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Final Tract 14135 of Tentataive Tract Map 14135 - Oceancrest
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 October 16 2007 Arch Insurance Company One Liberty Plaza 53'd Floor New York NY 10006 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 August 20 2007 Tract# 14135 Guarantee & Warrantee Bond No 545012148 We are releasing this bond and have enclosed 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 Sincerely Shari L Freidenrich CPA CCMT CFMA CPFIM City Treasurer Enclosures cc Oceancrest Partners c/o New Urban West Inc 1733 Ocean Ave Suite 350 Santa Monica CA 90401 Terri Elliott Principal Civil Engineer (no attachments) Joan Flynn—City Clerk(no attachments) l Joyce Zacks Deputy City Treasurer(no attachments) 72) Office of tin Mg wed. ca/mvvv i CITY of HUNTINGTON BEACH E Cl Jn $OU.373 P.O. Box 190 California 92648to 0812212007 REQUESTED $ a _ _ _ U OS I AG_ Ocean Partners, L. P. 520 Broadway, Suite 100 Santa A 90'/® Monica,' NXXXE 900 or 1 Tz 00/20/07 RETURN TitSENDER NOT DELIVERADL.E AS ADDRESSED UNASLC TO FORWARD �.'.�p p:"*4,i 2. ~L�;wa y.� 'a.+ Il#llJ 7J l# Jll lJlll#1 JJl1l 1Jl JIJ)f 3J ilJl�ttf l5)YIJ I#1 tfA�J City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 21, 2007 Ocean Partners, L. P. 520 Broadway, Suite 100 Santa Monica, CA 90401 Re: Release of the Faithful Performance Bond for Tract No. 14135 (Ocean Colony) Please be advised that on Monday, August 20, 2007 the City Council of the City of Huntington Beach took the following action: Approved Release of Guarantee and Warranty Bond Provided by Oceancrest Partners, L.P. for Tract No. 14135 (Ocean Colony Development, West Side of Seapoint Street, North of Pacific Coast Highway), for Public Improvements of the Domestic Water System and Appurtenances— 1) Released Guarantee and Warranty Bond No. SU5012148, the security furnished for guarantee and warranty of improvements for Tract No. 14135 (Ocean Colony); and 2) Instructed the City Clerk to notify the developer, Oceancrest Partners, L.P. of this action, and the City Treasurer to notify the Surety, The Arch Insurance Company, of this action. Sincerely, Joan L. Flynn City Clerk JF:pe SisteP:MF&T. XfFjt(,1MraY9r 0 9a1 L!*L0,r-fgbw Zealand (Telephone:714-536-5227) 77, '4 ,P)64A,�, Council/Agency Meeting Held: C}tom Deferred/Continued to: WA 4 )�App oved ❑ Conditionally Approved ❑ Denied ity 's Si natur Council Meeting Date: 8/20/2007 Department ID Number: PW 07-048 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT DPA CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, ACTING DIRECTOR PUBLIC W RK - ENGINEERING SUBJECT: Approve the Release of the Guarantee and Warranty Bond for Tract No. 14135 (Ocean Colony) IEeE Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract No. 14135 (Ocean Colony) located at the west side of Seapoint Street, north of Pacific Coast Highway. The Guarantee and Warranty Bond provided by the developer, Oceancrest Partners, L.P., as the security furnished for guarantee and warranty of improvements, is eligible for release. The public improvement constructed consists of the domestic water system and appurtenances. Funding Source: No funds are required for this action. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. SU5012148, the security furnished for guarantee and warranty of improvements for Tract No. 14135 (Ocean Colony); and 2. Instruct the City Clerk to notify the developer, Oceancrest Partners, L.P. of this action, and the City Treasurer to notify the Surety, The Arch Insurance Company, of this action. Alternative Action(s): Deny the recommended actions. f i REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PW 07-048 Analysis: On January 18, 2005, the City Council accepted the improvements constructed and dedicated for public use for Tract No. 14135 (Ocean Colony) and accepted the Guarantee and Warranty Bond No. SU 5012148 as the security for the guarantee and warranty of the improvements consisting of the domestic water system and appurtenances. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. California Government Code Section No. 66499.3(d) requires that the security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and the security remains in effect for a period of one year. Following is a list of project data: Developer: Oceancrest Partners, L.P. 520 Broadway, Suite 100, Santa Monica, CA 90401 Engineer: Hunsaker & Associates Three Hughes, Irvine, CA 92618 Surety Co: Arch Insurance Company One Liberty Plaza, 53rd Floor, New York, NY 10006 Location: West side of Seapoint Street, north of Pacific Coast Highway Zone: RL-CZ (Low Density Residential-Coastal Zone) 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: This 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): City Clerk's Page Number No. Description 1. Location Map —Tract No. 14135 -2- 7/30/2007 2:06 PM ATTACHMENT # 1 TRACT 14135 - - - - - - -- ._.._.._.._.._.._.._.._.._.._.._.._ Ocean Terrace Dr. On ceanVista '� a SUtiCD 12tZC�Jtl9 v �i c i 2 N \ V '\ LOCATION MAP TRACT 14135 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee and Warranty Bond for Tract 14135 Ocean Colon COUNCIL MEETING DATE: August 20, 2007 RCA ATTACHMENTS STATUS ww Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED F0 RDED` Administrative Staff ( ) ( ) Deputy City Administrator (initial) ) City Administrator (Initial) ( ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: J.Wagner:jg City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK August 21, 2007 Ocean Partners, L. P. 520 Broadway, Suite 100 Santa Monica, CA 90401 Re: Release of the Faithful Performance Bond for Tract No. 14135 (Ocean Colony) Please be advised that on Monday, August 20, 2007 the City Council of the City of Huntington Beach took the following action: Approved Release of Guarantee and Warranty Bond Provided by Oceancrest Partners, L.P. for Tract No. 14135 (Ocean Colony Development, West Side of Seapoint Street, North of Pacific Coast Highway), for Public Improvements of the Domestic Water System and Appurtenances— 1) Released Guarantee and Warranty Bond No. SU5012148, the security furnished for guarantee and warranty of improvements for Tract No. 14135 (Ocean Colony); and 2) Instructed the City Clerk to notify the developer, Oceancrest Partners, L.P. of this action, and the City Treasurer to notify the Surety, The Arch Insurance Company, of this action. Sincerely, Joan L. Flynn City Clerk JF:pe Siste)g niP&§Pig(if t8elpraYPW*ai LqL�r-tq�w Zealand (Telephone:714-536-5227) ('1 i "�L n�L HUNMT GTM GE�0i C,1 Recording requested by and when recorded return to ZOOS FEB -Li L� ) Joan Flynn City Clerk Recorded in official Records orange County Office of the City Clerk Torn Daly Clerk Recorder CITY BOox HUNTINGTON 2 00 Man Street BEACH I!IIIIIIIIIIIIIIIII�IIIIIIIII�!Illllillllllllllllllllllllllllllllllllllllll NO FEE P O Huntington Beach Ca 92648 2005000072585 03 34pm 0�128105 117 92 A04 1 00 0 DO 0 00 0 00 0 00 0 00 0 00 0 00 0 ` V " Y ` (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 December 27, 2004, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City - --of Hun*irgton-Beach,-as described on Final-Map-No 14135 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Ongmal Document Reflecting City Council Action Taken at December 20 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest JAN U.q,_V 024- 200S' p v L[ePL n M City Clerk and Ex officio Cle of e City Council Of the City of Huntington Beach California By eputy CITY OF HUNTINGTO BEACH by Ctty Engmeer This doaxnent is solely for the ofNdal bunkum of the C1ty of Huntington ted under OorsrrrnentCode sec.8 031 and should bt recorded free of charge 1 1i t u City of Hunt incttrbInBeach • P O Box 711 U L M 1r i ALIFORNIA 92648 TELEPHONE 714 536 5200 Z005 FLB - I A 714 374 1603 SHARI L FREIDENRICH CITY TREASURER CERTIFIED MAIL January 27 2005 The American Insurance Company 777 San Mann Drive j Novato CA 94998 To Whom it May Concern This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on January 18 2005 I Tract# 14135 Faithful Performance and Labor& Material Bond No 11119331723 Monument Bond No 1119331715 We are releasing the bonds and have enclosed them for your file Also enclosed is a copy of the City Council Action approving the release of the above-referenced bonds If you have any questions regarding this matter please contact me at (714) 536-5200 Sincerely cDt��_ Shan L Freidennch, CPA CCMT, CPFA City Treasurer Enclosures cc Oceancrest Partners LP 520 Broadway Ste 100 Santa Monica CA 90401 Terri Elliott Principal Civil Engineer (no attachments) Joan Flynn City Clerk (no attachments) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK January 24 2005 Tom Daly County Clerk-Recorder P 0 Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 14135 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 oan LP City Clerk JF pe Enclosures Tract No 14135—Oceancrest Partners—W/S Seapoint Street& N/O PCH g/followup/tract/acceptpublicimp recorder doc procedure#23 (Telephone 714 536 5227) Recording requested by and when recorded return to Joan Flynn City Clerk Office of the City Clerk CITY OF HUNUNGTON 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 December 27, 2004, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach as described on Final Map No 14135 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Onginal Document Reflecting City Council Action Taken at December 20 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest :�TA-PJ U A.P-V 9-4- 200.5- FL City Clerk and Ex offrcio Cledc of Ae City Council Of the City of Huntington Beach California By eputy CITY OF HUNTINGTO BEACH --j". P '��A by City Engineer This d0cu nent Is sooty for the ofBGdal buskmm of the City of Huntlnglon Beech as corAwnplated under Govsmffient Code Sec.6103 and should b 9 recorded free of charge RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) Fiff, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO an Freidenrich City Treasure FROM DATE SUBJECT Bond Acceptance I have received the bonds for 7tJ )(Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No 5 0 Re Tract No CC No MSC No Approved / 0 6� Agenda Item No (Council Approval Date) City Clerk Vault No #27 gAollowup/bondletter.doc • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK January 24 2005 Oceancrest Partners L P 520 Broadway Suite 100 Santa Monica CA 90401 Re Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No 14135---[Acceptance of Public Improvements] Please be advised that on Tuesday January 18 2005 the City Council of the City of Huntington Beach took the following action E-6 (City Council) Approved the Release of Securities for Tract No 14135 Located w/s of Seapoint Street, n/o Pacific Coast Highway—Approved the Notice of Acceptance of Public Improvements (Developer, Oceancrest Partners, L P (420 60)— 1 Accepted the improvements constructed and dedicated for public use with Tract No 14135 and 2 Accepted Guarantee and Warranty Bond No SU5012148 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 11119331723 and Monument Bond No 11119331715 pursuant to California Government Code Section No 66499 7(a) and 4 Instructed the City Clerk