Loading...
HomeMy WebLinkAboutFinal Tract Map 14590/TT 14590-Pacific Landing/Cannes Pt-Thr City of Huntington Beach • P O Box 711 CALIFORNIA 92648 ' . TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER Apn130, 2001 CERTIFIED MAIL __ C= C Developers Insurance Company S2 j P O Box 19725 z Irvine, CA 92623 o co a-<C-7 ` c�o r To Whom it May Concern D a�'�� c-, a = This is to inform you the City Council of the City of Huntington Beach, on December 18, 20kQ c-, approved the release of the following bond -17 D Tract# 14590 Faithful Performance and Labor&Material Bond No 443969S Monument Bond No 443970S We are releasing the bond and have enclosed it for your file Also enclosed is 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, Shan L Freidennch, CPA, CCMT City Treasurer Enclosures cc Three Corners Partners, LLC 5620 East Santiago Canyon Rd Orange CA 92869 Bob Beardsley Director of Public Works(no attachments) Connie Brockway City Clerk(no attachments) G Uoyce\SHARI\ ETTER.S\Bond release TR 14590 doc r Recording requested by Recorded in Official Records County of Orange and when recorded return to Gary Granville Clerk Recorder Connie Brockway City Clerk !!Ii�! !011II!i!II!I!.il!,116111111111!I!IIII!IIIIIIIINO FEE Office of the City Clerk 200100055561135am 01/04/01 CITY OF HUNTINGTON BEACH 100 13 A04 1 P 0 Box 190-2000 Main Street 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 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 November 14 2000 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 14590 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance within the dedicated easements and the curb gutter, paving and sidewalk within Main Street, Huntington Street and Garfield Avenue The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at 12-18-2000 City Council Meetin Submitted for Recordation by the Orange County Recorder Attest NG!rm 6 20 00 iic V1 Y City Clerk and Ex officio Clerk o `the t cu Of the City of Huntington Beach California By eputy Tax 1=xempt Col em,n nt Agency CITY OF HUPIT GTON BEACH CITY OF HiJNTINGTO EACH By by City Engineer Deputy Ci y Clerk ��I�L This document is solely for the City Attorney bLs ness of the City ©t P Ci n � ; 03 Eleach as contern- rq _ -1 L-ce Cn-iornment Geode ^c CIO� and should be recorded frec of c,aa cie ! s CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK �SZ,4� bj�-JA CON KWAY CITYCLERK CLERK J January 3 2001 Three Corners Partners LLC 5245 E Santa Ana Canyon Road Suite 100 —� Anaheim Hills CA 92807 Re Tract No 14590— Release of Securities & Acceptance of Public Improvements Please be advised that on Monday December 18 2000 the City Council of the City of Huntington Beach took the following action (City Council) Approved the Release of Securities to Three Corners Partners, LLC for Tract No 14590 (Main and Huntington Streets and Garfield Avenue) and Accepted the Public Improvements (420 60) — 1 Accepted the improvements constructed and dedicated for public use with Tract No 14590 and 2 Released Faithful Performance/ Labor and Material Bond No 443969S and Monument Bond No 443970S pursuant to California Government Code Section No 66499 7(b) and 3 Accepted Guarantee &Warranty Bond No 443969S the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer and 4 Instructed the City Clerk to notify the developer Three Corners Partners LLC of this action and the City Treasurer to notify the Surety Developers Insurance Company of this action and 5 Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder Sincerely 4�kx 6�9� ;t- Connie Brockway CMC City Clerk CB jh g/followup/tract/acceptpubliamp notice doc (Telephone 714 536 5227) • • ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 27 000 Three Corners Partners LLC 5620 East Santiago Ca you Rd Orange CA 92869 Re Tract No 14590 — Releas of Securities & Acceptance of Public Improvements Please be advised that on Monday cember 18 2000 the City Council of the City of Huntington Beach took the following a'%on (City Council) Approved the Releaseecurities to Three Corners Partners, LLC for Tract No 14590 (Main and Huntington Streets and Garfield Avenue) and Accepted the Public Improvements (420 60) — 1 AccepteOthe improvements constructed and dedicated for public use with Tract No 14590 and 2 Released Faithful Performance/ Labor and Material Bond No 443969S and Monument Bond No 4439�OS pursuant to California Government Code Section No 66499 7(b) and 3 Accepted Guarantee &Warranty Bond No 443969S the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer and 4 Instructed t,City Clerk to notify the developer Three Corners Partners LLC of this action and the City ,easurer to notify the Surety Developers Insurance Company of this action and 5 Instrb ted the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder Sincerely dmr66 ow,4�4a;��— Connie Brockway CIVIC City Clerk CB jh g/followup/tract/acceptpublicimp-notice doc (Telephone 714 536 5227) • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 27 2000 Gary L Granville County Clerk Recorder P 0 Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract 14590 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 Connie Brockway CIVIC City Clerk Enclosures Tract No 14590—Three Corners Partners LLC—Triangular area bounded by Main and Huntington Streets and Garfield Avenue g/followup/tract/acceptpubliamp-recorder doc (Telephone 714 536 5227) -- Recording requested by and when recorded return to Connie Brockway City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190—2000 Main Street Huntington Beach Ca 92648 (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 2» 22) PLEASE TAKE NOTICE THAT on November 14, 2000 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 14590 Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance within the dedicated easements and the curb, gutter, paving and sidewalk within Main Street Huntington Street and Garfield Avenue The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at 12-18-2000 City Council Meetin `Submitted for Recordation by the Orange County Recorder AttestGt 2b 2000 City Clerk and Ex officio Clerk o the cil Of the City of Huntington Beach California By eputy Tax c"�MPL Cove melt Agency CITY OF HUNLINGTO EACH CITY ADeputy GTON BEACH By �L by City Engineer y Clerk TI-Is dozurrient is solely for the City Attorney c7c a' bus mess of the City o i Mach as contem- c a .2-L .s GoLio-riment Code ^s 6 i;G --id snou'd be recorded frec of ci-nu rje IqITY OF HUNTINGTON BEA ) , b 1 _ R_ Cf�SYs VJ�b ,1 5 . ('� MEETING DATE December 18, 2000 DEPARTMEN N Ml3�R' P� Council/Agency Meeting Held Deferred/Continued to A roved ❑ Condit io ally Approved ❑ Denied Cl k s Signature Council Meeting Date December 18 2000 Department ID Number PW 00 115 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION rr SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS r I r, SUBMITTED BY RAY SILVER City Administrator o7rs r REPARED BY ROBERT F BEARDSLEY Director of Public Works h1c;c7p 14, z SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 14590 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Should Three Corners Partners, LLC the developer of Tract No 14590 located at the triangular area bounded by Main Street Huntington Street, and Garfield Avenue receive a release of securities pursuant to the provisions of the Subdivision Map Act having completed all required public improvements? Funding Source Not Applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 14590 and 2 Release Faithful Performance/Labor and Material Bond No 443969S and Monument Bond No 443970S pursuant to California Government Code Section No 66499 7(b) and, Accept Guarantee & Warranty Bond No 443969S the security furnished for guarantee and warranty of improvements and instruct he City Clerk to file the bond with the City Treasurer and Instruct the City Clerk to notify the developer Three Corners Partners LLC of this action and the City Treasurer to notify the Surety Developers Insurance Company of this action and Instruct th- Ctty Jerk to record the ' Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder 9 Tr 14590 bond release 2 11/29/00 8 42 AM #QUEST FOR COUNCIL ACTS MEETING DATE December 18, 2000 DEPARTMENT ID NUMBER PW 00-115 Alternative Action(s) Deny the recommended action Analysis On February 17 1998 the City Council approved Final Map No 14590 and accepted Bonds from Three Corners Partners LLC the securities furnished for Faithful Performance/Labor & Material and Monuments Three Corners Partners LLC has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to Calif Government Code Section 66499 7(a) Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets the storm drain system and appurtenance within the dedicated easements and the curb gutter paving and sidewalk within Main Street Huntington Street and Garfield Avenue The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements Calif Government Code Section No 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The developer has provided Guarantee & Warranty Bond No 443969S as security Following is a list of project data Developer Three Corners Partners LLC 5620 East Santiago Canyon Rd Orange CA 92869 Engineer Gilbert Engineering 4552 Lincoln Ave Ste 206 Cypress CA 90630 Title Co First American Title Co 114 E 5th Street Santa Ana CA 92702 Location The triangular area bounded by Main Street Huntington Street and Garfield Avenue Lots 29 numbered lots and 5 lettered lots Acreage 4 863 Zone HSSP-RMH (Holly Seacliff Specific Plan-Medium High Density Residential) Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268(b) Attachments) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee &Warranty Bond No 443969S 3 Notice of Acceptance of Public Improvements RCA Author Bruce Crosby 00 115 dec 18 crosby doc 3 11/28/00 12 22 PM ATTACHMENT 1 z p A a o f �� �� t s t 55 CCCCSS kkSS cc eeCCSS CC Ra€ �; V i ! f g ,4a9gat$�aa�� raaa�aaagagaaa�F � a°Do a4 4 p @ t < ! 