame
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REGARDING: "— /////J/DJ
City,State,Zip
See Attached Action Agenda Item 1E�� Date of Approval 5z'&V
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
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City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: - ( G4nJn�iiJL �-
Na �- De artment RCA Agreement Insurance Other
Na De ent RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Insurance
g:/followup/letters/coveritr.doc
(Telephone:714-536-5227)
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: ari 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.
Re: Tract No.
CC No.
MSC No.
Approved 0 5 Agenda Item No.
(Counci Approval Date)
City Clerk Vault No.
#27 gJfollowup/bondletter doc
Council/Agency Meeting Held:
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied it Cl k's S g ature
Council Meeting Date: April 4, 2005 Depart D Number: PL05-13
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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SUBMITTED TO: HONORABLE�YOR AND CITY COUNCIL MEMBERS °
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SUBMITTED BY: PEN ELOPE/CULBR ' H-GRAFT, City Administrator w �
PREPARED BY: HOWARD ZELEFSKY, Director of Planning ---� _
SUBJECT: APPROVE FINAL TRACT MAP NO. 16675 OF TENTATIVTRACT
MAP NO. 16675 (HARBINGER HOMES 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. 16675, located at 19042 and 19052 Delaware Street (Eastside of
Delaware Street, south of Garfield Avenue) is being submitted for City Council approval.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Approve Final Tract Map No. 16675 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 Harbinger Homes, Inc., 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. 16675 and reject the offer of dedication, improvements and
bonds."
• REQUEST FOR ACTION•
MEETING DATE: April 4, 2005 DEPARTMENT ID NUMBER: PL05-13
Analysis:
A. PROJECT PROPOSAL:
SUBDIVIDER: Harbinger Homes, Inc.
2728 17th Street
Huntington Beach, CA 92648
ENGINEER: MAM Socal, Inc.
711 W. 17th Street
Costa Mesa, CA 92627-4344
LOCATION: 19042 and 19052 Delaware Street (Eastside of Delaware Street, south of
Garfield Avenue)
ZONE: RM (Residential Medium Density)
GENERAL PLAN: RM-15 (Residential Medium-Density— 15 units per acre maximum)
NO. OF ACRES: 0.61 acres/ 26,598 sq. ft. (gross)
NO. OF NUMBERED LOTS: 1
NO. OF LETTERED LOTS: 0
NO. OF UNITS: 8 (attached residential condominium units)
DATE OF COMPLETE APPLICATION: March 18, 2005
MANDATORY PROCESSING DATE: April 18, 2005
DISCUSSION:
On June 2, 2004, the Zoning Administrator approved Tentative Tract Map No. 16675 in
conjunction with Conditional Use Permit No. 04-05 for the construction of eight attached
residential condominium units. Tentative Tract Map No. 16675 is a 0.61-acre one lot
subdivision for condominium purposes.
The subdivider has satisfied the park and recreation requirement for this project by paying
$210,885.24 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.
PL05-13 Final Tract Map No. 16675 -2- 3/16/2005 1:48 PM
• REQUEST FOR ACTION 0
MEETING DATE: April 4, 2005 DEPARTMENT ID NUMBER: PL05-13
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 Zoning Administrator on June 2, 2004.
Environmental Status:
This action to accept Final Tract Map No. 16675 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. 16675 with site plan
4 Tentative Tract Map No. 16675 Findings and Conditions of Approval
5 Final Tract Map No. 16675
6 Subdivision Agreement
7 Bonds (Monument, Labor and Materials, Faithful Performance)
RCA Author: Rami Talleh/Herb Fauland
PL05-13 Final Tract Map No. 16675 -3- 3/17/2005 2:46 PM
ATTACHMENT IL]
ATTACHMENT NO. 1
FINDINGS FOR ACCEPTANCE OF FINAL MAP
FindinlIs for Acceptance of Final Map:
1. Final Tract Map No. 16675 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16675
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. 661112540 (Attachment No. 7).
b. Labor and Material Bond No. 661112540 (Attachment No. 7).