to notify the developer Oceancrest Partners L P of this action and the City Treasurer to notify the Surety The American Insurance Company of this action and 5 Instructed the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder Submitted by the Public Works Director Funding Source Not Applicable Sincerely �j4go) oan L Flynn City Clerk cc City Treasurer JF pe Attachment g/followup/tract/acceptpublicimp notice doc procedure#22 (Telephone 714 536 5227) 012-'jS S FRS Dcrc_./C-Yc/, Council/Agency Meeting Held Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied LNppjLr7 C y C rk s ignat Council Meeting Date 1/18/2005 Department Number PW 05-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY PENELOPE CULBR� H GRAFT CITY ADMINI TRATOR PREPARED BY ROBERT F BEARDSLEY PE DIRECTOR OF PUBLIC WORKS SUBJECT Approve the Release of Securities for Tract No 14135 and Accept the Public Improvements Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Oceancrest Partners L P the developer of Tract No 14135 (located at the west side of Seapoint Street north of Pacific Coast Highway) 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 Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 14135 2 Accept Guarantee and Warranty Bond No SU5012148 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 11119331723 and Monument Bond No 11119331715 pursuant to California Government Code Section No 66499 7(a) 4 Instruct the City Clerk to notify the developer Oceancrest Partners L P of this action and the City Treasurer to notify the surety The American Insurance Company of this action and 5 Instruct the City Clerk to record the "Acceptance of Public Improvements" (Attachment 1) with the Orange County Recorder Alternative Action(s) Deny the recommended action This action may violate the Subdivision Map Act 0 REQUEST FOR ACTION 0 MEETING DATE 1/18/2005 DEPARTMENT ID NUMBER PW 05-005 Analysis On July 21 1997 the City Council approved Final Tract Map No 14135 and accepted bonds from Oceancrest Partners L P the securities furnished for faithful performance labor and material and monuments The developer Oceancrest Partners L P has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 7(a) Public improvements constructed consist of the domestic water system and appurtenances within the private streets The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements The builder Ocean Colony L L C has provided Guarantee and Warranty Bond No SU5012148 (Attachment 2) as security for the one-year warranty period Following is a list of project data Developer Oceancrest Partners L P 520 Broadway Suite 100 Santa Monica CA 90401 Engineer Hunsaker & Associates Three Hughes Irvine CA 92618 Location West side of Seapoint Street north of Pacific Coast Highway (Attachment 3) Zone RL-CZ (Low Density Residential-Coastal Zone) No of Acres 9 923 No of Lots 53 numbered and 5 lettered 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 SU5012148 3 Location Map G\R C A\2005\05 005 Jan 18 Bogart JR 14135 Bond Release) doc 2 12/29/2004 2 20 PM ATTACHMENT # 1 ATTACHMENT #2 BOND NO SU5012148 PREMIUM_ $332_0_0 GUARANTEE AND WARRANTY BOND WHEREAS, Ocean Colony LLC as a Pnndpal and Arch Insurance company a corporation organl;md under the laws of the State of and duly autharfwd to do business m the State of Cafifomfe as Surety,are held and firmly board urdo the Chy of Hunffngton Beach,Caiffamia as Obligee,In the penal sum of Twenty Two Thousand One Hundred Dollars and 00/100 (1 . ,100 00) , representing 1O pemnt of the rmntrad pnoe entered into between the Prtnapal and Obligee to which payment well and truly to be made vie do bind ourselves,and each of our heirs,executors,admmmttators sucCessors and assigns Jointly and seyera0y WHEREAS,the said princgd ertterr d into a contract with said Obtigae,datt:d Jane 20, 1997 for vvottc desatbed as follows Ocean Colony Maintenance Bond, Tract 14135 WHEREAS said contract provides that fhe Pnncipaf vhll famish a bond conditaned to guarantes and warrant for the penad of one year after corn kdon of fe veork and ae=eptarm thereof by the Obligee against all dekcls In workmanship and matetfals Suring said one year period WHEREAS said work has been completed and accepted by Obi'ogee on May 5, 1999 NOW THEREFORE the Principal and Surety lenity and severally shall mderttrlify the Obligee for all loss tot the Obligee may sustain by reason of any defecthm maknals or vro dmianshlp which became apparent dumv the period of one year from and eL-r date of completion of work and acceptance thereof by Obligee In witness whemf this instrument has been duty exearted by ftte pnnapd and surely above named on December 9th 2004 pVED TO FO M Ocean Colon as PnnCip21 IFER McGRAT H C'�y �,AtLy1ev BY New Ur an ne as agent By • 0 Arch Insurance Company as Surety � BY STATE OF CALIFORNIA VJ ina Monroe, Attorney-in-Fact COUNTY OF ORANGE ) ON .BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE W MIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUT HOR12ED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON 894ALF 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 STATE OF CALJFORNIA ) ) SS COUNTY OF ORANGE ) ON .9EFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE,PEMONALLY 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 TN 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 ,Aw? CALIFORNIA ALL-PURPOSIOCKNOWLEDGMENT • No 5907 State of C'Mifnrnm County of Orange On 2004 before me, V M Campbell Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Janina Monroe NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed V M CAMPBELL the same in his/her/their authorized Commission# 1381697 Z capacity(ies), and that by his/her/their Notary PubliC — Caiifornio� signature(s) on the instrument the person(s) Orange County My CommE>4>ucounty52006 or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal SIGNATURE NOTARY V M Campbelltotary Public OPTIONAL Though the data below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park,CA 91309-7184 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of v OS MI 5 ss On �2I I 0 4— before me V1 N 1 (00Q b i�uLl���61(y D t fr��^ ,, N m D d TH of Off ce ( g J e Notary P bf ) personally appeared batto cair-dosp NmO fSg O %-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name() is/afe- subscribed to th within instrument and ANN M !O, acknowledged to me that he/shekhey executed Commission#1420540 71 the same in his/herfthetr authorized z -® LosAngeles Cou Public inty io s capacity(i�) and that by his/h.,e„4e;r My Comm Expires May27 200 signature(4 on the instrument the person() or the entity upon behalf of whiA the persons) acted executed the i trume l WITNES my an a o I seal ITt I T P bl � OPTIONAL Though the information below Is not required bylaw it may prove valuable to person relying )thdocument and could prevent fraudulent removal and reattachment of this form to another docu 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 Signer s Name ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 0 1999 Nat o at Notary A 1 9350 D S I A PO B 2402 Chat w rth CA 91313 2402 www t I t ry g Pod N 5907 R d C 11 T It Fee 1 800 876 6827 POWER OF ATTORNEY • Know All Men By These Presents That the Arch Insurance Company a corporation organized and existing under the laws or the State of Missouri having its principal office in Kansas City Missouri (hereinarter referred to as the Company ) does hereby appoint Victoria M Campbell Thomas G McCall and Janina Monroe of Irvine CA (EACH) its true and lawful Attorney(s) in Fact to make execute seat and deliver from the date of issuance of this power for and on its behalf as surety and as its act and deed Any and all bonds and undertakings EXCEPTION NO AUTHOPITY is granted to make execute seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be spirt into two or more bonds in order to bring each such bond within the dollar limit of autnonty as set forth herein The Company may revoke this appointment at any time The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been dulv executed and acknowledged by its regularly elected officers at its pnncipal office in Kansas City Missouri Tnis Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3 2003 true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3 2003 � F' VOTED That the signature of the Chairman of the Board the�y�rr�t%strident3dVL or any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3 2003 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company 00ML0013 00 03 03 Page 1 of 2 Printed in U S A _ __ , ili�UUIncnL <o oe signea ane its corporate seal to be arrixed bi their authorized officers this 21 st day or March 2003 Arch Ir"—)ance Company Attested and Certified S� Cis �Q Jasap`,C,� Labell Corporate Sec-eary Thomas P Luckstona Vic-- President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa 6 Gilligan a Notary Public do hereby certify that Thomas P Luckstone and Joseph S LabPli personally knoNn to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company a Corporation organized and existing under the laws of the State of Missouri subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth t shssa H G41€'igan Notary Pub( My cornmtsalan expires 2 28-05 CERTIFICATION I Joseph S Labell Corporate Secretary of the Arch Insurance Company do hereby certify that the attached Power of Attorney dated March 21 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate and I do further certify that the said Thomas P Luckstone who executed the Power of Attorney as Vice President was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company IN TESTIMONY WHEREOF I have h�r�e oc�su��fnbed my name and affixed the corporate seal of the Arch Insurance Company on this day of '' 20 JD " � Labell Corporate Sc-creA-1ry This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated Home Office Kansas '' MO fic� Cah m�to,a � rsa OOML0013 00 03 03 sit Page 2 of 2 `c Printed in U S A ltl�s�rr� 1� 7 ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002 we are providing fhis disclosure notice for bonds on which Arch Insurance Company is the surety DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0 00) DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible ATTACHMENT #3 P� C� Q z '�TRACT 14135 A� W �<v PALM o 0 ORANGE COAST H WY Location Map • i RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 14135 and Accept the Public Improvements COUNCIL MEETING DATE January 18, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached MV Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached El Not Applicable (Signed►n full by the City Attorney) ❑ Subleases Third Party Agreements etc AttachedNot Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved b the City Attoe Attached Ely y rn y) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) Attached ElNot A placable hed ❑ Commission Board or Committee Report (If applicable) Not Attac Applicable Attached ElFindings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) City Administrator (Initial) ( ) n City Clerk ( ) EXPLANATION FOR RETURN OF ITEM „ -0 1 A � v (Below Space For City Clerk's Use Only) RCA Author Bogart 1692 0 0 STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber Civic Center Huntington Beach California Monday July 21 1997 A videotape recording of this meeting is on file in the Office of the City Clerk The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5 00 p m CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT Julien Harman Dettloff Bauer Sullivan Green Garofalo ABSENT Consent Calendar- (Item Approved) On motion by Sullivan second Green the following item was approved as recommended by the following roll call vote AYES Julien Harman Dettloff Bauer Sullivan Green Garofalo NOES ABSENT E-9 (City Council) Final Tract Map No 14135 Of Tentative Tract Map No 14135, With Bonds And Subdivision Agreement Oceancrest Partners Subdivision w/s Seapoint Street n/o Pacific Coast Highway (420 60) 1 Approve Final Tract Map No 14135 and accept the offer of dedication and improvements and bonds (American Insurance Company) pursuant to findings and requirements listed in Attachment No 1 to the Request for Council Action dated July 21 1997 and 2 approve the Subdivision Agreement between the city and Oceancrest Partners L P and authorize execution by the Mayor and City Clerk Submitted by the Community Development Director [Approved 7-0] Page 10 Council/Agen*Agenda - 07/21/97 • (10) E-9 (City Council) Final Tract Map No 14135 Of Tentative Tract Map No 14135 With Bonds And Subdivision Agreement - Oceancrest Partners Subdivision w/s Seapoint Street n/o Pacific Coast Highway (420 60) 1 Approve Final Tract Map No 14135 and accept the offer of dedication and improvements and bonds (American Insurance Company) pursuant to findings and requirements listed in Attachment No 1 to the Request for Council Action dated July 21 1997 and 2 approve the Subdivision Agreement between the city and Oceancrest Partners L P and authorize execution by the Mayor and City Clerk Submitted by the Community Development Director [Approved 7-0] E-10 (City Council) Appropriation For Worker's Compensation Claims Administration & Data Processing System & Related Computer Technologies (320 45) Appropriate $122 809 from the General Fund Unappropriated Fund Balance for the Workers Compensation Claims Administration System the Data Communications Processing System and the purchase of three computer workstations Submitted by the Fire Chief [Deferred to 814197-- 7-0] E-11 (City Council) Operational Review Police Department Agreement Between The City And David M Griffith & Associates (600 10) Approve and authorize the Mayor and City Clerk to execute an Agreement between the City of Huntington Beach and David M Gnffith and Associates LTD for Operational Review of the Police Department in the amount of $81 000 Submitted by the Deputy City Administrator Administrative Services Department (To be completed in five months unless schedule is extended by mutual agreement of city and Contractor not in conflict with State Controller deadlines ) [Approved 7-0] E-12 (City Council) Release Of Securities w/Beach Boulevard s/Talbert - Investment Certificate Of Deposit- City Acceptance Of Improvements -Tract No 14828 Sassounian Capital Ventures, Inc (420 60) 1 Accept the improvements constructed and dedicated for public use within Tract No 14828 2 release Investment Certificate of Deposit No 09848-00271 3 instruct the City Clerk to notify the developer Sassounian Capital Ventures Inc of this action and the City Treasurer to notify Bank of America of this action and 4 instruct the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder Submitted by the Public Works Director [Approved 7-0] (10) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE �7 22 9 FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO I L 4 13 PARCEL MAP NO PARK AND RECREATION FEES P AID 'X YES El NO OTHER oward Zelefsky Planning Director • J. � O ~ AUTHORIZATION OF MAP RELEASE TO TITLE CO TO Janelle Case Deputy City Clerk FROM Bruce Crosby Civil Engineer Assistant DATE August 26 1997 TRACT NO 14135 TITLE CO First American Title Insurance Co , 114 E 5th St , Santa Ana Ca 92702 PHONE NO (714) 558-3211 TITLE OFFICER Jams Okerlund I hereby certify that all Public Works fees bonds, agreements and insurance requirements have been complied with A�� 9- Z� Bruce P Crosby 27430 Council/Agency Meeting Held >f�62 Deferred/Continued to 0 Approved ❑ Conditionally Approved ❑ Denied c City Clerk s Signature —6 Council Meeting Date July 21 1997 Department ID Number CD 97-35 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administrato PREPARED BY MELANIE S FALLON Community Development Director i-L SUBJECT FINAL TRACT MAP NO 14135 OF TENTATIVE TRACT MAP NO 14135, WITH BONDS AND AGREEMENTS (OCEANCREST SUBDIVISION) 1 Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 14135 (Oceancrest Subdivision a 53 unit single family residential project) located on Seapoint Street is being submitted to the City Council for approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map No 14135 and accept the offer of dedication and improvements and bonds pursuant to findings and requirements (Attachment No 1) and 2 Approve Subdivision Agreement between the City and Oceancrest Partners L P and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion Q� A "Deny Final Tract Map No 14135 and not accept the offer of dedication improvements and bonds " REQUEST FOR COUNCIL •Q ACTION MEETING DATE July 21, 1997 DEPARTMENT ID NUMBER CD 97-35 Analysis A PROJECT PROPOSAL SUBDIVIDER Oceancrest Partners L P 520 Broadway Ste 100 Santa Monica CA 90401 ENGINEER Hunsaker and Associates Irvine Inc Three Hughes Irvine CA 92618 LOCATION West side of Seapoint Street north of Pacific Coast Highway ZONE RL-CZ (Low Density Residential-Coastal Zone) GENERAL PLAN RL-7 (Low Density Residential) NO OF ACRES 9 923 NO OF NUMBERED LOTS 53 NO OF LETTERED LOTS 5 NO OF UNITS 53 DISCUSSION On November 12 1996 the Planning Commission approved Tentative Tract Map No 14135 for a 58 lot subdivision for construction of 53 detached single family residential units The request also included a zone change and a general plan amendment to lower the allowable density on the site these entitlements were approved by the City Council on January 6 1997 and certified by the California Coastal Commission on June 10 1997 Final Tract Map No 14135 represents the only phase of the project The subdivider will satisfy the affordable housing requirement by providing 18 off-site rental units for households earning up to 100 percent of Orange County median income The affordable housing proposal was approved by the City Council upon reconsideration on February 18 1997 The subdivider has satisfied the Park and Recreation requirement through the use of land dedication credits for 0 91 acres in the future Harnett M Wieder Regional Park These credits were purchased from PLC per conditions of approval on the tentative map CD97 35 DOC 2 07/09/97 11 20 AM R�QUEST FOR COUNCIL ACTION MEETING DATE July 21, 1997 DEPARTMENT ID NUMBER CD 97-35 The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with amended and approved by the Planning Commission Environmental Status This action to accept Final Tract Map No 14135 is exempt from the requirements of the California Environmental Quality Act Section 15628(b) On February 18 1997 the City Council approved Negative Declaration No 96-4 for the project Attachments) City Clerk's Page Numbei' 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 14135 with site plan 4 Tentative Tract Map No 14135 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance) — e,-L CD97 35 DOC 3 07/09/97 11 20 AM • s ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map No 14135 is in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 14135 conditions of approval as approved by the Planning Commission Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer a Faithful Performance Bond No 11119331723 as presented in Attachment No 6 b Labor and Material Bond No 11119331723 as presented in Attachment No 6 c Monument Bond No 11119331715 as presented in Attachment No 6 3 Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer, drainage, engineering and inspections shall be provided b A Certificate of Insurance shall be submitted c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In-Lieu Fees 1 • 'O 10 c t r or • •• • 4 all a /r • % \ / f r. ur Ioof u / AtDONooIN 8 / j o nurA r DIWA4 SPRINGMUf a r / IDWAIDI ODIDIN Wltl Do111u1D • D � ` pqr IfACN NIWIANo wD1+au .� Y � o � � n noanwtr k ` \ � t ` wAm t = ATTACHMENT 3 r TENTATIVE ,�I � I _ (TRAC CITYT NNO GT14135 I V 1 U"omuco inrIMI chi Mu" caum� � � COUNTY OF ORANGE STATE OF BEACH AMM l r..�r M j �w..v...+.� 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J V A • % 1� + gun sm, k em, k G&s FlAom W S r V jl��1 { f/. � I ~ � cm j .. y I I �raclusT—+ �111t\ f, y � w n Lin — a r ® 1 T ' �/1"� c I l l x�em�e N MAP I� aGTD 8TA E 3 I 1 ! t l0 _.�. w""" v—rrrs°c�v► �'r ��wr ISN 1®Y I Wnm r YLINYI I AMRN° TENTATIVE nwihow hrckvw+ nu n,uwlm te... BSOCUTT TRACT NO 14135 i. NEW URBAN WEST INC lllrpolo 191M cl 1 R I I Linear Perk �y a 1 h� RECREATION AREA MAIN ENTRY j<p \ \ t i/ /� ��✓\\\ �~ \\� 1\ PEA \\9� \ LANDSCAPED PARKWAY S�Ppp\N'j S� i ' r • 4w Y Surlcrest .eandscnpe Concept ;Sinn Oceancjzest ro NORTN • n 8 A C I ! SCALE 1 JV-0 --— 2"ActNo 14135 B 3 O C E A N C R E S T A ti� W W Y+IIwg4l0. Ilw MAIM M}IYI YR M Berko De T SN6o s • r Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92648 REVISED November 27, 1996 Oceancrest Partners 520 Broadway, Suite 100 Santa Monica, CA, 90401 SUBJECT GENERAL PLAN AMENDMENT NO 96-3/ZONING MAP AMENDMENT NO 96-3/TENTATIVE TRACT NO 14135/CONDITIONAL USE PERMIT NO 96-27/COASTAL DEVELOPMENT PERMIT NO 96-11/LOCAL COASTAL PROGRAM AMENDMENT NO 96-2/NEGATIVE DECLARATION NO 96-4 (OCEANCREST) PROPERTY OWNER. Oceancrest Partners, 520 Broadway, Suite 100, Santa Monica, CA, 90401 REQUEST To permit a General Plan Amendment, Zoning Map Amendment, and Local Coastal Program Amendment to redesignate a 9 9 gross acre site from High Density Residential to Low Density Residential, and to permit a Tentative Tract Map Conditional Use Permit, and Coastal Development Permit to allow subdivision of the site into 53 lots for a single family home Planned Unit Development LOCATION Northwest corner of Palm Avenue and Seapointe Street DATE OF ACTION November 12, 1996 Your application was acted upon by the Planning Commission of the City of Huntington Beach on November 12 1996, and your request was conditionallyapproved Attached to this letter are the Findings and Conditions of Approval for this application Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements (PCCL061 1) Gib �a 7 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal, it shall also be accompanied by a filing fee The appeal fee is $500 00 for a single family dwelling property owner appealing the decision on his/her own property The appeal fee is $1,200 00 for all other appeals In your case, the last day for filing an appeal and paying the filing fee is November 22, 1996 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval,unless actual construction has started If there are any further questions,please contact Laura Phillips, Planner at(714) 536-5271 Sincerely, Howard Zelefsky, Secretary Planning