0 1 1 < Y R c \ t I\ 6� tt 1�2115 N019NI1WH —I l .3 I¢ — —— —————— ——— � � � • f I N — — —I I r- — — I tl II 14 lbw J �5 I \ I I I I I I I I A ACHM—r_Ntt\io 2 . 1 ATTACHMENT 2 BONDNO& 969S PREMIUM 1 Included in Performance Bond GUARANTEE AND WARRANTY BOND Three Corners Partners LLC WHEREAS a California limited liability company as a Principal and Developers Insurance Company a corporation organized under the laws of the State of California and dL'y authorized to do bisiness in the State of Cali`omia as Surety are held and firmly bound unto the City of Huntington Beach California as Obligee in the penal sum of fourteen thousand eight hundred and No/100--------------- representing 10 percent of the contract price entered into between the Principal and Obligee to which payment well and truly to be made we do bind ourselves and each of our heirs executors administrators successors and assigns jointly and severally WHEREAS the said principal entered into a contract with said Obligee dated for work described as follows %n'�c� WHEREAS said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee against all defects in workmanship and materials during said one year period WHEREAS said work has been completed and accepted by Obligee on NOW THEREFORE the Principal and Surety jointly and severally shall indemnify the I Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee In witness whereof this instrument has been duly executed by the principal and surety above named on October 17 = 2000 Three Corners Partners LLC a California limited liab lity company asPnncipal By %,' L Communitie Managmg Member of By reme�� Partners LLC Developers Insuranccee Company Surety tl rne% By Rol A Neuschae er�— Attorney In Fact 1 i POWER OF ATTORNEY OF OIDEMNITY COMPANY OF CALIFIiIA AND DEVELOPERS INSURANCE COMPANY PO BOX 19725 IRVINE CA 92623 (949)263 3300 N? 013773 NOTICE 1 All power and authority herein granted shall in any event to minate on the 31 st day of March 2002 2 This Power of Attorney is void if altered or if any port on is erased 3 This Power of Attorney is vo d unless the seal is readable the text is in brown ink the signatures are in blue ink and this notice is in blue ink 4 Th s Powe of Attorney should not be returned to the Attorney(s) In Fact but should remain a permanent part of the obligee s records KNO V ALL MEN BY THESE PRESENTS that except as expressly lim tad INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY do each severall but not jointly hereby make constitute and appoint -STEVEN C HARRIS, ROLF A NELISCHAEFER, JOINTLY OR SEVERALLY- the true and lawful Attorney(s) In Fact to make execute deliver and ackno /ledge for and on behalf of sa d corporat ons as sureties bonds undertakings and contracts of suretysh l n an amount not exceed ng Ten M II on Dollars(S10 000 000) n any s ngle undertak ng giving and grant ng unto sa d Attorney(s) In Fact full power and authority to do and to perforn every act necessary requ s le or proper to be done in connection there th as each of said corpo at ons could do but resery ng to each of said corporations full power of substitutior and re�oca ion and all of the acts of said Attorney(s) In Fact pu suant to these presents are hereby rat f ed and conf rmed This Power of Attorney is g anted and is s gned by facsim le under and by author ty of the follow ng esolut ons adopted by the respective Board of Directors of INDEMNITY COMPANI OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY effect ve as of September 24 1986 RESOLVED that the Chat man of the Board the President and any V ce Pres dent of the corporal ons be and that each of them hereby is authorized to execute Powers o Attorney qual fying the attorney(s)named to the Powers of Attorney to execute on behalf of the cc porat ons bonds undertak ngs and contracts of suretysh p and that the Secretary or any Assistant Secretary of the corporat ons be and each of them hereb s authorized to attest the execut on of any such Power of Attorney RESOLVED FURTHER that the signatures of such off cers may be aff ed to any such Power of Attorney or to any certificate relat ng thereto by facs mile and any such Power of Attorney or cert ficate bear ng such facsimile signatures shall be valid and binding upon the corporal on when so affixed and to the future with respect to any bond undertaking or contract of suretysh p to which it is attached IN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Pres dents and attested by their respect ve Secretaries this 22nd day of December 1998 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Q Q By Ct V By V Dan F Vincenti Jr Dante qpjncenti Jr Pre sident OOPANYC r P sident S0 UR44, ��OpPOgr v ��P,oPPOgq�Cn a OCT 5 ATTEST 0,-MAR 27 0 0 y 1967 1979 a zet— O P By * By Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On December 22 1998 before me C Hollister personally appeared Dante F Vincenti Jr and Walter Crowell 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 to his/her/their authorized capac ty(ies) and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted executed the instrument WITNESS y hand and official seal _ C HOLLISTER Signature l ( ( �3�Lf � COMM #Notary Public California 0 eORANGE COUNTY y Comm Expires AUG 11 2002J CERTIFICATE The undersigned as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA and Senior Vice President of DEVELOPERS INSURANCE COMPANY does hereby cent fy that the foregoing and attached Power of Attorney remains to full force and has not been revoked and furthermore that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth to the Power of Attorney are to force as of the date of this Certificate This Certificate is executed to the City of Irvine California this 17 day of October 2000 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY D\t17�C 5UR ,Z � t�P PP 0q �. 9 I BY .2 OCT 5 �+ 8y MAR 27 o O William T Sherer Ly 1967 a William T Sherer L 1979 i Senior Vice President °y q(/FOgN�Pa Senior Vice President y°('q(/FOPaP ID 314 REV(12/98) • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT N"- - - - - - - - - - - - - - crr�rc c c �rcr crs�=4� c� cc c� �4e�c�crXY, State of California I , ss County of Orange I 10 17 00 Teresa E Bur Notary Public On / / before me Bury, Y Dale Name and The of Ofrce (e g Jane Doe Notary Pub[c) personally appeared Rolf A Neuschaefer Name(s)of S gner(s) g personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(y,) is/aces subscribed to the within Instrument and TFRESA E.BURY acknowledged to me that he/she1#tey executed Commission# 1275481 i �., Notary Public California the same In his/heidit�m authorized Z L � Orange County capacity(ox) and that by his/ber./ MyComm Expres May 7 2M3 signature(s) on the instrument the person( or the entity upon behalf of which the person(,-4 acted executed the instrument � WITNES my hand %ndffic,,iaI seal � Place Notary Seal Above S gnat re of Notary 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 Description of Attached Document Title or Type of Document Guarantee and Waranty Bond I i Document Date 10/17/00 Number of Pages 1 I � Signer(s) Other Than Named Above i I 1 Capacity(ies) Claimed by Signer Signers Name Rolf A Neuschaefer ❑ Individual ( El Corporate Officer—Title(s) Top of thumb here i ❑ Partner—O Limited ❑ General i ® Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other Developers Insurance Company I Signer Is Representing P � f [ 0 1997 National Notary Assoc ation 9350 De Soto A e PO Box 2402 Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll Free 1 800-876 6827 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT __. � M_,_. er - - - - - - - - - - - - - - - - - - - - - - - - - - - - ati State of California � ss County of �i C�i , I On CI( 20, ZC 0 before me Vq 1_66E, LU (V1� �-'TAP�q Date Name and Ttle of Officer(e g Ja a Doe Notary Publ c) �? personally appeared )Ar_,06S Name(s)of S gner(s) I personally known to me ace to be the person}' whose name Dare- subscribed to the within Instrument and acknowledged to me that/shefth y executed VALERIEWLLUAZI COMM #1271417 t the same in his ho.,� uthorized ' i ,D NOTARYPtBl1C CXA:Cf�NI► capacityX) an that by hi herftF�etr � orn .Aug i signature�'j on the Instrument the person the entity upon behalf of which the perso,Aj acted executed the Instrument WI N SS my hand anti official-seal Place Notary Seal Above , u� S gnatu a of Notary PublicI 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 fraudulent removal and reattachment of this form to another document f � Description of Attached Document I Title or Type of Document f Document Date Q-DO Number of Pages ' GNUS vt)jWtEs ( Signer(s) Other Than Named Above � i r ) Capacity(ies) Claimed