c. Monument Bond (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 2L]
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VICINITY MAP
FINAL TRACT MAP NO. 16675 (HARBINGER HOMES 1 LOT SUBDIVISION)
THE CITY OF HUNTINGTON BEACH
ATTACHMENT 3
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DANIEL GILBERT CONTRERAS 6 TENTATIVE TRACT MAP NO. 16675
ANDREA CONTRERAS FOR CONDOMINIUM PURPOSES
CO-TRUSTEES of THE CONTRERAS LIVING TRUST . o GRAPHIC SCALE
36045 MADORA DRIVE
WILDOMAR CA 92595 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE
Prv_ELnaFa
HARBINGER HOMES,INC. STATE OF CALIFORNIA
2728 F71h STREET BEING THE WEST 100.00 FELT OF LOT 1 AND THE EAST 18 FEET OF THE SOUTH 150.00 FEET OF LOT 1 AND
HUNTINGTON n1 BEACH.CA 92648 THE WEST 59.0D FEET OF THE SOUTH 150.DD FEET OF LOT 2 ALL OF THE MOUNTAIN VIEW TRACT,AS SHOWN
p14)374-2364 ON A MAP RECORDED IN BOOK 7,PACE I AND OF MISCELLANEOUS MAPS,RECORDS OF ORANGE COUNTY
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DELAWARE STREET I ®. m.av 1 — -------
TYPICAL PROFILE THROUGH BLDGS I TYPICAL SECTION DELAWARE STREET .
ATTACHMENT 4
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NOTICE OF ACTION
June 3, 2004
Kerry Smith
Harbinger Homes, Inc..
2728 17`h Street
Huntington Beach, CA 92648
SUBJECT: TENTATIVE TRACT MAP NO. 16675/CONDITIONAL USE
PERMIT NO. 04-05 (HARBINGER HOMES - EIGHT UNIT
CONDOMINIUM)
APPLICANT: Kerry Smith
REQUEST: TTM to merge two parcels into one 26,598 sq,.t. parcel for
condominium purposes; CUP to (a) construct eight two-story
condominium dwelling units with attached garages; (b)
construct approximately 90 linear feet of six-foot tall masonry
wall at a 10-foot setback from,the front property line in lieu of a
15-foot minimum setback; and (c) allow terraced development
on a lot with an existing grade differential exceeding three feet
between the high point and the low point.
PROPERTY OWNER: Daniel G. Contreras, 23842 Conestoga Avenue, Murrieta, CA
92562-5200
LOCATION: 19042, 19052 Delaware Street (southwest west corner of
Delaware Street and Garfield Avenue)
PROJECT PLANNER: Ron Santos
DATE OF ACTION: June 2, 2004
On Wednesday, June 2, 2004, the Huntington Beach Zoning Administrator 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 Zoning Administrator 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
Tentative Tract Map h,016675/ •
Conditional Use Permit No. 04-05
Page 2
of your total application. The conceptual plan should not be construed as a precise plan,
reflecting conformance to all Zoning and Subdivision Ordinance requirements.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the
action taken by the Zoning Administrator 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 Secretary of the Planning Commission within ten (10) calendar days of the date of
the Zoning Administrator'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 $1263.00 for a
single-family dwelling property owner appealing the decision on his/her own property.
The appeal fee is $1540.00 for all other appeals. In your case, the last day for filing.an
appeal and paying the filing fee is June 14, 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 begun.
You are hereby notified 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 regarding this Notice of Action letter or the processing of your
application, please contact the project Planner or the Planning Department Zoning
Counter at (714) 536-5271.
Sincerely,
Mary Beth Broeren
Zoning Administrator
MBB:RS:rk
Attachment
c: Property Owner
G:\ZA\ZALTRS\04\CUP04-05.doc
I
• ATTACHMENT NO. 1 •
FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 166751
CONDITIONAL USE PERMIT NO. 04-05
.FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Zoning Administrator 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 15332 of the CEQA`Guidelines, based on the following:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with the applicable zoning designation and regulations.
b. The proposed development occurs within City limits on a project site of no more than five
acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species.
d. Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quantity.
e. The site can be served by all required.utilities and public services.
FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16675:
1. Tentative Tract Map No. 1.6675 to.merge two parcels into one 26,598:sq..ft. parcel for
condominium.purposes is consistent with the General Plan Land Use Element.designation
of RM-16 (Residential Medium-Density— 15 units/acre) on the subject property and
applicable provisions of the Huntington Beach Zoning& Subdivision Ordinance. The RM-15
General Plan designation and.RM zoning designation provide for.residential development at
a maximum.density,of.15 units per acre. The proposed subdivision will provide for multi
family residential (townhouse) development at a density of 13.1 units per acre.
2. The site is physically suitable for the type and density of development. The 0.61 acre
subject property can accommodate the proposed one lot subdivision and eight unit
residential development.project in conformance with applicable land use and development
standards including minimum lot size and lot width., and maximum development density.
The project site was previously developed,.has no significant topographic features, contains
no rock outcroppings, wetlands, environmental hazards or other constraints, is accessible
from an existing public street, and is surrounded by compatible residential land uses.
3. The design of the subdivision and 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 site was previously developed,. is not environmentally
sensitive, contains no fish or wildlife habitat, and is not located within an earthquake fault
zone, flood zone, hazardous waste site or other known environmental hazard`area.
Proposed improvements will be constructed in accordance with applicable City building
codes and engineering standards, including requirements for submittal of a hydrological
study, a water quality management plan, a detailed soils analysis and an erosion control
plan. In addition, the project is subject to the requirements of the Air'Quality Management
ZA/LTRS/03/CUP04-05 Attachment 1.1
i
i •
District, and HBZSO requirements for the replacement of all mature trees to be removed on
a two for one basis.
4. The design of the subdivision and the proposed 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.
No public easements for access through or use of the property exist and none are
necessary.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-05:
1. Conditional Use Permit No. 04-05 to (a) construct eight two-story condominium dwelling
units with attached garages;_(b) construct.approximately 50 linear feet of six-foot tall
masonry wall at a 10-foot setback from the front property line in lieu of a 15-foot minimum
setback; and (c) allow terraced development on a lot with an existing grade differential
exceeding three feet between the high point and the low point 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 project will not generate noise,
traffic, odors or.other impacts at levels inconsistent with the residential character of the
existing neighborhood. Adequate parking to serve the proposed project will be provided on
site in conformance with the requirements of the HBZSO. The project will provide new
housing anticipated to have a positive impact on the value of property in the neighborhood.
Proposed fencing within the front setback will.be designed to maintain long-term quality
(masonry construction) and is conditioned to incorporate a decorative finish and cap.
2. The conditional use permit will be compatible with surrounding uses because the project
consists of construction of townhouse style multi-family residential dwellings in a
neighborhood predominately developed with multi-family housing of comparable or lesser
quality and design, including an existing mobile home park located across the street. The
proposed dwellings are,designed to convey a high level of quality and a character consistent
with the City's Urban Design Guidelines.' No dwellings exist on adjacent properties within 50
feet of the subject property with the exception of one single-family dwelling located to the
north. Conditions of approval ensure.no direct alignment of windows in the proposed
dwelling with windows in the existing dwelling to minimize impacts on privacy at the
adjoining,property. In.addition, the project will be terraced to minimize cut and fill grading.
3. The proposed`eight-unit condominium`project will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance, including maximum density, height and lot coverage; and minimum
lot size, lot width, building setbacks, landscaping, off-street parking and open space
requirements. The ZSO authorizes walis/fences exceeding six feet in height with approval
of a conditional use permit:
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 RM-15 (Residential Medium-Density—
15 units/acre) on the subject property. In addition, it is consistent with the following goals
and policies of the General Plan:
L.U. Policy 9.1.1: Accommodate the development of single- and multi-family residential
units in areas,designated by the Land Use Plan Map, as stipulated by the Land Use and
Density Schedules.
ZA/LTRS/03/CUP04-05 Attachment 1.2
The proposed Tentativo. fact Map and Conditional Use Perm,0 fide for the construction
of eight dwelling units at a density of 13.1 units per acre. The General Plan Land Use and
Density Schedule allows for residential development on the subject property at a maximum
density of one unit per 15 acres.