Commission by Sco Hess, AICP Senior Planner xc Property Owner Attachment. Findings and Conditions of Approval (PCCL061 2) FINDINGS AND CONDITIONS OF APPROVAL ZONING MAP AMENDMENT NO 96-3/ TENTATIVE TRACT NO 14135/CONDITIONAL USE PERMIT NO 96-27/ COASTAL DEVELOPMENT PERMIT NO 96-11 FINDINGS FOR ZONING TEXT AMENDMENT OR ZONING MAP AMENDMENT NO 96-3 1 The change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan The proposed Zoning Map Amendment from RH-29- O-CZ (High Density Residential-29 units per acre-Oil Overlay-Coastal Zone) to RL-O-CZ (Low Density Residential-Oil Overlay-Coastal Zone) is consistent with the land uses in the surrounding area, can be served with appropriate infrastructure and services at the time of development, and will reduce environmental and aesthetic impacts on the surrounding area 2 A community need is demonstrated for the change proposed The reduction in density from High Density Residential to Low Density Residential will accommodate the development of detached, single family homes in lieu of condominiums, in accordance with market demand 3 The adoption of the amendment will be in conformity with public convenience, general welfare and good zoning practice because it will not adversely affect surrounding property owners It will accommodate a development with reduced intensity and building bulk, and all potential environmental impacts, including noise, light, traffic, recreation, and wildlife,have been reduced to a level of insignificance as set forth in the Negative Declaration mitigation measures and Conditions of Approval FINDINGS FOR APPROVAL - TENTATIVE MAP NO 14135 1 The proposed map is consistent with the General Plan as amended by this application The project density of 5 35 units per acre is consistent with the Low Density Residential land use designation, and with the Coastal Element of the General Plan 2 The site is physically suitable for the type and density of development because the site has a 3 5 foot grade differential, which has been accounted for by the proposed grading plan The site will be similar in elevation to the surrounding properties, and can accommodate the proposed development without the need for variances from the HBZSO 3 The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably mjure fish or wildlife or their habitat The Negative Declaration has not identified any environmental impacts that cannot be mitigated to a level of insignificance with proper design and engineering, as conditioned and with mitigation measures (PCCL061 3) Iw 4 The design of the subf ision and the type of improvements if, 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 There is currently approved public access through the site to the Linear Park approved in conjunction with the approved condominium project, however, the Coastal Element of the General Plan allows for alternative access to the park which will be available adjacent to the site FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-27 1 The establishment, maintenance and operation of the Planned Unit Development for 53 detached single family units with reduced lot sizes (minimum 4,800 sq ft in lieu of 6,000 sq ft ) and lot widths (minimum 50 ft in lieu of 60 ft) as well as reduced front yard setbacks for garages (18 ft in lieu of 20 ft) will not be detrimental to the general welfare of persons working or residing in the vicinity The request also will not be detrimental to the value of the property and improvements in the neighborhood because this type of development is compatible with the surrounding development in terms of building bulk, setbacks, height, and landscaping is compatible with the medium density and med um high density residential nature of the areas to the south and east, and is compatible with the adjacent Linear Park 2 Conditional Use Permit No 96-27 for a Low Density Residential Planned Unit Development for 53 detached single family homes will be compatible with surrounding uses because the architecture, landscaping building setbacks, entryway statement, and building height and bulk are similar to surrounding properties, and the reduction in density from the previously approved condominium project will have fewer visual impacts on the Linear Park 3 The proposed Low Density Residential Planned Unit Development complies with the Planned Unit Development provisions of the RL (Low Density Residential) base distract and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance except as noted in Finding No 1 The proposed project does not require vanances from the HBZSO because the reductions in lot size and width, and reduced garage setbacks are part of the Planned Unit Development 4 The granting of the conditional use permit for a 53 unit Planned Unit Development will not adversely affect the General Plan It is consistent with the Land Use Element designation of Low Density Residential on the subject property In addition, it is consistent with the following goals and policies of the General Plan LU 2 Ensure that development is adequately served by transportation infrastructure utility infrastructure and public services The proposed development can be adequately served by existing infrastructure and incremental extensions of services to the site (PCCL061-4) • LU 91 2 Require thats family residential units be designed to convey a high level of quality and character considering the following guidelines -Modulate and articulate building elevation facades and masses (avo ding undifferentiated box-like structures) Avoid building material colors and construction elements that visually dominate their setting and contrast significantly with the character of their neighborhood -Minimize the amount and width of the paving of front yards for driveway and garage access -Encourage innovative and creative design concepts -Locate and design garages so that they do not dominate the street frontage The design of the individual structures reflects architectural elements, colors, and materials that help modulate the building mass Staff is recommending conditions of approval for the Conditional Use Permit that call for variable setbacks to help break up the cookie cutter appearance of the homes along the interior streets and the Linear Park • L U 9 3 2 Require that the design of new residential subdivisions consider the following -integrate public squares mini parks or other landscaped elements -site and design units and incorporate elements such as porches that emphasize front yards as an activity area and outdoor lining room by locating garages in the rear or side yards -Consider reduced street widths to achieve a more intimate relationship between structures to the extent feasible and in accordance with Huntington Beach Fire Department regulations -Consider an increase zn front yard setbacks sidewalk widths and the inclusion of landscaped parkways especially in neighborhoods where the street width is reduce -Include alleys or other means to minimize the dominance ofgarages along the street frontage Staff is recommending conditions of approval to include variable building setbacks Sidewalks will be provided on both sides of the street The applicant is proposing a minimum 4,000 square foot common open space amenity within the tract • UDI 3 4 Establish visual relief to the monotony of walled superblock corridors for new development require the use of landscape materials in the public right-of-way For both new and existing development add tree pockets and or landscape planters along the corridor using the predominate tree types of the adjacent residential areas The project includes a 10 foot wide landscape easement along Seapolnte Street between the right-of-way and the perimeter wall of the tract • PF 2 3 2 Ensure that new construction is designed with fire and emergency access and safety in mind The project has been designed and conditioned to comply with all applicable fire, and building, and seismic safety codes • UI 2 2 Require new developments to connect to the sewer system The project will connect to the sewer system (PCCL061 5) • U3 3 3 Require that new developments employ drainage technology to control drainage and minimize damage to environmentally sensitive areas The project has been conditioned to require review of grading plans by the Department of Public Works This will ensure that drainage from the site will not impact the bluffs, and will be directed to appropriate storm drains • EH 12 1 Require appropriate engineering and building practices for all new structures to withstand groundshaking and liquefaction such as stated in the Uniform Building Code All structures will be constructed in accordance with the Uruform Building Code • NI 2 1 Require in areas where existing or future noise levels exceed an Ldn of 60 dB (A) exterior and an Ldn of 45 dB(A) interior all new development of noise sensitive land uses such as housing include appropriate mitigation measures that will reduce noise exposure to levels within acceptable limits The project has been evaluated for noise impacts from adjacent heliport operations, oil operations, and traffic Suggested conditions of approval for the Conditional Use Permit can reduce impacts to an insignificant level FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 96- 11 1 The proposed Planned Unit Development for 53 single family homes, as modified by conditions of approval, conforms with the General Plan, including the following policies of the Local Coastal Program • 4a (1) Require an offer of dedication of an easement in all new development to allow vertical access to the shoreline or to public recreation areas or to public trails and bikeways unless adequate access exists nearby or is proposed by the land use plan within 1000 feet The previously approved project on the site included public access through the project to the Linear Park The proposed project is a gated, single family home development No public access is proposed However, public access to the linear park will be available immediately adjacent to the park to the north Therefore,the Coastal policy does not require additional access through the applicant's site • 6a Ensure new development within the coastal zone includes the features listed below and establish review procedures for implementation -Preservation ofpublic views to and from bluffs to the shoreline and ocean and to wetlands Adequate landscaping and vegetation -Evaluation ofproject design regarding visual impact The project will allow for views of the Bolsa Chica to the northeast, from the intersection of Palm Avenue and Seapointe Street In addition,views of the entire wetlands will be available to the public from the Linear Park, immediately adjacent to the site • 8a Require that development plans include mitigation measures to prevent the degradation of water quality of groundwater basins wetlands or surface water Standard conditions of approval for the Conditional Use Permit will ensure that no degradation of water quality occurs (PCCL061-6) R • 15a Prior to issuance of a development entitlement the City All make the finding that adequate services (i e water sewer roads etc) can be provided to serve the proposed development consistent with