by Signer ( Signers Name ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s) 1 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact i ❑ Trustee President Heritage I ❑ Guardian or Conservator Communities Managing Member of ) Other Three Demers i P rtners LLC Signer Is Representing LE�� � fi✓Es LLC I i I � 0 1997 National Notary Assoc at on 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313 2402 P od No 5907 Reo der Call Toll Free 1 800 876 6827 ATTACHMENT 3 • • RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 14590 and Accept the Public Improvements COUNCIL MEETING DATE December 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed m full by the City Attorne ) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Attached Staff Report If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author Bruce Crosby DECLARATION OF CONDITIONS. COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) Recorded in the County of Orange California RECORDING REQUESTED BY Gary L. Granville IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /RecoNOeFee City of Huntington Reach 19980366399 10 06am 06/11/98 2000 Main Street 502 14016862 14 23 Htinti ngtosi Beach , Cal 3for^ia D02 8 6 00 21 00 0 00 0 00 0 00 0 00 92648 WHEN RECORDED MAIL TO ) CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) P O BOX 190/2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) I ) Above Space for Recorder's Use Z�l THIS DECLARATION OF CONDITIONS COVENANTS AND RESTRICTIONS FOR 1Ll PROPERTY (the "Declaration" is made by and between THREE CORNERS PARTNERS LLC a California limited liability company(the "Covenantor") and THE CITY OF HUNTINGTON Ni BEACH, a California municipal corporation(the "City" or "Covenantee") as of the date set forth below RECITALS A Covenantor is the owner of certain real property in the City of Huntington Beach, County of Orange State of California B Covenantor is required to subject five lots (individually referred to herein as "Lot ) within the property ("Property'), as described in Exhibit"A attached hereto and incorporated herein by this reference to the covenants conditions and restrictions provided for in this Declaration NOW THEREFORE, the parties hereto agree and covenant as follows 1 Affordable Covenants Covenantor agrees for itself and its successors and assigns and every successor to Covenantor's interest in the Property, or any part thereof, that until the Expiration Date (as defined below) the Property shall be subject to the folloNving This document Is solely for the official business of the City 1 Tax Exempt Government Agency of Huntington Beach as contem- CITY OF HUNTINGTON BEACH plated under Government Code Sec 6103 and should be recorded freq of charge ley eputy City ClerR (a) The Property shall only be owned and occupied by Covenantor or by other persons or families of Moderate Income ' 'Moderate Income" shall mean persons or families earning one hundred twenty percent (120%) or less of Orange County Median Income adjusted for appropriate family or household size Median Income shall mean the most current median income figures for Orange County California as published by the United States Department of Housing and Urban Development A family's or household's income level will only be measured at the time a Lot is conveyed (b) The Property shall be kept available at Affordable Housing Cost (as defined below) to the Covenantor or other persons or families of Moderate Income Affordable Housing Cost shall not be more that the greater of (i) that purchase price which would result in monthly housing payments which do not exceed an amount under any currently prevailing conventional home mortgage lending rates applied by any reputable institutional home mortgage lender, or the lending rates of any government subsidized or special mortgage program for which such person or family qualifies and has obtained a first true deed loan, which do not exceed thirty-five percent (35%) of one hundred twenty percent (120%) of the Median Income, or(11) the maximum purchase price of a person family or household earning one hundred twenty percent (120%) as determined in accordance with the Affordable Housing Price/Income Guidelines or successor guidelines published by the City for such purposes from time to time (c) The covenant contained in this Section 1 shall run with the land and shall automatically terminate and be of no further force or effect upon the expiration date which is the date thirty (30) years from the date a certificate of occupancy is granted for the Lot by the City ('Expiration Date ) 2 Transfer of Property No transfer of the Property shall occur until the City determines (a) that the proposed purchaser intends to occupy the property as the proposed purchaser's principal residence, (b) that the proposed purchaser is a person, family or household of Moderate Income, (c) that the proposed transfer occurs at an Affordable Housing Cost The City shall not be obligated to approve a transfer until and unless the proposed purchaser has submitted to the Department of Community Development of the City such information and completed such forms as the City shall request to certify that the proposed purchaser meets the criteria described in sections (a) and (b) of the prior sentence and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the proposed purchase price Prior to conveyance of the Propertv each approved purchaser shall submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser may only sell the unit at an Affordable Housing Cost to a Moderate Income person, family or household, that the maximum permitted sales price may be less than fair market value and that the unit must be owner-occupied at all times and cannot be rented or leased Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide any required information to the City in connection with the Covenantor's original sale of the Property or any Lot provided that the Covenantor shall be not obligated to incur any out-of-pocket costs in connection therewith other than employee time 2 • • dedicated to providing such assistance THE COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER TAKING INTO CONSIDERATION INTEREST RATES THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH HIS NOT ENCUMBERED BY THIS RESTRICTION COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE CITY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COSTS Co enantor Initials The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date 3 Non-Discrimination Covenants Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color religion, sex, marital status, national origin or ancestry in the sale, lease, sublease transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants leases, subtenants, sublessees, or vendees in the Property Covenantor and its successors and assigns, shall refrain from restricting the rental or lease (if permitted by Covenantor) or sale of the Property on the bans of race, color, religion, sex, marital status, national, origin or ancestry of any person All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses (a) In deeds "The grantee herein covenants by and for himself or herself, his or her heirs, executors administrators and assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color religion sex marital status, national origin or ancestry in 3 • • the sale lease sublease transfer use occupancy tenure or enjoyment of the land herein conveyed nor shall the gran tee himself or herself or any pcxson claiming under or through him or her establish or permit any such practice or practices of discrimination or segregation with reference to the selection location number use or occupancy of tenants lessees, subtenants sublessee or vendees in the land herein conveyed The foregoing covenants shall run with the land ' (b) In leases "The lessee herein covenants by and for himself or herself his or her heirs executors, administrators and assigns, and all persons claiming under or through him or her and this lease is made and accepted upon and subject to the following conditions There shall be no discrimination against or segregation of any person or group of persons on account of race, color religion sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself or any person claiming under or through him or her establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased " (c) In contracts "There shall be no discrimination against or segregation of, any person, or group of persons on account of race color, religion, sex, marital status, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants sublessee or vendees of the premises " Nothing in this Section 3 shall be construed to authorize the rental or lease of the Property if such rental or lease is not otherwise permitted The covenants in this paragraph 3 shall run with the land in perpetuity 4 Covenants Do Not Impair Lien No violation or breach of the covenants, conditions, restrictions,provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest 5 Covenants for Benefit of City All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of the Covenantee for the entire period during which such covenants shall be in force and effect, without regard to whether the Covenantee is or remains an owner of any land or interest therein to