L.U. Policy 9.1.3: Require that multi-family residential projects be designed to convey a high
level of quality and distinctive neighborhood character, including the following guidelines:
a. Design building elevation 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. Site and design parking areas and facilities that are integrated with but do not
dominate the architectural character of the structure.
d. Include an adequate landscape setback along the street frontage that is integrated
with abutting sidewalks and provides continuity throughout the neighborhood.
The proposed design conveys a visual character comparable to single-family residential
development and features substantial articulation of.building elevations and masses,
including a variety of roof lines, wall planes, window and.door arrangements. All dwellings
feature attached integrated garages and covered porch entries. Open parking spaces are
distributed throughout the site to minimize large expanses of paving and, pursuant to
conditions of approval, provided`on driveways with decorative paving. Conditions of
approval also require integration of the public sidewalk with a pedestrian walkway to be
constructed on each side of the main entry driveway.
ZA/LTRS/03/CUP04-05 Attachment 1.3
CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16675:
Tentative Tract Map No. 16675, for the merger of two parcels into one 26,550 sq. ft. parcel for
condominium purposes, received and dated May 5, 2004, shall be the approved layout.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-05:
The site plan, floor plans, and elevations received and dated May 5, 2004 shall be the
conceptually approved design with the following modifications:
1. A raised pedestrian sidewalk (four-foot minimum width) shall be provided along the north
side of the driveway entrance, between the public sidewalk and the driveway leading to the
garage at unit number 1. An additional sidewalk may be constructed along the south side of
the driveway, between the public sidewalk and the driveway leading to the garage at unit
number,
2. The entry driveway shall have textured and colored pavement for the full depth of the
"throat" (i.e., between the public sidewalk and the driveways leading to the garages at units
numbered 1 and 8 - approximately 25 linearfeet). In addition, the drive aisle shall have
textured and colored pavement for the full width, at the segment of drive aisle between the
easterly edge of the driveways leading tathe garages at units numbered 2 and 7 and the
westerly edge of the driveways leading to units numbered 3 and 6.
3. The proposed masonry wall within the front setback shall be constructed of split-face block
or slump stone in lieu of the proposed precision block; or shall.be.stucco or stone finished,
and shall feature a cap course.
4. The kitchen window on Unit#2 shall be relocated to avoid alignment with the existing
window in the dwelling on the adjacent property to the north or fitted with obscure glass, as
necessary for conformance with the requirements of HBZSO Section 230.22 — Residential
Infill Lot Developments.
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 Zoning Administrator concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
ZA/LTRS/03/CUP04-05 Attachment 1.4
ATTACHMENT 5
SF1<<IM, r T ACT MAP No. 167
8.11A1 J! a An� FOR CONDOMINIUM PURPOSES —
IN THE CITY OF HUNTINGTON BEACH
COUNTY OF ORANGE
STATE OF CALIFORNIA
BEING THE WEST 100.00 FEET OF LOT 1,AND THE EAST 18.00 FEET OF THE
SOUTH 150 FEET OF LOT 1 AND THE WEST 59.00 FEET OF THE SOUTH 150.00 - -- --
FEET OF LOT 2.ALL OF THE MOUNTAIN VIEW TRACT,AS SHOWN ON A MAP
RECORDED IN BOOK 7,PAGE 1 OF MISCELLANEOUS MAPS.IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY,
MAM SOCAL, INC. MICHAEL A. MURPHY, R.C.F. 23132
DATE OF SURVEY: JULY 2004
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ATTACHMENT 6
SPA
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SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR TRACT NO. i la 6"1 S�
THIS AGREEMENT ("Agreement") is entered into this day of
FFa P2.0 N R-Y 2 o o S , by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred
to as "CITY," and A�'�,o�G E(Z �a MtS ,JL , 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.
Helb115- ; 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
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
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
Dollars ($ 1 a,noo•00), 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.
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
`T�tr� - six 'T ooscw`A Dollars ($ ZG,000o1od,
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.