policies contained in the plan at the time of occupancy The proposed project can be provided with services and infrastructure at the time of development 2 The project is consistent with the requirements of the CZ Overlay District, the RL zoning district, as well as other applicable provisions of the Municipal Code 3 At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program The project can be provided with infrastructure and utilities that are available at or adjacent to the site 4 The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because public access to the Linear Park will be available immediately adjacent to the site CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO 96-27 1 The site plan dated October 16, 1996, and the floor plans and elevations dated September 11, 1996, shall be the conceptually approved layout with the following modifications a Lots 45-50 shall be revised as shown on the Landscape concept plan dated November 5, 1996, to reflect the deletion of one residential lot, the reorientation of lots 46-49 to face west, and the addition of recreation Lot C b Front building massing, elevation forms and/or building details for the homes shall be vaned, and subject to approval of the Department of Community Development c Lot 52 (Revised Plan) shall have a minimum 10 foot rear yard setback d The recreation area shall be a minimum of 4,000 square feet, and shall contain one or more amenities (such as barbecue, tot lot, etc ) to be approved by the Department of Community Development 2 Prior to submittal for building permits,the following shall be completed a Submit three (3) copies of the site plan to the Planning Division for addressing purposes If street names are necessary, submit proposal to Fire Department for review and approval b Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director (PCCL061 7) c Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers, natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units, and low-volume heads shall be used on all spigots and water faucets d If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans e The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set for h for units that lie within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) f Elevations shall depict colors and building materials proposed Or All rooftop mechanical equipment shall be screened from any view Said screening shall be architecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved h If outdoor lighting is included, energy savings lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations 1 A detailed soils analysis shall be prepared by a registered Soils Engineer This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading chemical and fill properties, foundations, retaining walls, streets, and utilities j The Community Development Department shall review and approve the following 1) A fencing plan for all perimeter and interior walls A minimum six (6)foot high wall shall be constructed along the project perimeter at Seapointe Street to reduce exterior noise levels to a maximum of 65 dB CNEL 2) Revised site plan as modified pursuant to Condition No 1 k An engineering geologist shall be engaged to submit a ieport indicating the ground surface acceleration from earth movement for the subject property All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits (PCCL061 8) 5� 1 The reference page for the working drawings for building permits and for ,lumbin P g electrical and mechanical permits shall include all conditions of approval imposed on the project printed verbatim m Fire Department requirements shall be noted on the building plans as referenced in Condition 3 b , below 3 Prior to issuance of building permits, the following shall be completed a Submit copy of the approved revised site plan, floor plans and elevations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file b The following Fire Department requirements shall be noted on the plans 1) Automatic Sprinkler systems will be installed throughout all buildings on "flag lots" to comply with Huntington Beach Fire Department and Uniform Building Code Standards Shop Drawings shall be submitted to and approved by the Fire Department prior to installation (FD) 2) Security gates will be designed to comply with City Specification#403 (FD) 3) Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification 9401 Include the circulation plan and dimensions of all access roads (24 foot fire lanes,turnarounds and 17 foot by 45 foot radius turns (FD) 4) Fire lanes will designated and posted to comply with City Specification#415 (FD) 5) Address numbers will be installed to comply with City Specification No 428 The size of the numbers will be sized a minimum of six(6) inches with a brush stroke of one and one-half (1-1/2) inches (FD) 6) Street names shall be shown Street names must be approved by the Huntington Beach Fire Department prior to use See City Specification#409 (FD) 7) The project will comply with all provisions of the Huntington Beach Fire code and City Specification#422 and#431 for the abandonment of oil wells and site restoration (FD) 8) Five (5) fire hydrants shall be installed prior to combustible construction Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation (FD) 9) The project will comply with all provisions of the Huntington Beach Municipal Code Title 17 04 085 and City Specification 9429 for new construction within the methane gas overlay districts (FD) (PCCL061 9) n c A Landscape Consti action Set must be submitted to the Departments of Community Development and Public Works and must be approved The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval The landscape plans shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance The set must be approved by both departments prior to issuance of building permits This plan shall include the modifications to the existing raised median on Seapointe Street (PW) d A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and it must be approved(by issuance of a grading permit) A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works (PW) e Final design elevations shall not vary from elevations shown on the tentative map by more than one (1) foot without prior approval from the City Engineer (PVV) f Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development (PW) g A detailed soils analysis shall be prepared by a registered engineer This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading chemical and fill properties, foundations, retaining walls, streets, and utilities (PWV) h Prior to issuance of building permits, the applicant shall have covenants recorded for 18 housing units which are affordable to families of Moderate Income as defined by the County of Orange (80% - 120% of the Orange County Median Income) The affordable units shall be available to the public prior to final building permit approval (occupancy) of the first home 1 An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc , during the project's construction phase j Gated entryway (access control devices) plans to the Community Development Department A "statement of architecture" should be incorporated to highlight the theme of the development Said gated entryway shall comply with Fire Department Standard No 403 Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development Fire and Public Works Departments 5 During construction, the applicant shall a Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site (PCCL061 10) 4� b Wet down areas i0 a late morning and after work is cojleied for the day, c Use low sulfur fuel ( 05%) by weight for construction equipment, d Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts), e Discontinue construction during second stage smog alerts 6 Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed a All improvements (includinZD g landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein b Final Tract Map No 14135 shall be accepted by the City Council It shall be recorded with the County Recorders Office and a copy submitted to Planning Division prior to Certificate of Occupancy or final inspection of first unit c Compliance with all conditions of approval specified herein shall be accomplished d All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them e A minimum six (6) foot high wall shall be constructed along the project perimeter at Seapointe Street to reduce exterior noise levels to a maximum of 65 dB CNEL 7 The use shall comply with the following a Fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required the applicant will be liable for expenses incurred (FD) 8 This Conditional Use Permit shall not become effective until General Plan Amendment No 96-3,Zoning Map Amendment No 96-3, Local Coastal Program Amendment No 96-2 have been approved by the City Council and in effect, and until Local Coastal Program Amendment No 96-2 has been approved by the Coastal Commission and is in effect MORMATION ON SPECIFIC CODE REQUIREMENTS 1 All applicable Public Works fees shall be paid prior to map recordation (PW) 2 Traffic Impact Fees shall be paid at the time of final inspection of the first unit (PW) (PCCL061 11) i' 3 A construction permit .,ill be required for all work within the iity right-of-way (PW) 4 All utilities shall be installed underground (PWI) 5 The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards 6 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays 7 The Planning Commission reserves the right to revoke Conditional Use Permit No 96-27, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 8 Conditional Use Permit No 96-27 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO 14135 1 The tentative tract map received and dated October 30, 1996, shall be the approved layout 2 Prior to recordation of the Final Map, the applicant shall enter into an Affordable Housing Agreement to provide for 18 housing units, to be affordable to families of moderate income, as defined by the County of Orange (80% - 120% of the County median income) The Agreement shall be executed prior to issuance of the first building permit for the tract The affordable units shall be available to the public prior to final building permit approval (occupancy) of the first home, and long term affordability (30 years) shall be ensured 3 Prior to recordation of the Final Map, the applicant shall agree to compensate PLC for Park and Recreation credits for the tract, In accordance with the Holly Seacliff Development Agreement 4 Public Works requirements are as follows a All vehicular access rights to Seapointe Street shall be released and relinquished to the City of Huntington Beach except at locations approved b the Planning Commission b The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 c Hydrology and hydraulic studies shall be submitted for Public Works review and approval (PCCL061 12) i d The sewer system chin the private streets shall be owned -d maintained by the homeowners association and shall be designed and constructed per Public Works requirements e The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 f An 84 foot (outside diameter)turnaround area for exiting vehicles leaving the"Gate House" lane (inside