which such covenants relate The Covenantee in the event of any breach of any such covenants shall have the right to exercise all the rights and remedies and to maintain any action at law or suits in equity or other proper legal proceedings to enforce and to 4 • • cure such bleach to which it or any other bLneficianes of these covenants may be entitled during the term specified for such covenants except the covenants against discrimination which may be enforced at law or in equity at anv time in perpenuty IN WITNESS WHEREOF the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this 12-bC day of `t ng,u 199P COVENANTOR COVENANTEE THREE CORNERS PARTNERS LLC, a THE CITY OF HUNUNGTON BEACH a California hmitcd lr liry company California municipal corporation By Mark Jacobs WHentage Cor ununities Mayor Managing Member of Three Corners Partners LLC ATTEST Its Cur Chairman of the ` Boas resident/ ,y Vice President er City Clerk AND APPROVED AS TO FORM c� By City A ort�j�eey Mark Jacobs of H ge Communities W� a 2-�ff F� Managing Member of Three Comers REVIEWED AND APPROVED Partners LLC n Its Circle O Se y Assistant 1;V Secretary/Cturf Financial Officer/Any Assistant City ACIrastrator Treasu= INITIATED AND APPROVED /,A-/Z"I— Director of Cornet ry Development C�DY'S BM1259 2403 5 CALIFORNIA ALL-PURPO•ACKN_OWLEDGMENT • f � State of I ` ( 1 County of f On �,na,4 /4� /99� before me y � f Cr Date Name and Title of Office (e g Jane Doe Notary I c) ) f personally appeared Name(s)of S gner(s) Q I personally known to me- f whose name(2)+s&re subscribed to the within instrument and acknowledged to me that i ,'they executed the I f same in 4tsATerkheir authorized capacity ies and that by I ++s4e0heir slgnatureLs)on the instrument the personUsCwwr I ( 5 tp,Fl or the entity upon behalf of which the person acted ( r ►+rmxr^Aic-�CANko+p, - executed the instrument ) f 'N+vtComr,�_ Oct}2 d - w - WITNESS my hand and official seal ( 1 S gnature of Nota ublic I ( OPTIONAL ) f 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 I ( Description of Attached Document ) f Title or Type of Document , W/T-AAA, C 1 Document Date /lel n? ee Number of Pages .S Signer(s) Other Than Named Above ( Capacity(ies) Claimed by Signer(s) f ) Signers Name Lay4a Signers Name �Na vim « ) J r ❑ Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer 1 Title(s) Title(s) ( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General 1 ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trusteeif ) ❑ Guardian or Conservator ❑ Guardian or Conservator I f C"Other �M&f4b�, Top of thumb here P'Other e,. 2y-- e+r_ Top of thumb here ) ( I Signer Is Representing Signer Is Representing 1 0 1995 Nat onal Notary Assoc ation 8236 Remmet A e P 0 Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 EXHIBIT A All that certain real property in the City of Huntington Beach County of Orange State of California described as follows LOTS 19 21, 24 27 AND 29 OF TRACT NO 14590 AS SHOWN ON A MAP RECORDED IN BOOK 765 AT PAGE 26 TO 29 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER CALIFORNIA ALL-PURPOSACKNOWLEDGMENT State of r-p/eri/>'d County of t9p,4d L On 41 43 before me Date Name and T tle of Office (e g Jane Doe Notary Public) personally appeared /av, as ) Name(s)of S gner(s) Xpersonally known to me-OR- to be the personk whose nameWi subscribed to the within instrument and acknow edged to me tha executed the e in is authorize capacity(i and that by i it si natureVon the instrument he rso VFW UI" or the entity uponbeh�if of which the person7act�d corrYrl�sim#ii08729 executed the instrument /' Notary Fub�c—cauforNa ( orange countyamy 1 ( Comm Expires Aug 18 2000 WIT S my hand and official seal f Signalu e of Notary Publ 1 ( OPTIONAL ) Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent ) fraudulent removal and reattachment of this form to another document Description of Attached Document //��,,, �,,/ f Title or Type of Document 2�PAai cz i Aut S)AIC, �-Y/ytoex , Document Date Number of Pages IR Signer(s) Other Than Named Above (�PQF -&-r 8V-r,4e11 - Aq#yppe. Gl n/C4��4, Ca acit ies Claimed b Signer(s) ' I� ADM/A)' D to P- P Y� ) Y 0l= C, r4 � Signers Name m kp-K JlkDas Signer s Name /j""�L I 1 ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer 1 Title(s) Title(s) ( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ( ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator OtherPresident Henta Top of thumb here ❑ Other Top of thumb here ( Communities I'- Managing Member of ( Three Eomes Pars rtne LLC Signer Is Representing Signer Signer Is Representing `ne ( 1 0 1995 National Notary Assoc at on 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll F ee 1 800 876 6827 (6) 0 05/04/98 - Counc,191gency Agenda - Page 6 E-3 (City Council) Approve Four Agreements With Williams Communications Solutions, LLC - For Voice Mail & Call Accounting Systems (Telecommunications System) - City Hall - Central Library -Joint Powers Facility And To Replace Call Accounting System At All City Facilities -Approve Modifications To The Liability Insurance Requirements (600 10) -Approve and authorize the Mayor and City Clerk to execute the four Agreements between the City of Huntington Beach and Williams Communications Solutions LLC for Telecommunications System including settlement committee recommendations Williams Communications for 1 Contract to upgrade existing voicemail system at City Hall and network to Joint Powers and Central Library ($27 898 55) 2 Contract to upgrade existing voicemail at Joint Powers and network to Central Library and City Hall ($15 988 31) 3 Contract to upgrade existing voicemail at Central Library and network to City Hall and Joint Powers ($7 544 23) and 4 Contract to replace Call Accounting System at all city locations ($63 916) Submitted by the Fire Chief [ApprovedF- 7-0] E-4 (City Council) Receive And File 1996-97 State Controller's Report Prepared By The Economic Development Department (400 20) - Receive and file the State Controllers Report for the 1996-97 fiscal year Section 33080 1 of the State of California s Health and Safety Code ( Redevelopment Law ) states that the Redevelopment Agency is required to prepare and Annual Report Annual Report Of Financial Transactions For The 12 Months Ended September 30 1997 This Report is forwarded to the California Department of Housing and Community Development (HCD) by no later than six months after the end of the fiscal year Attached for the Agency s review is the report for fiscal year 1996-97 Submitted by the Economic Development Director [Approved- 7-0] E 5 (City Council) Approve Affordable Housing Covenants For Heritage Communities Proiect -Tract No 14590 - (Pacific Landing, Formerly Cannes Pointe) -Three Corners Partnership - Declaration Of Conditions, Covenants & Restrictions For Property Resale Restrictions - n/o Garfield Avenue Between Main & Huntington Streets - Holly Seacliff Development Agreement Area (420 60) -Approve and authorize execution of the affordable housing covenant Declaration Of Conditions Covenants And Restrictions For Property (Resale Restrictions) for the Heritage Communities Project (Tract No 14590) by the Mayor and City Clerk and direct the City Clerk to record with the Orange County Recorder Submitted by the Community Development Director [Approved 7-0] E-6 (City Council) Reimbursement Agreement With Three Corners Partners L L C For 12-Inch Water Main Construction In Huntington Street Between Garfield Avenue And Main Street - Heritage Communities -Tract No 14590 (600 10) -Approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement For Water Pipeline Construction Between The City Of Huntington Beach And Three Corners Partners L L C for the cost of construction of the 12-inch water main in Huntington Street (between Garfield Avenue and Main Street) for a cost not to exceed $135 000 Submitted by the Acting Public Works Director [Approved- 6-0-1 (Green out of room)] E-7 (City Council) Adopt Resolution No 98-32 Approving A Revision To Resolution (6) e_o m Council/Agency Meeting Held Vr S 1'010 6o A��r� Defe ed/Continued to Approved ❑ Conditionally Approved ❑ Denied .bePdVty Clerk s Signature Council Meeting Date May 4 1998 Department ID Number CD 98 19 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator PREPARED BY MELANIE S FALLON Community Development Director SUBJECT AFFORDABLE HOUSING COVENANTS FOR HERITAGE COMMUNITIES PROJECT (TRACT NO 14590) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Transmitted for your consideration is an affordable housing covenant for the Heritage Communities project known as Pacific Landing (formerly Cannes Pointe) The covenant ensures that five of the 29 units in the project would be available to moderate income households for a 30 year period pursuant to the Holly Seacliff Affordable Housing Plan Staff recommends approval of the covenant because it is consistent with the master affordable housing covenants approved by the City Council and would fulfill a condition of approval for the project Funding Source Not applicable Recommended Action nrn , Motion to -� D Approve and authorize execution of the affordable housing covenant for the Heritage Communities Project (Tract 14590) by the Mayor and City Clerk and direct the City Clerk to record with the Orange County Recorder