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
agreedonns/subdiv 10-18-01/6/15/04-A . 6
0
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/forms/subdiv 10-18-01/6/15/04-A 7
i
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/fortis/subdiv 10-18-01/6/15/04-A 8
TO CITY: TO SUBDIVIDER:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street 1� �Q o-re VtsTA 49'
Huntington Beach, CA 92648 o STA MRS A, CA 2fo 27
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
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 parry 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
�} �l►JGE�' \AoMeS, T43c, t municipal corporation of the State of California
Cl-
AL
104�4;
By:
-
print name
ITS: (circle one)Chairma residen ice President _
AND 0-Y111-lar Ciry Jerk
By, V-L-4 APPROVED AS TO FORM:
KEW m4 "' - r
pnn name C v I
ITS: (circle o Secretary Chief Financial Officer/Asst. City Attorne
Secretary—Treasurer lik
INITIATED APP ED:
REVIEWED AND APPROVED: 3-3'OS
City Engineer
1ty Administrator
agree/forms/subdiv 10-18-01/6/15/04-A 12
e
S
u INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Christi Mendoza, Risk Mangement
2. Date: March 10, 2005
3. Name of contractor/permittee: Harbinger Homes
4. Description of work to be performed: Tract Map submission to the City Council for
approval and recording for construction of eight (8) condominum homes on Delaware
gt.72,000 5. Value and length of contract: Dollar value bl:,.h,.a• March 16, 2005 council
timeline
6. Waive r/modific ion req st: Certificates of insurance (COI) to accompany tract map
7. Reason for request and why it should be granted: In i stantial and
developer i a ea
8. Identify the risks to the City in approving this waiver/modification: None.
y 3 , o s
Department ead Signature ate:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Office is only required if
Risk Management and the City Attorney's Office disagree.
I. Risk Management
Approved El Denied
��v "` Signature Date
2. City Attorney's Office
"proved ❑ DeniedL/Y
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved,the completed waiver/modification request is to be submitted to the
City Attorney'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
ATTACHMENT 7.]]
&OND N0.
PREMIUM
MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT 4AkB 1 rJ Gam.iz- l-�oM ES- , C . ,
as Subdivider of Tract No. I G6 IS 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 "Af-t it3&e-R— 4KEs ,
(Subdivider)
as principal,-aed- j /A CC-,-sL-ers" CP--s-0 ,
-as suFety 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
$ 1, Soo, go , 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 4i—day of
as Principal.
By: PaES,�eu-r
By:
as Surety
By:
By:
APPROVED AS Tf FORTv'
E VFEcGRATH,C,q F� � ,
8092.01 � 6
MARY U.EN MURPHY
Comm"Ion* 1483192
Notary PUNC-CallorrMa
STATE OF CALIFORNIA ) owngecow*
S S MY Caenr•b0ft Apr 13.2=
COUNTY OF ORANGE )
ON �A�S BEFORE ME, �� ����✓ /rf`t�/��7�
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
-- - AND /Ze. eiCt SL snl/ 7
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT,
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN A D FOR SAID STATE IN f ft-f COUNTY
/J9iD��/ G�j(e.✓ /jj��i'�
(NAME PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
8092.01
ISSUED IN ONE ORIGINAL COUNART BONS N0, 661112540• PREMIUM 2,160.00
FAITHFUL PERFORMANCE BOND
OWHEREAS, the City Council of the City of Huntington Beach, State of California, and
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install
and complete designated public improvements, which said agreement, dated +
0005 , and identified as pF9j@GM-o-� 1 bb'1S 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 LINCOLN GENERAL INSURANCE COMPANY
as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal
sum of dollars ($ �;�� D C)0,0 0 )
lawful money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and
truly keep and perform the covenant, condition and provisions in the said agreement and any alteration
thereof made as therein provided, on his or their part, to be kept and performed at the time and in the
manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this
obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's
fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in
any judgment rendered.