lane) shall be provided at the entry point g Revised street and traffic signal plans shall be required to match new entry construction h The storm drain system within the private streets shall be private i Drainage flows from adjacent properties shall not be obstructed Flows shall be accommodated per Public Works Department requirements j On-site drainage shall not be directed to adjacent properties, but shall be handled by a method approved by Public Works k Prior to issuance of grading permits the applicant hall obtain a National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Permit for construction activities from the Regional Water Quality Control Board Evidence that the permit has been obtained shall be submitted to the City Engineer 1 The proposed water main connection point located at the westerly end of the project shall be made at the intersection of Seapointe Street and the emergency access driveway The developer shall abandon the existing water stub in Seapointe Street m All water improvements shall be designed and installed per the City of Huntington Beach Water Division's design criteria, stand,plans and specifications n The water system shall be located within vehicle travelways The developer shall be held responsible for repairing any enhance pavement, if the water mains, etc , require repair or maintenance o The developer shall submit hydraulic calculations supporting fhe proposed water system improvements Minimum water main size shall be 8 inches I diameter p Any existing water services not utilized shall be abandoned at the water main and the mater returned to the Water Division (PCCL061 13) t q No combustible co truction shall occur without the appr•water system installed r Correct the spelling of Seapointe Street as shown on the Tentative Map A muumum width of 42 inches shall be maintained on the private sidewalks per ADA requirements s The following shall be dedicated to the City of Huntington Beach 1) The water system and appurtenances within the private streets 2) Access rights in, over, across, upon, and through the private streets within said tract for the purpose of maintaining, servicing, clearung, repairing and replacing the water system within said tract 3) An easement over the private streets, within said tract, for Police and Fire Department access purposes 3 At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council (PCCL061 14) i i • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND OCEANCREST PARTNERS L P FOR TRACT NO 14135 THIS AGREEMENT is entered into this.�/5j day of Cazwl,, 1997 by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as CITY ' and OCEANCREST PARTNERS L P 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 14135 and As a condition of the approval of and prior to the recordation of said subdivision map SUBDIVIDER is required to improve and dedicate the streets and alleys and to perform certain other improvements in said subdivision and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work to agree to perform said work as herein provided and to execute and deliver to CITY bonds for the faithful performance of said agreement for the payment of all labor and material in connection therewith and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the Government Code of the State of California and Chapter 225 of CITY S Zoning and Subdivision Code NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 3/k/PCD/Tract 14135/5/6/97 a&,7 �� s • • 1 GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to include but not limited to the construction of streets including excavation paving curbs gutters sidewalks trees and landscaping sewers including construction of main lines and lot laterals and structures street lights street signs construction of domestic water systems including the construction of water mains lot laterals and installation of meters engineering costs and any miscellaneous requirements as may be set forth in CITY S codes All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof and all labor and material bills therefor shall have been paid by SUBDIVIDER 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 2 3/k/PCD/Tract 14135/5/6/97 • • 4 FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred Twenty One Thousand Dollars ($221 000) as prescribed by Section 255 16 thereof which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map The deposit may be by corporate surety bond cash or other approved form of improvement security All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 5 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to SUBDIVIDERS employees and damage to SUBDIVIDERS property arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER including those arising from the passive concurrent negligence of CITY but save and except those which arise out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY SUBDIVIDER will conduct all defense at its sole cost and expense CITY shall be reimbursed by SUBDIVIDER for all costs or attorneys fees incurred by CITY in enforcing this obligation 3 3/k/PCDlTract 14135/5/6/97 • • 6 WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code § 1861 SUBDIVIDER acknowledges awareness of § 3700 et seq of said code which requires every employer to be insured against liability for workers compensation SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder SUBDIVIDER shall maintain Workers Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit 7 INSURANCE In addition to the workers compensation insurance and SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify SUBDIVIDER its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of $1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER s insurance shall be primary 4 3/k/PCD/Tract 14135/5/6/97 • 0 Under no circumstances shall said abovementioned insurance contain a self-insured retention or a deductible or any other similar form of limitation on the required coverage 8 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY and 4 shall state as follows "The above detailed coverage is not subject to any deductible or self insured retention, or any other form of similar type limitation " SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under the Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance SUBDIVIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required A separate copy of the additional insured endorsement to each of ISUBDIVIDER s insurance policies naming the CITY its officers and employees as Additional I Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 5 3/k/PCD/Tract 14135/5/6/97 • 9 ATTORNEYS FEES In the event suit Is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof each party shall bear its own attorney fees and costs IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written OCEANCREST PARTNERS L P by NEW CITY OF HUNTINGTON BEACH A ROjp&�� UD municipal corporation of the State of By California print nazlipe, ITS (circle one) Chairman'/Presiden ice President Mayor D ATTEST By City Clerk 9/7�g7 print nAme ITS (circle one Secreta /Chief Financial APPROVED AS TO FORM Officer/Asst Secretary Treasurer p c� Cit Attorney sl�1 S� E D APPROVED `\4��6 y� �\ INITIATED AND APPROVED City Administrator Ir ` City Engineer 6 3/k/PCD/Tract 14135/5/6/97 • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND OCEANCREST PARTNERS L P FOR TRACT NO 14135 TABLE OF CONTENTS Section Page 1 General Street Construction 2 2 Arterial Highway Improvement 2 3 Guarantee 2 4 Faithful Performance and Security 3 5 Indemnification Defense Hold Harmless 3 6 Workers Compensation Insurance 4 7 Insurance 4 8 Certificates of Insurance Additional Insured Endorsements 5 9 Attorneys Fees 5 3/k/PCD/Tract 14135/5/6/97 06/27/1997 12 48 310-862-2429 (F/7 LZI'- ASSOC INS PAGE 81 /`7 7 wa(+d oAYE v�iAwo v L 1 OBl08/97 �aoalrc�R THIS CERTIFICATE IU 13SUED AS A MATTER OF INFORMATION ONLY AND HALLMARK ASSOC INS SERVICE y� CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE LIC NO 0745199 � DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P 0 BOX 769 DOWNEY CA 90241 0769 0 COMPANIES AFFORDING COVERAGE C0WA;NY LETTER A GERUNC3 AMEfiICA INSURANCE 7 COMPANY g INSURANCE CO OF THE STATE OF PA Inils"TEO LITTER COMPANY C SAFECO INSURANCE NEW URBAN WEST INC LETTERETTER Ocean Crest Partners COMPANY 520 BROADWAY SUITE 100 LITTER D GOLDEN EAGLE INSURANCE SANTA MONICA CA 90401 COMPANY —L4•� � LETTER E 1W YCiTIis� 4 vq rrnx 4S3 1j SAK i{ St�; AF i l l { H s f� 4 THIS 15 TO CERTIFY THAT THE POLICIES OF INS IRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREII ENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA(N THE INSURANCE AFFonDfO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONOITIONS OF SUCH POLICES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS Ib TYPE OF INSURANCE POLICY IU=ER POLICY IFFECTPJI POLICY EJIPIRATIGx LI►RIra TR mAT6(MM MUM) DATE(MLVD0lYY) CUMAL IIAYILJTY GENERAL AGGREGATE 1 2,000,000 X COMMERCIALOENWALVABILITr PROOUCTaCOMPIOPAGOR 1 1000000 A uD CLAIMS MADf X OCCUR PERSONALBAOV INJURY + 1,000,000 GwvER S a CONTRACTOR S PROT 8020852G P 08/01/97 08101l9$ EACH OCCURRENCE + 1,000 000 FIRZ DAMAGE(Ary orm un) 1 100,000 MEO EJ(PENdE(Arty vne N ovn) i 5,000 AUTOM MLE LIAIILITY COMBINED SINGLE X ANY AUTO UNIT 1 1 000 000 ALL OWNEO AU108 BOOILYIryJURY 1 SCHEDULED AUTOS IV* P°rp n) C' X HIRED AU`r08 SA 4310619 OB118/96 08128f97 9001LY INJURY X NON OWNED AUTOS (Por acckom) 1 GARAGE LIABILITY PROPERTY DAMAGE _ VCEaa LIABILITY EACH OCCURENCE i 10,0007000 B X UMBRELLA FORM 4296 9211 08/01/97 08/30/97 AGGREGATE 1 10000 00 OTHER THAN UMBRELLA FORM ;�l A W � X STATUTORY LIMITS 11 WORRIR B cGIAPENSAnaa �2r'fs^�,a t D Aao NWC 322 73 02 09130l9B 09/30i97 £ACHACCIDENT 1,000 000 DISEASE-POLICY LIMIT + 1,000,000 ETAtLGYERa 11ADLlIT7 014EASE EACH EMPLOYEE i 1000 000 OTH+R A BUILDERS RISK 8-010 85,IMP OU/010= 7 D8AW—g0 F3 7 OF COV 6 000 000 POLICY DEDUCTIBLE 2 500 C r,�L iLUTTGid 0Fa0A9noa or arm TI OQ5&OCA110esM4EWCL1L%PQQAL IF1Ia Nt Evidence of InsuranceB 10 D notice of cancellation for Non P ment of remlum l ty Attorney CE#iT1;+�C�'IF 1i41 ��di; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATS THEREOF THE ISSUING COMPANY WILL rl� MAIL�Q_DAYS WRITTEN NOTICE TO THE CER IFICATE HOLDER NAMED TO THE City of Huntington Beach 1� LEFT MA EIRF Attn 8 Crosby Ass t Eng ,;t P 0 Box 190 Aunww TAnYI Huntington Beach CA 92648 AWIP)25 u H T y t t rt F t s a I AC9 r tO* L j#W f J �9 FE9 VITV 1 have received Faithful Performance Bond No 11119331723 The American Insurance Company Labor and Material Bond No 11119331723 The American Insurance Company and Monument Bond No 11119331715 The American Insurance Company Re Final Tract Map No 14135 - Oceancrest Partners RCA and Action Agenda for July 21 1997 attached Dated By BOND NO11119331723 'READ ILL 2520 FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of Caldornia and OCEANCREST PARTNERS, L P (hereinafter designated as principal)have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement,dated 19.and identified as project ,is hereby referred to and made a part hereof and WHEREAS said pnncipal 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 THE AMURTCAN ITISUPANCF COMPANY as surety are held