Alternative Action The City Council may make the following alternative motion Continue the request for approval of the affordable housing covenant for Heritage Communities and direct staff accordingly E-5 *QUEST FOR COUNCIL ACT11N MEETING DATE May 4, 1998 DEPARTMENT ID NUMBER CD 98-19 Analysis A PROJECT PROPOSAL Applicant Heritage Communities 5620 E Santiago Canyon Rd Orange CA 92869 Location North of Garfield Ave between Main and Huntington Sts The Pacific Landing project (Tract 14590) is required to provide five of its 29 homes as affordable to moderate income households for a period of 30 years pursuant to the Holly Seacliff Affordable Housing Plan The applicant has identified the five lots for the affordable homes as presented in the legal description attached to the covenant B STAFF ANALYSIS AND RECOMMENDATION The Holly Seacliff Affordable Housing Plan requires that 15 percent of the homes built within the Holly Seacliff Specific Plan area be available to moderate income households (120 percent of Orange County median) for a period of 30 years The affordable homes must be for-sale and be located within Holly Seacliff The affordable housing covenant is in compliance with the requirements for the project and meets the objectives of the Holly Seacliff Specific Plan The covenant is based on the covenant template previously approved by the City Council and has been reviewed and approved by the City Attorney Staff recommends the City Council approve the affordable housing covenant for the project Environmental Status Holly Seacliff Development is covered by Final Environmental Impact Report No 89-1 which was certified by the City Council on January 8 1990 No additional environmental review is necessary Attachment(s) City Clerk's Page Number 1 Affordable Housing Covenant 2 Tract 14590 Site Plan 3 Summary of Affordable Housing in Holly Seacliff CD98 19 DOC 2 04/22/98 8 27 AM a by w ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 21 1998 Gary L Granville County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Declaration Of Conditions Covenants and Restrictions For Property by and between Three Corners Partners LLC and The City of Huntington Beach to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please conform the enclosed copy of the document and return to this office in the enclosed self-addressed stamped envelope &-vbu- AMWT Connie Brockway CIVIC City Clerk Enclosures Declaration of Conditions Covenants and Restrictions for Property Tract 14590 - Heritage Communities Project (Telephone 714 536 5227) • • DECLARATION OF CONDITIONS. COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) RECORDING REQUESTED BY ) City of Huntington RPa _h ) 2000 Main Street ) H„nrington reach , California ) 92648 ) WHEN RECORDED MAIL TO ) CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) P O BOX 190/2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) ) ) Above Space for Recorder's Use THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (the "Declaration" is made by and between THREE CORNERS PARTNERS LLC, a California limited liability company (the "Covenantor") and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City" or"Covenantee") as of the date set forth below RECITALS A Covenantor is the owner of certain real property in the City of Huntington Beach, County of Orange, State of California B Covenantor is required to subject five lots (individually referred to herein as Lot") within the property ("Property'), as described in Exhibit"A' attached hereto and incorporated herein by this reference, to the covenants, conditions and restrictions provided for in this Declaration NOW, THEREFORE the parties hereto agree and covenant as follows 1 Affordable Covenants Covenantor agrees for itself and its successors and assigns, and every successor to Covenantor's interest in the Property or any part thereof that until the Expiration Date (as defined below) the Property shall be subject to the following This document is solely for the Tax Exempt official business of the City 1 p Government Agency of Huntington Beach as contem- CITY OF HUNTINGTON BEACH plated under Government Code Sec 6103 and should be recorded freq of Charve 9y 0 (a) The Property shall only be owned and occupied by Covenantor or by other persons or families of Moderate Income ' 'Moderate Income' shall mean persons or families earning one hundred twenty percent (120%) or less of Orange County Median Income adjusted for appropriate family or household size Median Income shall mean the most current median income figures for Orange County California as published by the United States Department of Housing and Urban Development A family's or household's income level will only be measured at the time a Lot is conveyed (b) The Property shall be kept available at Affordable Housing Cost (as defined below) to the Covenantor or other persons or families of Moderate Income Affordable Housing Cost shall not be more that the greater of (i) that purchase price which would result in monthly housing payments which do not exceed an amount under any currently prevailing conventional home mortgage lending rates applied by any reputable institutional home mortgage lender, or the lending rates of any government subsidized or special mortgage program for which such person or family qualifies and has obtained a first true deed loan, which do not exceed thirty-five percent (35%) of one hundred twenty percent (120%) of the Median Income, or(ii) the maximum purchase price of a person, family or household earning one hundred twenty percent(120%), as determined in accordance with the Affordable Housing Pnce/Income Guidelines or successor guidelines published by the City for such purposes from time to time (c) The covenant contained in this Section 1 shall run with the land and shall automatically terminate and be of no further force or effect upon the expiration date which is the date thirty (30) years from the date a certificate of occupancy is granted for the Lot by the City ("Expiration Date') 2 Transfer of Property No transfer of the Property shall occur until the City determines (a) that the proposed purchaser intends to occupy the property as the proposed purchaser's principal residence, (b) that the proposed purchaser is a person, family or household of Moderate Income, (c)that the proposed transfer occurs at an Affordable Housing Cost The City shall not be obligated to approve a transfer until and unless the proposed purchaser has submitted to the Department of Community Development of the City such information and completed such forms as the City shall request to certify that the proposed purchaser meets the criteria described in sections (a) and (b) of the prior sentence and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the proposed purchase price Prior to conveyance of the Property, each approved purchaser shall submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser may only sell the unit at an Affordable Housing Cost to a Moderate Income person, family or household, that the maximum permitted sales price may be less than fair market value and that the unit must be owner-occupied at all times and cannot be rented or leased Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide any required information to the City in connection with the Covenantor's original sale of the Property, or any Lot, provided that the Covenantor shall be not obligated to incur any out-of-pocket costs in connection therewith, other than employee time 2 0 • dedicated to providing such assistance THE COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH HIS NOT ENCUMBERED BY THIS RESTRICTION COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE CITY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COSTS ColVenantor Initials The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date 3 Non-Discrimination Covenants Covenantor covenants by and for itself, its successors and assigns, and all persons clairrung under or through them that there shall be no discnmrnation against or segregation of any person or group of persons on account of race, color, religion, sex, mantal status, national ongin or ancestry in the sale, lease sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Covenantor itself or any person claiming under or through it, establish or permit any such practice or practices of discnmrnation or segregation with reference to the selection, location, number, use or occupancy of tenants, leases, subtenants, sublessees, or vendees in the Property Covenantor and its successors and assigns, shall refrain from restncting the rental or lease (if permitted by Covenantor) or sale of the Property on the basis of race, color, religion, sex, mantal status national, ongrn or ancestry of any person All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses (a) In deeds "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, mantal status,national origin or ancestry in 3 i r the sale lease sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location number, use or occupancy of tenants lessees, subtenants sublessee or vendees in the land herein conveyed The foregoing covenants shall run with the land " (b) In leases "The lessee herein covenants by and for himself or herself his or her heirs, executors, administrators