1
The surety hereby stipulates and agrees that no charge, extension of time, alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive
notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work
or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety
above named, on FEBRUARY 15
��gr Q&EER— 4 o tF•S, �,J c-. , as Principal
By �On-g
P R.c.S 4��1T
By
• LINCO fi G ERAL INSURANCE COMPANY as Surety
By
IA B. LEONARD, ATTORNEY-IN-FACT
By
ROVED AS O FO
Jg FER MSG H'City Att I NI �!W
2
CALIFORNIA ALL-PURPA ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On FEB 1 5 2005 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
S.L.KYSETH behalf of which the person(s) acted, executed the instrument.
COMM.#1528013
NOTARY PUBLIC-CALIFORNIA
RIVERSIDE COUNTY WITNESS my hand aLld offici seal.
OMX Comm. ires Nov.19 2008
Sign re of Notary Public
-----------------------—---------------OPTIONAL-----------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee _
❑ Guardian or Conservator . ❑ Guardian or Conservator Aim
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
I
BD-1133 09/00
i
i
I
MAW EVEN M PHY
CommbdOn 0 1483192
WkWY Publc-Ca ffft
STATE OF CALIFORNIA ) 3,
) SS
COUNTY OF ORANGE )
ON .3 S BEFORE ME, 10--fyg ✓ fyl�, -�`f
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
AND `J%e- 7�#
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
�//e✓ /1?Kol�4-1
(NAME PRINTED) MY C MPee>
SION EXPIRES
/ 4'e9-3/? 2.
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
8075.01
3
ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 661112540
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint:
Kenneth A_Coate, Mark N. Gladding, Julia B. Leonard
its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of
said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 41h day of
September,2002.
RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as
Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and
other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying
the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal
of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile
representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying.
IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpo to be txed, these presents to
be signed by its duly authorized officers this 4th day t{►Intn 2002.
INS
......... 10!42
Attest: QpORATEs '•,O
Gary J. do Sc tary _C7: (� -- ':m= hojwani,.Presid t
1977
The Commonwealth of Pennsylvania _ --Io _ =O
York County N �P
h'SYLVP\ as
ti, ....
On this 4th day of September, 2002, before C. Bhojwani, to me known, who being duly sworn,did
depose and say:that he is the President of the CorpSYbNgtgt;WRoM:C in and which executed the above instrument:that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and
deed.
Notarial�SealCommonwealth of Pennsylvania Catherine Marie LooYork County Springettsbury Tw
My Commission Expires June 1
Notary Publt
I, Gary Orndorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a_full,true and correct copy of Power of Attorney issued by said Company,and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attomey is now in force.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this
15TH day of FEBRUARY 2005
\O 1' 1NrS1�///
0'? J. d Secretary
=Z 1977
O' Ace NQ -S'
J'. �NsYj.\4
1~ �
ISSUED IN ONE ORIGINAL ONTERPART BOND NO. 661112540
• PREMIUM INCLUDED IN THE PREMIUM
CHARGED FOR THE PERFORMANCE BOND
LABOR AND MATERIAL BOND
WHEREAS, the City Council of the City of Huntington Beach, State of California, and
(hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install
and complete designated public improvements, which said agreement, dated r-e-6r u w y, 4
® 1(�675
)605 , and identified as �-Tt-a.c , 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
dollars ($ 3(br 006 , 00 ),for materials furnished or labor thereon of any
kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that
said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such
obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null
and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any manner
affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration
or addition.
1
8090
In witness *eof, this instrument has been fully executoy the principal and surety
above named, on FEBRUARY 15 )A-05
�•Q- It) GeR V-1�0t&ES , mac.. as Principal
By: K PRg oe�u:-
By:
LIN 0 GENERAL INSURANCE COMPANY as Surety
By, -- - 1z:--=d
LIA B. LEONARD, ATTORNEY-IN-FACT
By:
ra.. ELLEN MAURpw
COflNldi M# 1483192
STATE OF CALIFORNIA ) Nolmy Pubk-CaN amic _
SS WCOM.EVONAW3.