and firmly bound unto the City of Huntington Beach hereinafter called City the penal sum of 770 HUNDRED 7 LTTI'Y'Y—ONE TH0US7Ay'D---- dollars t$ 221 000 -- lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and administrators jointly and severally firmly by these presents The condition of this obhgabon 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 bme and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless City its officers agents and employees as therein stipulated then this obligation shall become null and void otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor there shall be included costs and reasonable expenses and fees including reasonable attorney s fees incurred by City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered I C2 i • • The surety hereby stipulates and agrees that no charge extension of lone alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specrGcaOons accompanying the same shall in anywise affect its obligabons on this bond and it does hereby waive notice of any change extension of Grin alteration or addition to the terms of the agreement or to the work or to the specifications to witness whereof this instrument has been duly executed by the pnrwpat and surety above named on MARCH llth 19 97 OCEANCREST PARTNERS, L P BY NE64 ROSEBUD INC ITS GnT—RAL PARTNER as Principal a Sy THE MlERI TNSURANCE CO as Surety f rV /LVT,F L SANDLITV, ATI'OPNEY ITI FACT r � F � J11 2 GENERAL 7 O POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That THE AMERICAN INSURANCE COMPANY a Corporation incorporated under the 12ws of the State of New Jersey on February 20 1846 and redomesticated to the State of Nebraska on June 1 1990 and having its principal office in the City of Omaha State of Nebraska has made constituted and appointed and does by these presents make constitute and appoint -----LYLE L SANDLIN----- its true and lawful Attomey(s)-in Fact with full power and authority hereby conferred in its name place and stead to execute,seal acknowledge and deliver any and all bonds undertaking recognizances or other written obligations in the nature thereof ------------------------------------ and to bind the Corporation thereby as frilly and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confuming all that the said Attorney(s)-n Fact may do in the premises This power of attorney is granted pursuant to Article VII Sections 45 and 46 of Bylaws of THE AMERICAN INSURANCE COMPANY now in full force and effect Article VII Appointment and Authority of Resident Secrrtsnes Attorneys iu Fad and Agents to accept Legal Process and Mare Appearances Section 45 Appointment The Chairman of the Board of Directors the President any Via-President or any other person authorized by the Board of Directors the Chairman of the Board of Directors the President or any Vice-President may from time to time appoint Resident Assistant Secretaries and Attorneys-in Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation Section 46 Authority The authority of such Resident Assistant Secretaries Attorneys-in Fad and Agents shall be as prescribed In the Instrument evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment Thus power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day o°JLly 1984 and said Resolution has not been amended or repealed RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this Corporation may be affixed or printed on any power of attorney on any revocation of any power of attorney or on any certificate relating thereto by facsimile and any power of attorney any revocation of any power of attorney or certificate beanng such facsimile signature or facsimile seal shall be valid and binding upon the Corpo ation IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President and its corporate seal to be hereunto affixed this 1 Sr day of T„n e 19_90 y THE AMERICAid INSURANCE COMPANY CF OJf B Vc Pmd t STATE OF CALIFORNIA ss COUNT i'OF hIARIN On this I S t day of June 19 9 before me personally came R D Farnsworth to me known who being by me duly sworn did depose and say that he is Vice President of THE AMERICAN INSURANCE COMPANY the Corporation described in and which executed the above instrument that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written frunwurHeunantunrranm>t+>tmeHnnnumr ti OFFICIAL SEAL 1 M VANDEVORT -. NOTARY PUBLIC CALIFORNIA C NotaryPubhc Principal Office in Marin County = My Commission Expires Aug 28 1992 = CERTIFICATE �insuuMntmut�nrurunuee++u�urn>,nuun� STATE OF CALIFORNIA ss COUNTY OF MARIN I the undersigned Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY a NEBRASKA Corporation DO HERE Y CERTIFY that the foregoing and attached POWER OF ATTORNEY remains m full fora and has not been revoked and furthermore that Article VII Seduo 45 and 46 of the By laws of the Corporation and the Resolution of the Board of Directors set forth in the Power of Attorney are now in fora Signed and sealed at the County of Mann Dated the 11th day of MARCH 19 97 FRC JOa cc f� Revdmr A.i taut 5eaclary 360711 TA-6 90(REV) CALIFORNIA `Ej 1-11i �+ ALL-PURPOSE Y� �� T1 4� t 7s1tt IF � '�ft ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 LOS ANGELES COUNTY OF I On 111ARCH 11, 1997 before me PET\EY LYNN REED, NOTARY PUBLIC DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared LYLE L SANDLIN, ATTORNEY IN FACT personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted executed the instrument U Pennetv Lynn Reed WITNESS my hand and official seal > t r(,g187 No 0 CALIFORNIA 5 COUNTY Com r E,d Feb 4 2000 r f �y (SEAL) NO P BLIC IG ATURE ,q OPTIONAL INFORMATION .� r.,�,ft r' ►, BOT,M TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHFR THAN NAMED ABOVE c7 (7 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 THATTHEY 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 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 ao" 3 Of • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT I State of California I County of Los Angeles On March 11, 1997 before me Barbara L Schlueter , ( Date Name and Tile of Off ce (e g Jane Doe Notary P bl c) personally appeared Stephen Gunther Name(s)of S gne(s) I ( _X personally known to me—OR—C 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 l ( same in his/her/their authorized capacity(ies) and that by S' his/her/their signature(s) on the instrument the person(s) # or the entity upon behalf of which the person(s) acted ccffrtslon 1100171 WON PRbic—ccifollro executed the instrument Los Argeles CovM My coffm E4*W Jun 9 2OW WITNESS my hand and official seal I ( S( �ture of Notary P bl cof Notary P bl c ( �I ( 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 I i Description of Attached Document I � I Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above I Capacity(ies) Claimed by Signer(s) I Signer s Name Signer s Name - Individual C Individual Corporate Officer Corporate Officer Title(s) Title(s) Partner—C Limited C General - Partner—❑ Limited ❑ General ?� = Attorney in Fact - Attorney in Fact - Trustee Trustee - ill Guardian or Conservator Guardian or Conservator ' _ Other Top of thumb here _ Other Top of thumb he e (� I Signer Is Representing Signer Is Representing ' 1 0 1995 Nat o at Notary Assoc at on 8236 Remmet A e PO Box 7164 Ca oga Pa k CA 91309 184 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 BOND NO 11119331723 (� CQREMIUM LABOR AND MATERIAL BOND WHEREAS the CVy Counc I of the City of Hunbngton Beach State of California and OCR M=9T PAP=RS, L P (hereinafter designated a� Pnmcipal)have entered into an agreement wherebypancrpal agrees to install and complete designated pubfc improvements which said agreement,dated 19 ,and rdentfied as project is hereby referred to and made a part hercot and WHEREAS under the terms of said agreement,principal is required before entering upon the performance of the work to file a good and ufficient payment bond with the City of Hunbngton Beach *o ecure te clanrr;to%hich reference is made in Tile 15(commencing wth 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 matenalmen 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 ONE HUNDPED =q THOUSAI�TD & FIVE HUNDRED dollars($ 1101500 ------------ ) 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 heremabove set forth and also m case suit is brought upon this bond will pay in addition to the face amount thereof costs and reasonable expenses and fees including reasonable attomey s fees incurred by City'in successfully enforcing such obligabon to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered ft is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons companies and corporations entitled to fl e 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 obligabon shall become null and void otherwise it shall be and remain in full force and effect l The surety hereby stipulates and agrees that no change extension of time atterabon or" addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 to u affect its obligation q&bond and d does hereby waive notice of any such ch0 extension alteration or addition In wir6ness whereof this instrument has been fully executed by the principal and surety above named on MARCH 11, 1997 OCEANCREST PARTNERS, L P DFR`MT1-1 BY NEf 1 ROSEBUD, INC , ITS GFTIERAL as Pnncipat By. By = N=C-424 INSURAL\ICE CUIPANY ,as Surety 1 By r i A'' Lk By LYLE L SANDLIN, ATTORNEY TII FACT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON I 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 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE J � l ON BEFORE ME ,v A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND C, PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAVIES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES i 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 aa3o 2 xuMi � o CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGCLES ) On MARCH 11, 1997 before me PEI= L"-q N REED, NOTARY PUBLIC DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared LYLE L Q7NDLIN► ATI`O>?sTEEY IN FACT personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted executed the instrument .