and assigns and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased " (c) In contracts "There shall be no discrimination against or segregation of, any person or group of persons on account of race, color,religion, sex, marital status ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the premises " Nothing in this Section 3 shall be construed to authorize the rental or lease of the Property if such rental or lease is not otherwise permitted The covenants in this paragraph 3 shall run with the land in perpetuity 4 Covenants Do Not Impair Lien No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest 5 Covenants for Benefit of City All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of the Covenantee for the entire period during which such covenants shall be in force and effect, without regard to whether the Covenantee is or remains an owner of any land or interest therein to which such covenants relate The Covenantee, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any action at law or suits in equity or other proper legal proceedings to enforce and to 4 0 • cure such breach to Anich it or any other beneficianes of these covenants may be entitled dunng the term specified for such covenants except the covenants against discrimination which may be enforced at law or in equity ai anv time in perpetuity IN WITNESS WI-IEREOF the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authorized this 19-9- day of `ejp,,i 199p COVENANTOR COVENANTEE THREE CORNERS PARTNERS LLC a THE CITY OF HUNTINGTON BEACH a California hrnitcd h lrty company California municipal corporanon 13y Marls Jacobs enrage Communities Mayor Managing Member of Three Corners Farmers LLC ATTEST Its CurJ5,UQr,ChanTrian of the 42o� �� Boar esrdew/ y Vicc President City Clerk S/� /�/yam AND APPROVED AS TO FORM (:401 BY City A or�e y cobs of H Mark Jacobs ge Communities /` -Z15-j Managing Member of Three Comers `l f 2l �`` REVIEWED AND APPROVED Partners LLC Its Circle O Se y Assistant Secretary/Chef Financial Off►ceT/Any Assistant City A&&mstrator T reastirrs INITIATED AND APPROVED /,A-LG,_ Director of Commuifity Development C tD%,�,3CF\1259 2403 5 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT hit c �C cc cr<C c�c� c�crc� c� G� c� s� c�c< c� c� cC�Y State of County of 92LC�� , t On �?2a.4 /9, /99P before me ,�.���-ice Date Name and Ttle of OR cer(e g Jane Doe Notary&1ic) >„ l personally appeared - — � Name(s)of S gne(s) �I u ersonally known to me— whose name+s4gr subscribed to the within instrument and acknowledged to me that they executed the same in 4tsfhre heir authorized capacity ies and that by ' their signature,( on the instrument the person _ COMINOW*1157474 or the entity upon behalf of which the persons acted NowyfN tic—CX111111fo"1O executed the instrument My Goan Egiom ocf 2.21MI WITNESS my hand and official seal S gnatu e of Nota ubl c l OPTIONAL Though the information below 1s 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 documentI Description of Attached Document I� Title or Type of Document �'. 7 �i�eya a r c.i�T/vu<C°4,. Document Date 14YP Number of Pages S ' Signer(s) Other Than Named Aboverd�. t I Capacity(ies) Claimed by Signer(s) Signers Name r�'� ,�Z� �f� Signers Name 12 , Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner —❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General :1 Attorney in Fact ❑ Attorney in Fact _:1 Trustee __1 Trustee Guardian or Conservator 11 Guardian or Conservator :✓Other -,-n y � Top of thumb here !/"Other (� -�1+c_ Top of thumb here Signer Is Representing Signer Is Representing It ©1995 Na al Notary Assoc at on 8236 Remmet A e PO Box 7164 Ca oga Pa k CA 91309 7184 P od No 5907 Reorder Call Toll F ee 1 800 876 6827 EXHIBIT A All that certain real property in the City of Huntington Beach County of Orange State of California described as follows LOTS 19, 21 24, 27 AND 29 OF TRACT NO 14590 AS SHOWN ON A MAP RECORDED IN BOOK 765 AT PAGE 26 TO 29 , INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • �c Cc -! ccrcrc7XY 5 State of ( t 1 rele yl g County of 0Rl`�i�/ On before me 1 Date Name and T tle of Oft cer(e g Ja a Doe Notary Public) qI personally appeared AK AS II Name(s)of S gner(s) j 1 I 'S personally known to me-OR-❑ o be the person whose name I subscribed to the within Instrument and acknow ed me tha executed the e In Is authorize capacity(i and that by I it signature on the Instrument he pgr�so,* VALERIEVVU1At or the entity upon be if of which the personJ�'} acted Z� Cormilssionf 1108729 executed the Instrument /1 > emy Notary Rbic—Co➢fomfa orange County Comm Expires Aug 18 20M WIT S my hand and official seal S gnat e of Notary Publ 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 /� j✓/>L Title or Type of Document 1 i �PLz i411S I�C7 -�J�tn� Document Date 7 ID Number of Pages Signer(s) Other Than Named Above 6K OF JUT. 13CAl T - �F�1T 7p�r GL PI C���� try /tll7/t ((Ty Abrr Capacity(ies)yCllaiinmed by Signer(s) Signer s Name I 1 I��-K �� d-S Signers Name EC ❑ Individual ❑ Individual t Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner— ❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General �I ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservatorilejn ❑ Guardian or Conservator ' OtherPresldent yenta -- Top of thumb here El Other Top of thumb here Communities g �I Managing member of � Z ParUiers LLC Signer Is Representing Signer Is Representing I 0 1995 Nat o at Notary Assoc at on 8236 Pommel A e P 0 Bo 7184 Canoga Pa k CA 91309 7184 P od No 5907 Pee de Call Toll F ee 1 800 876 6827 ® * _ k ¥ *A"' - ¥ ° # , + f + N x .r- CT DATA SITE PLAN LEGEND / OIE 1 CANNE Y L 1 171S WIDE EASMENT LANDSCAPE AREAL GARFIELD AVE 29 SINGLE MILY HOMES 2 T V WIDE EASMENT LANDSCAPE AREA 0 MAIN ST "`LLLii3ii / CORNEA OF MAIN STJHUNTINGTON ST GARFIELD AVE 3 ID WIDE EASMENT LANDSCAPE AREA 0 HUNTINGTON ST HUNTINGTON BEACH CA 4 B WIDE SIDEWALK®MAIN ST LICA HUNTINGTON SIGNAL OIL CO 5 CWIDE SIDEWALK 0 GARFIELD AVEMUNTINGTON ST 16761GOTHARDST SUITE201 6 A WIDE SIDEWALK 0 PRIVATE STREET 71161 HUNTIN T N BEACH CA 92A#6 7 ITHIGH BLOCK WALL PLASTERED 0 PROJECT PERIMETER S S HIGH WROUGHT IRON FENCE 0 PROJECT RECREATION LOT / ARC ECT BEGOVICH HAUG ARCHITECTS 9 IS WIDE SECURITY WROUGHT IRON GATE 0 MAIN ENTRY 3671 LONG BEACH BLVD SUITE 201 10 IS WIDE SECURITY WROUGHT IRON EXIT ONLY GATE LONG Bl7CN CA SSW II WROUGHT IRON FIRE DEPT ONLY ACCESS GATE / \ 562966117# SRA6610A0C P 12 PROJECT RECREATION LOT ACCESS PATH P NlCI 20 PLANNIHOLLYNG AREACUFF SPECIFIC PLAN 13 STAMPPED CONCRETE DRIVEWAY PLANNINGUNIT II to TYPICAL HOUSE CONCRETE DRIVEWAY PLANNING UNIT I17 15 TYPICAL HOUSE CONCRETE WALKWAY LANDUSE MEDI11.FTA.ODENSITYRESIDENTIAL 16 TYPICAL HOUSE CONCRETE PATIO C�"1 co MON oI'ENs cPROUIRED 3m SO FTAOT 1031760 PT 17 TYPICALHOUSEYARD / PROPOSED ]SS SO FTAOT 0ODD O T IERIMITTERIOq IS TYPICAL GUEST PARKING SPACE 20(BO 60 FT BPEWMITER �� BULONG EGHT ALLOWED ASFT OR34TOFUES NDWATESU-WH IY00 E / -- PROPOSED 2970FTA-STOFUES N CA L Nn G N OU B ENCE N U R 429)24ARGARAGES DC ESC� S EB OC WA (10)GUEST SPACES ^ PROJECT AREA SUMMARY LOT# PLAN LOT AREA LOT COVERAGE / ♦© PLANA LOT I PLAN 2 3 552 60 FT 36- LOT 2 PUN I 4 051 60 FT 35 +/ OPOSED l0T3 PLAN 337560 FT AI PLAT W CV 0- C LOT A PUN 1 3 330 SO FT 43% f LOT 5 PLAN 2 3 774 60 FT 37- LOTS PLANT I01560 FT 38• L0T7 PUN2 516160 FT LOT PUN 2 3 634 27" PLANA S SO FT 39 •/ / LOT PUNT 333D 60 FT A3' 1 Rww LOT10 PLAN 3 330 60 FT /2' LOT 11 PUN 2 A]72 SO FT 32- wwly LOT 12 PLAN 39 SO FT 3 PTJrI i. LOT 13 PLAN 3976 7890 FT 35 LOT 11 PUN 2 3 70S SO FT 30' / i LOT IS PUN 1 333060 FT 43' �/ x LOT16 PUN2 33WSOFT 42% P1/AI LOT 17 PUN 1 3 4 O1 SO FT 42' LOT IS PLAN 31W SO FT AI LOT 19 PUN 1 333060 FT 13' LOT 20 PUN 2 3 330 SO FT 22• LOT 21 PUNI 34 0 160 FT IY LOT22 PLAN 34 0 I S0 FT AI PIA LOT 23 PUN 1 3 6®SO FT 39 / � LOT 24 PUN3 351060 FT 36% LOT 25 PLAN 3510SO FT 43% LOT 26 PUN 2 3330 So FT AY y ,A LOT 27 PUN3 3397 SO FT 37` / PLAN LOT 20 PLAN 4>JI 60 FT 33• ►LA LOT29 PLAN 3334 FT N / A ] LOT]0 REC LOT 10 J1760 FT NA PLAN 200DSQFT WaBDRMS/SSATHS•12 LOTS PLAN 21988 SO FT W3 BDRMS1260ATHS 014 LOTS PLAN316SSSO FT W2 BDRMS2&BAYHE 03 LOTS P AN f ILA PUN1 PLANA PUN! PLAN PLAN T�\ x i 1T D TE 67 2 /( SGIE ,D v x v v T CONCEPTUAL FENCE PLAN / t]► PUN! LA PLAN LANE PUM A02 LAN LANE LAN t� �msi i W W m i i W� i r a i WZ DE E OPER IT- HUNTINGTON SIGNAL OIL CO BCH E BEGOVICH+HAUG ARCHITECTS �'�-901 �M' UE r�ad/\(1OLV MOM ED VE s s y r e a J+ `"i SUMMARY OF AFFORDABLE HOUSING IN HOLLY SEACLIFF Total Market Affordable Project Name Units Rate Units Units Developer Approved Projects 1 Belmont 98 98 - PLC 2 Bluffs 85 85 - Polygon/Manning Homes 3 Cape Ann 146 - 146 John Laing Homes 4 Greystone Keys 150 127 23 Greystone Homes 5 Lyon Shores 90 90 - Wm Lyon Homes 6 Pacific Landing 29 24 5 Heritage Communities 7 Port Ivy 83 83 - Taylor Woodrow 8 Promenade 80 - 80 The Olson Co 9 Riviera 101 101 - Shea Homes 10 Sandpiper 81 81 - Rielly Homes 11 Sea Country 63 63 - SeaCountry Homes 12 St Augustine 71 71 - Christopher Homes 13 Turnberry 79 79 - Polygon 14 Westport 126 126 - Lennar Homes A r roved Total 3 1 282 1 028 26141 p� �e � s Future Projects 15 Cove 150 150 - PLC 16 Greenbriar 80 80 - PLC 17 Holmby Place 164 164 - PLC 18 Montecito 100 100 - PLC 19 Seacliff Village 165 85 25 Shea 20 Miscellaneous 40 - 40 PLC Proposed*Total �699 5�79 65 Aplly Seacliff-Total . 