COUNTY OF ORANGE )
ON ��3/° r BEFORE ME, /27AW V le��cA/ /l'>"-JV- A'W R/ ,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN D.ef"Ojrc- COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES /3 6k
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ON , BEFORE ME, ,
A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED
AND ,
PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
8090.01
APPROVED AS FOR
8090 2 1E ER McGRATH, C' A tz—
CALIFORNIA ALL-PURPAE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On FEB 1 5 2005 before me, S.L. KYSETH, NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD,ATTORNEY IN FACT
Name(s)of Signer(s)
® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
S.L.I(YSETH signature(s) on the instrument the person(s), or the entity upon
COMM.#1528013 behalf of which the person(s) acted, executed the instrument.
NOTARY PUBLIC-CALIFORNU
RIVERSIDE COUNTY
Comm. res Nov.it,2008 WITNESS hand a officia eal.
Signatur o Notary Public
----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner- ❑ Limited ❑ General ❑ Partner-❑ Limited ❑ .General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee El Trustee
❑ Guardian or Conservator . ❑ Guardian or Conservator
❑ Other: Top of Thumb here ❑ Other: Top of Thumb here
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
PhonE 7I7 757-00W FCC i 7v77 -om
3350'ii'hu.ford Rd,P GI_BOW 37f)9, York,PA;17402-0136
Bond NO. 661112S40
TERRORISM RIDER
NOTICE— FEDERAL TERRORISM INSURANCE COVERAGE
AND DISCLOSURE OF PREMIUM
Any loss applicable to a peril covered under this bond that is
caused by a certified act of terrorism pursuant to the terms of
the Terrorism Risk Insurance Act of 2002 ("the Act"), will be
partially reimbursed by the United States under a formula -
established by federal law. Under this.formula, the United
States pays 90% of covered terrorism losses exceeding a
statutorily established deductible to the insurance company
providing this bond. The portion of your annual premium
attributable to certified acts of terrorism under this bond is
$0.00.
COVERAGE LIMITATIONS
Payment for a loss will not exceed the limit of liability under this
bond. This bond will not pay for any portion of certified
terrorism loss beyond any applicable annual liability cap set
forth in the Act. The terms of this rider do not provide coverage
for any loss that would otherwise be excluded by the terms of
this bond.
5U 0009 12 02
ISSUED IN ONE ORIGINAL COUNTERPART BOND NO: 661112540
LINCOLN GENERAL INSURANCE COMPANY
POWER OF ATTORNEY
KNOW.ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company, organized and existing by virtue of the
Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint:
Kenneth A.Coate, Mark N. Gladding, Julia B. Leonard
its true and lawful attomey(s)-in-fact to sign, sea] and execute for and on its behalf, as surety, bonds, undertakings, and other
obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as
fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of
said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed.
RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under
authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 40'day of
September,2002.
RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the
Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as
Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and
other similar contracts of suretyship,and any related documents.
RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying
the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal
of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile
representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if
manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying.
IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpo to be ;ed, these presents to
be signed by its duly authorized officers this 4th day R&*ptamb$,;�2002.
Attest � 'o�ORA7-e
Gary 1. do Sc tary =C7 v — ';m hojwani,.Presid t
1977 :0
The Commonwealth of Pennsylvania 3 7- o _ =O
York County %�t� F4'NSYLoA' as
On this 4th day of September, 2002, before mr� onallcam C. Bhojwani, to me known, who being duly sworn,did
depose and say: that he is the President of the Corpc�dUigpl{ d in and which executed the above instrument:that he knows
the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of
Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and
deed.
Notarial Seal
The Commonwealth of Pennsylvania Catharine Marie Loose.Notary
York County Springattsbury Twp.,York C
MY Commission Expires June 1 41Notary PubL
I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do
hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of
the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and
furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attomey is now in force.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this
15TH day.of FEBRUARY 2005
`���.' �pORATFs • O�� tL?5d_g�, ecretary
i977
y4s� �\�a�
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Approve Final Tract Map No. 16675
(Harbinger Homes 1 lot subdivision
COUNCIL MEETING DATE: April 4, 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
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
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARD ,
Administrative Staff
Assistant City Administrator Initial
City Administrator (initial)
[City Clerk ( )
EXPLANATION FOR RE URN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: HZ:SH:RT:rl