- Penney Lynn Reed; V Comm #1086187 WITNESS my hand and official seal 0 ' OTARY PUBLIC CALIFORNIA LOS GC LOS ANGELES COUNTY `/ Comm Exp Feb 4 20DO L� (SEAL) NOT RY P BLIC SIGNATURE ,q OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT BOND DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE GLNERAL . • POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That THE AMERICAN INSURANCE COMPANY a Corporation incorporated under the 12ws of the State of New Jersey on February 20 1846 and redomesticated to the State of Nebraska on June 1 1990 and having its principal office in the City of Omaha State of Nebraska has made constituted and appointed and does by these presents make constitute and appoint -----LYLE L SANDLIN----- its true and lawful Attorney(s)-in Fact with full power and authority hereby conferred in its name place and stead to execute seal acknowledge and deliver any and all bonds undertaking recognizances or other written obligations in the nature thereof ------_--_ --------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attorney(s)-in Fad may do m the premises This power of attorney is granted pursuant to Article V II Sections 45 and 46 of Bylaws of THE AMERICAN INSURANCE COMPANY now in full force and effect Article VH Appointment and Authonty of Resident Secretaries Attorneys4n Fad and Agents to accept Legal Process and Make Appearances Section 45 Appointment The Chairman of the Board of Directors the President any Vice-President or any other person authorized by the Board of Directors the Chairman of the Board of Directors the President or any Vice-President may from time to time appoint Resident Assistant Secretaries and Attorneys4n Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation Section 46 Authority The authority of such Resident Assistant Secretaries Attorneys-in Fact and Agents shall be as prescribed in the Instrument evidencing their appointment Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directors or by any person empowered to make such appointment This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day orJLly 1984 and said Resolution has not been amended or repealed RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this Corporation maybe affixed or printed on any power of attorney on any revocation of any power of attorney or on any certificate relating thereto by facsimile and any power of attorney any revocation of any power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corpo aeon IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 1 s t day of Ti i n p 19 gn THE AMERICAN INSURANCE COMPANY By V ce P aidmt STATE OF CALIFORNIA ss COUNT f OF MARIN On this 1 S t day of June 19 90 before me personally came R D Farnsworth to me known who being by me duly sworn did depose and say that he is Vice President of THE AMERICAN INSURANCE COMPANY the Corporation described in and which executed the above instrument that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written ■tnnturuHrrtrknrunrnrnrnnrmr*tutmtrnn■ = OFFICIAL SEAL s ! / a J M VANDEYORT zz -� NOTARY PUBLIC CALIFORNIA N terry Pubbc ' II Principal Office in Mann County _ v = My Grmmrsswn Expires Aug 28 1492 = CERTIFICATE >tirutuunnnurrrwHnwwnurrHutnuarnum� STATE OF CALIFORNIA ss COUNTY OF MARIN I the undersigned Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY a NEBRASKA Corporation DO HEREBY IRTIFYhat the foregoing and attached POWER OF ATTORNEY remains m full force and has not been revoked and furthermore that Article VII Sections 45 and 46 of the By laws of the Corporation and the Resolution of the Board of Directors set forth in the Power of Attorney are now in force Signed and sealed at the County of Marin Dated the lath day of MARCH 19 97 � rRc~ tf Resident Assistant Secretary 360711 TA-6 90(REV) c7 o CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT I ?3 State of California County of Los Angeles I � ( On March 11, 1997 before me Barbara L Schlueter Date Name a d T tle of ON cer(e g Jane Doe Notary Publ c) >„ personally appeared Stephen Gunther Name(s)of Signe(s) I A 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 instrumert and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted BRAI SCHUJErER Car1'1rr')LSSIOf}i 110p171 executed the instrument }� NoOMY tary Rd3lc—Cararroo ��y r WITNESS my hand and official seal I S gnature of Notary Publ c I I OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent S fraudulent removal and reattachment of this form to another document I Description of Attached Document I ) Title or Type of Document Document Date Number of Pages f Signer(s) Other Than Named Above I Capacity(ies) Claimed by Signer(s) Signer s Name Signer s Name Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) C Partner—C Limited J General F Partner—_ Limited General I C Attorney in Fact 1 Attorney in Fact 71 Trustee Trustee h Guardian or Conservator C Guardian or Conservator ❑ Other Top of thumb here _1 Other T,p of thumb here I �I Ih �i Signer Is Representing Signer Is Representing 0 1995 Nat onal Notary Assoc at on 8236 Remrret A e PO Bo 7184 Ca oga Pa k CA 91309 7184 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 BON 11119331715 PREP274 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT OCEANCREST DARRTRS I D as Subdivider of Tract No 14135 in the Gty of Huntington Beach County of Orange Slate of Californa has submitted to said Crty a Final Map of said tract containing an engineer's or surveyor's certtcate stating that all final monuments will be set in the posfions indicated on or before the date specified in said certificate That said OCEANCPEST PAT -gTPE, L p (Subdivider) as principal and THE LT'ff'RTCAN INSURANCE C(YAPANV as surety hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract as are not already set pnor to the recording of said Final Map in accordance with said map and said cerblcate up to but not on excess of the sum of $ 24,000 J 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 Calrforma IN WITNESS WHEREOF we have executed this instrument this 11th day of P'1ARCH 1997 OCCANCRL'S'I' PA=RS, L P BY 11LZ7 ROSEBUD, INC ITS =NEPAL T'P.PTr]ER as Pnncipal By By THE Al"ERICAIl TNSURPTICE COMPANY as Surety ey By By LYLF L SAJ)LT-N, ATTORTT'Y Irl FPCT t , GENERAL O POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS That THE AMERiCAN INSURANCE COMPANY a Corporation incorporated under the 12ws of the State of New Jersey on February 20 1846 and redomesticated to the State of Nebraska on June 1 1990 and having its principal office in the City of Omaha State of Nebraska has made constituted and appointed and does by these presents make constitute and appoint -----LYLE L SANDLIN----- to true and lawful Attorney(s)-in Fact with full power and authority hereby conferred in its name place and stead,to execute seal acknowledge and deliver any and all bonds undertaking recogntzances or other written obligations in the nature thereof ------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the Corporation and duly attested by its Secretary hereby ratifying and confirming all that the said Attomey(s)-in Fad may do in the premises This power of attorney is granted pursuant to Article VII Sections 45 and 46 of Bylaws of THE A 4ERICAN INSURANCE COMPANY now in full force and effect Article VII Appointment and Authority of Resident Secretaries Attorneys-tn Fad and Agents to accept Legal Process and Make Appearances Section 45 Appointment The Chairman of the Board of Directors the President any Vice-President or any other person authorized by the Board of Directors the Chairman of the Board of Directors the President or any Vice-President may from time to time appoint Resident Assistant Secretaries and Attorneys-ln Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation Section 46 Authority The authonty of such Resident Assistant Secretaries Attorneys-m Fact and Agents shall be as prescribed in the Instrument evidencing their appointment Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment This power of attomey is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day o°JiJy 1984 and said Resolution has not been amended or repealed RESOLVED that the signature of any Vice President Assistant Secretary and Resident Assistant Secretary of this Corporation and the seal of this Corporation maybe affixed or printed on any power of attorney on any revocation of any power of attomey or on any certificate relating thereto by facsimile and any power of attorney any revocation of any power of attorney or certificate bearing such facsimile signature or facsunile seal shall be valid and binding upon the Corpo ation IN WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereunto affixed this 1 t day of Tiinp 19 gn THE AMERICAN INSURANCE COMPANY JL CE C�Jtf By Vrc P csident STATE OF CALIFORNIA ss COUNT f OF MARIN On this 1st day of June 19 2 before me personally came R D Farnsworth to me known who being by me duly sworn did depose and say that he is Vice President of THE AMERICAN INSURANCE COMPANY the Corporation described in and which executed the above instrument that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year herein first above written �+nnueruHeult+nnnrer�nrnrmm�itrnnrnm■ OFFICIAL SEAL 1 M VANDEVORT -. NOTARY PUBLIC CALIFORNIA NoLuy P bhe Principal Office in Marin County = My Corrimnsion Expires Aug 28 1492 = CERTIFICATE Gall 11410fllri al 11 tim nalnliOflleHlllflUHlHl 111 lIII STATE OF CALIFORNIA ss 3 _ COUNTY OF MARIN I the undersigned Resident Assistant Secretary of THE A4ERICAN INSURANCE COMPANY a NEBRASKA Coiporati n DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked and furthermore that cle VII Sections 45 and 46 of the By laws of the Corporation and the Resolution of the Board of Directors set forth in the Power of Attorney are now in for Signed and sealed at the County of Marui Dated the 11th day of MARCH 1997 l ER rE + Rodent Asustant Seaetary 360711 TA-6 90(REV) CALIFORNIA ALL-PURPOSE f ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES l On MARCH 11, 1997 before me PI NNEY LYNN REED, NOTARY' PUBLIC DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared LYLE L 9ANDLIN, =ORl`IEY IN FACT personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted executed the instrument WISPenney 7Feb eeWITNESS my hand and official seal Com7RY PORNIAnn�S ATY 0m 2000 (SEAL) NOIA P BLIC IGNATURE no OPTIONAL INFORMATION +;f BOND TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE 0 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT II��(',c�t.c:rc�.ct,c�(`.crcrs�'��-c,�t'.<:rc:rc:C'.c.�.crc:rc�'���.c�_��'�-c�'�'.���.�•cr���'�����'�'-c���'�'�'y 0 ` I State of California County of Los Angeles rl t On March 11, 1997 before me Barbara L Schlueter Date Name and T tle of Ott cer(e g Ja e Doe Notary P bl c) >„ personally appeared Stephen Gunther Name(s)of Signer(s) �I I FX 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) 2? BARSARALSCNUXT>R or the entity upon behalf of which the person(s) acted Conm lon#1100171 executed the Instrument unty -� Notary R,bEc—Caff=k IDs I� �-��sJ WITNESS m hand and official seal ICIhE My C,-r a es J�s'i 9 2'J� Y ) S gnature of Notary Publ c tt OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent ,I fraudulent removal and reattachment of this form to another document t��I II 5 Description of Attached Document Title or Type of Document i Document Date Number of Pages i Signer(s) Other Than Named Above I Capacity(ies) Claimed by Signer(s) f Signers Name Signer s Name f Individual ❑ Individual _ Corporate Officer ❑ Corporate Officer Title(s) Title(s) �I ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator _ Other Top of thumb here ❑ Other Top of thun b here I� Signer Is Representing Signer Is Representing 0 1995 Nato al Notary Assoc at o 8236 Remmet A e PO Bo 184 Ca oga Pa k CA 91309 7184 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK Date September 17 1997 First American Title Insurance Company 114 E 5th Street Santa Ana California 92702 Attention Janis Okerlund Regarding Final Tract Map No 14135 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Bruce Crosby Department of Public Works P 0 Box 190 Huntington Beach CA 92648 Sincerely lxtt, Connie Brockway CIVIC City Clerk CB jc Enclosure Received by '� Dated g Vollowup\tractmap (Telephone 714 536 5227)