1,981" 1 6,O 4,319 AFFORDABLE REQUIREMENT OF 15% OF 1,981 TOTAL UNITS = 297 Community Development Dept 4/17/98 RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT SUBJECT Affordable Housing Covenant for Heritage Communities COUNCIL MEETING DATE May 4, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM • Council/Agency Meeting Held Deferred/Continued to ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerks Signature Council Meeting Date May 4 1998 Department ID Number CD 98-19 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator PREPARED BY MELANIE S FALLON Community Development Director Abl— SUBJECT AFFORDABLE HOUSING COVENANTS FOR HERITAGE COMMUNITIES PROJECT (TRACT NO 14590) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Transmitted for your consideration is an affordable housing covenant for the Heritage Communities project known as Pacific Landing (formerly Cannes Pointe) The covenant ensures that five of the 29 units in the project would be available to moderate income households for a 30 year period pursuant to the Holly Seacliff Affordable Housing Plan Staff recommends approval of the covenant because it is consistent with the master affordable housing covenants approved by the City Council and would fulfill a condition of approval for the project !Z r 0 Funding Source Not applicable ���Fr Recommended Action Monte, D n> 'o Motion to -° _ � D Approve and authorize execution of the affordable housing covenant for the Heritage Communities Project (Tract 14590) by the Mayor and City Clerk and direct the City Clerk to record with the Orange County Recorder Alternative Action The City Council may make the following alternative motion Continue the request for approval of the affordable housing covenant for Heritage Communities and direct staff accordingly - RRQUEST FOR COUNCIL ACTIN MEETING DATE May 4, 1998 DEPARTMENT ID NUMBER CD 98-19 Analysis A PROJECT PROPOSAL Applicant Heritage Communities 5620 E Santiago Canyon Rd Orange CA 92869 Location North of Garfield Ave between Main and Huntington Sts The Pacific Landing project (Tract 14590) is required to provide five of its 29 homes as affordable to moderate income households for a period of 30 years pursuant to the Holly Seacliff Affordable Housing Plan The applicant has identified the five lots for the affordable homes as presented in the legal description attached to the covenant B STAFF ANALYSIS AND RECOMMENDATION The Holly Seacliff Affordable Housing Plan requires that 15 percent of the homes built within the Holly Seacliff Specific Plan area be available to moderate income households (120 percent of Orange County median) for a period of 30 years The affordable homes must be for-sale and be located within Holly Seacliff The affordable housing covenant is in compliance with the requirements for the project and meets the objectives of the Holly Seacliff Specific Plan The covenant is based on the covenant template previously approved by the City Council and has been reviewed and approved by the City Attorney Staff recommends the City Council approve the affordable housing covenant for the project Environmental Status Holly Seacliff Development is covered by Final Environmental Impact Report No 89-1 which was certified by the City Council on January 8 1990 No additional environmental review is necessary Attachments) City Clerk's Page Number 1 Affordable Housing Covenant 2 Tract 14590 Site Plan 3 Summary of Affordable Housing in Holly Seacliff CD98 19 DOC 2 04122/98 8 27 AM XSI r t DECLARATION OF CONDITIONS. COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) RECORDING REQUESTED BY ) WHEN RECORDED MAIL TO ) CONNIE BROCKWAY CITY CLERK ) CITY OF HUNTINGTON BEACH ) P O BOX 190/2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) ) ) Above Space for Recorders Use THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (the "Declaration" is made by and between THREE CORNERS PARTNERS LLC a California limited liability company(the "Covenantor") and THE CITY OF HUNTINGTON BEACH, a California municipal corporation (the "City" or "Covenantee") as of the date set forth below RECITALS A Covenantor is the owner of certain real property in the City of Huntington Beach, County of Orange, State of California B Covenantor is required to subject five lots (individually referred to herein as "Lot )within the property("Property"), as described in Exhibit"A' attached hereto and incorporated herein by this reference, to the covenants, conditions and restrictions provided for in this Declaration NOW THEREFORE, the parties hereto agree and covenant as follows 1 Affordable Covenants Covenantor agrees for itself, and its successors and assigns, and every successor to Covenantor's interest in the Property or any part thereof that until the Expiration Date(as defined below) the Property shall be subject to the following 1 0 • (a) The Property shall only be owned and occupied by Covenantor or by other persons or families of"Moderate Income " "Moderate Income shall mean persons or families earning one hundred twenty percent (120%) or less of Orange County Median Income adjusted for appropriate family or household size Median Income shall mean the most current median income figures for Orange County California as published by the United States Department of Housing and Urban Development A family s or household's income level will only be measured at the time a Lot is conveyed (b) The Property shall be kept available at Affordable Housing Cost (as defined below) to the Covenantor or other persons or families of Moderate Income Affordable Housing Cost shall not be more that the greater of (i) that purchase price which would result in monthly housing payments which do not exceed an amount under any currently prevailing conventional home mortgage lending rates applied by any reputable institutional home mortgage lender, or the lending rates of any government subsidized or special mortgage program for which such person or family qualifies and has obtained a first true deed loan, which do not exceed thirty-five percent(35%) of one hundred twenty percent(120%) of the Median Income, or(n) the maximum purchase price of a person, family or household earning one hundred twenty percent (120%), as determined in accordance with the Affordable Housing Price/Income Guidelines or successor guidelines published by the City for such purposes from time to time (c) The covenant contained in this Section 1 shall run with the land and shall automatically terminate and be of no further force or effect upon the expiration date which is the date thirty (30) years from the date a certificate of occupancy is granted for the Lot by the City (' Expiration Date") 2 Transfer of Property No transfer of the Property shall occur until the City determines (a) that the proposed purchaser intends to occupy the property as the proposed purchaser's principal residence, (b) that the proposed purchaser is a person, family or household of Moderate Income, (c) that the proposed transfer occurs at an Affordable Housing Cost The City shall not be obligated to approve a transfer until and unless the proposed purchaser has submitted to the Department of Community Development of the City such information and completed such forms as the City shall request to certify that the proposed purchaser meets the criteria described in sections (a) and (b) of the prior sentence and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the proposed purchase price Prior to conveyance of the Property, each approved purchaser shall submit to the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser may only sell the unit at an Affordable Housing Cost to a Moderate Income person, family or household, that the maximum permitted sales price may be less than fair market value and that the unit must be owner-occupied at all times and cannot be rented or leased Covenantor shall cooperate with the City in providing such forms to proposed purchasers and in assisting proposed purchasers to prepare such forms and to provide any required information to the City in connection with the Covenantor's original sale of the Property, or any Lot, provided that the Covenantor shall be not obligated to incur any out-of-pocket costs in connection therewith other than employee time 2 0 0 dedicated to providing such assistance THE COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER TAKING INTO CONSIDERATION INTEREST RATES THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH HIS NOT ENCUMBERED BY THIS RESTRICTION COVENANTOR AND EACH SUCCESSOR HEIR OR ASSIGN OF COVENANTOR FURTHER ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE CITY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COSTS Covenantor Initials The covenant contained in tlus Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date 3 Non-Discrimination Covenants Covenantor covenants by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex,marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property,nor shall Covenantor itself or any person claimmg under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leases, subtenants, sublessees, or vendees in the Property Covenantor and its successors and assigns, shall refrain from restncting the rental or lease (if permitted by Covenantor) or sale of the Property on the basis of race, color, religion, sex, marital status, national, origin or ancestry of any person All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses (a) In deeds "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion sex, marital status,national origin or ancestry in 3 • 0 the sale lease sublease, transfer use, occupancy tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or pen-nit any such practice or practices of discrimination or segregation with reference to the selection, location number, use or occupancy of tenants, lessees subtenants, sublessee or vendees in the land herein conveyed The foregoing covenants shall run with the land (b) In leases "The lessee herein covenants by and for himself or herself his or her heirs executors, administrators and assigns, and all persons claiming under or through him or her and this lease is made and accepted upon and subject to the following conditions There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, mantal status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased " (c) In contracts "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, mantal status, ancestry or national origin, in the sale, lease, sublease,transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location number, use or occupancy of tenants, lessees, subtenants, sublessee or vendees of the premises " Nothing in this Section 3 shall be construed to authorize the rental or lease of the Property if such rental or lease is not otherwise permitted The covenants in this paragraph 3 shall run with the land in perpetuity 4 Covenants Do Not Impair Lien No violation or breach of the covenants, conditions, restrictions,provisions or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest 5 Covenants for Benefit of City All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and such covenants shall run in favor of the Covenantee for the entire period during which such covenants shall be in force and effect,without regard to whether the Covenantee is or remains an owner of any land or interest therein to which such covenants relate The Covenantee, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any action at law or suits in equity or other proper legal proceedings to enforce and to 4 • w cure such breach to w rich 11 or any other b=cficianes of these covenants may be entitled durntg the term specified for such covenants except the covenants against duscnminatron which may be enforced at law or in equ-ity at anv time in perpetuity IN WITNESS WHEREOF the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respective officers hereunto duly authonzed this day of 19_ COVENANTOR COVENANTEE THREE CORNERS PARTNERS LLC a THE CITY OF HUNUINGTON BEACH a California lurnttcd h liry company California municipal corporation By Mark Jacobs entage Communities Mayor Managing Member of Three Corners Partners LLC ATTEST Iu C�ur] Chauman of the Boar resrdead y Vice President City Clerk AND APPROVED AS TO FORM c By City Anorney Mark Jacobs of H ge Communities A .2/sF 1--� Managing Member of Three Comers REVIEWED AND APPROVED Partners LLC Its Circle OdcSc y AsSlSixnt —6zl' Secretary/Chief Fuiancial Officer/Any Assls=t City A&Lmstrator Treasu= INITIATED AND APPROVED Director of Comm ry Development C 0%",,BCn1259 2a 03 S A 4 ' t� ,- z ,�, +fit 'A .M i; �A � ��o 'o Et, �1-�1- 9 Y A s �*� � EXHIBIT A All that certain real property in the City of Huntington Beach County of Orange State of California described as follows LOTS 19 21 24, 27 AND 29 OF TRACT NO 14590, AS SHOWN ON A MAP RECORDED IN BOOK , AT PAGE TO , INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER 'ORNIA ALL-PURPOSE ACKNALEDGMENT c� �I /� �I State of (_I¢Lf rorle"✓/d ' County of GROG L On before me Date Name and Tile of Off cer(e g Jane Doe Notary Pubic) �j� personally appeared /m�K Name(s)of S gner(s) �I personally known to me—OR—❑ o be the personr II whose name I 4Fe subscribed to the within Instrument and acknow edged to me that�t5�fe executed the e In is �uthorize`d-c�apaclty(I and that by I Ir signatureon the Instrument he p rso vALE�WILI AMs or the entity upon behalf of which the person�act6d Z� commission#1108729 executed the instrument m Notary Ribic—Colifomia Ora County My Comm ExIres Aug 18 2000 WIT S my hand and official seal I S gnatu e of Notary P bl 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 5 Description of Attached Document Title or Type of Document P}�l fiuS Document Date 7 Number of Pages Signer(s) Other Than Named Above c-at PSI' &-n I — AWOR.wy Capacity(ies) Claimed by Signer(s) rn�N' D �� Signers Name I► 1 f}'�K ., 45 Signer s Name 1 ❑ 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 �I 7 OtherPrs,dent Herrtag�— Top of thumb here ❑ Other Top of thumb here \` Communities Managing Member of FarUiers LLCrs ` Signer Is Representing Signer Is Representing jk,c! II I at Notary Assoc at on 8236 Remmet A e P 0 Bo 7184 Canoga Pa k CA 91309 7184 P od No 5907 Reo de Call Toll Free 1 800 876 6827 \ ! \+ a !, \ � , » � \ % , * \ { ` � � ± � � # a\ / � ! : 41« { � q ` lam � +y + AHI.W LCI 9900VICH HAUG ARCHITECT{ 9 16 WIDE SECURITY WROUGHT IRONOATE•MAIN ENTRY 2821 LONG SSACM BLV0.SUITE 301 10 IS WIDE SECURITY WROUGHT IRON'E%rf ONLY'GATE / I LONG SlA CA60f07Q. 11 WROUGHT RON FIRE DEPT ONLY ACCESS GATE M2�86117/ 1OF C 12 PROJECT RECREATION LOT ACCESS PATH rnOfECT IOMF NOILYa[ACU►I{►lGRC PLAN 13 97A MPPEOCONCRETEDRIVEWAY PLANNING UNIT At{ 14. TYPICAL HOUSE CONCRETE DRIVEWAY LANDUSG UNIT {7 IS TYPICAL HOUSE CONCRETE WALKWAY ,w IEWAID-M1.01UY+SOM DENSITY RESIDENTIAL If TYPICAL HOUSE CONCRETE PATIO / l/"l Cp11gN OPEN BP COILOPOS USSQFTAGT 10.11DSQFT 17 TYPICALHOU9E YARD PROPOf[D•fOf SO.FTAOT 10,317SQFT 0INILNOR 18 TYPICALGUEST PARKING SPACE 200f0 SaFT•PEwWTEA / �� BU DING N6 EIGHT ALLOW 4{FT OR 741TOw[{ DK:ATESfaro H WOUDf EMCE au PROPOSED 2{.7{ITA41TOw!{ NOIGTCS 4HIOH KNOW IIOONI[CE TIOSUM R (20)24ARGARAGE{ GIG 1E aH BLUM SIONEBLOC N (10)GUEST SPACES ^ PROJECT AREA SUMMARY LOT/ PLAN I LOT AREA LOT COVERAGE / ♦© PIAM 1 LOT 1 PLAN 2 3 662 60 FT 36% / LOT PLAN1 40f160 FT 36% + CUL D-SAC LOT 3 PLAN 2 ]091 SOFT 41% CUl P611C LOT 6 PUN T 3 T74 60 FT 37% / Pw l 1078 PUN2 J77460 FT J7% LOT PLANT 401580FT 38% wAi ♦, LOT 7 PUN 2 6181 60 FT ?✓x LOT. PLAN 3634 SO FT 39% f ♦ .or..i. LOTS PUN1 337060 FT 43% LOT 10 PLAN 3370 BO FT 42% / It ; r LOT 11 PLAN 43232 SO Fr 32' 1 LOT 12 PLAN 1 39]460 FT 77• PLOWI �-� LOT 13 PLAN 2 3 97f SO FT 354 LOT 14 PUN 2 3 708 BO FT 38% LOT 16 PUNT ]51080 FT 474 ♦/ LOT If PUN2 3 330 90 FT 42% / PLOP, LOT 11 PLAN 3404 SO FT 4Y ♦ a "�"'O"' LOT If PUN2 34D4 SO FT 41% ~ r LOT III PUN 1 3330 SO FT 43` LOT 20 PLAN 2 3 33D 80 FT 42% LOT 21 PUNT 3404 S0 FT 42' / ,'� I♦ LOT 22 PLAN 2 3 404 50 FT 41U % PLAINPLAINLOT 23 PLAN 1 3 f®60 FT 39 U PLAN 7 LOT 24 PN] 3,5106OFT 3f% ! LOT 25 PUN 1 3 330 90 FT 43% LOT 26 PUN 2 3330 SO FT 42% ti LOT 27 PLAN 3 ]391 SO FT 37% / 1n PLAN I U a LOT 26 PLAN 1 4331 60 FT 33' % a PLAN 1 LOT 29 PLAN 3 334 80 FT 35% LOT 30 REC LOT 10317 SO FT N A PLAN 200060 FT W0:DRM6ASATH8.12 LOTS U PN 2I SIM SO FT Wa ORMSQSSATHS:14L076 PUN]1f49SOFT W/t BDRM51l SBATN64/31OT8 �I R EYYYY / Wli PUN PLAN PUNT PU i /LAN PLAN 3 F----r I Fm.' elr.l a Cl9 SAIL 4.7 A Q-2 ILS >�--L7 9ULE �0 CONCEPTUAL FENCE PLAN � L PU 1 PLAN I IU 7 PW4I UN i ►L" UN i IA11 PLAN i TUN sa i a a a .'Oa T as E E OPER HUNTINGTON SIGNAL OIL CO a IT RC ECT LBEGOVICH+HHAUG ARCHITECTS � C�If'—II-4L—=r�1 V U V LJ U l.J O LJ V LJ lJ _� �_ G 11 ED E t "x w, i ��, � � SUMMARY OF AFFORDABLE HOUSING IN HOLLY SEACLIFF Total Market Affordable 3roject Name Units Rate Units Units Developer %pproved Projects 3elmont 98 98 - PLC 3luffs 85 85 - Polygon/Manning Homes ;ape Ann 146 - 146 John Laing Homes 3reystone Keys 150 127 23 Greystone Homes you Shores 90 90 - Wm Lyon Homes 3acific Landing 29 24 5 Heritage Communities Sort Ivy 83 83 - Taylor Woodrow 3romenade 80 - 80 The Olson Co Riviera 101 101 - Shea Homes 3andplper 81 81 - Rielly Homes Sea Country 63 63 - SeaCountry Homes 3t Augustine 71 71 - Christopher Homes i urnberry 79 79 - Polygon Nestport 126 126 - Lennar Homes a oved Total 1;282 1;028 254 PP .. suture Projects I ove 150 150 - PLC -3reenbriar 80 80 - PLC 1olmby Place 164 164 - PLC Aontecito 100 100 - PLC 3eacliff Village 165 85 25 Shea Ascellaneous 40 - 40 PLC Dr sed,iTotal _ 699 579 �65 iollySeacliff Totai 1 981 � 1 607 AFFORDABLE REQUIREMENT )F 15% OF 1,981 TOTAL UNITS = 297 rmunity Development Dept 4/17/98 RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT SUBJECT Affordable Housing Covenant for Heritage Communities COUNCIL MEETING DATE May 4, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed In full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)-.0elow Space For City Clerk's Use i • •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 13 1998 First American Title Insurance Company 114 E 5th Street Santa Ana California 92702 Attention Ronald J Gomez Regarding Final Tract Map No 14590 - Order No 9738778 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 6-,, 4,,L,,LT Connie Brockway CIVIC City Clerk CB jc Enclosure Received by Dated O 3- ) 3 �I 17relephone 714 536 5227) AUTHORIZATION OF MAP RELEASE TO TITLE CO TO Janelle Case Deputy City Clerk FROM Bruce Crosby Civil Engineer Assistant DATE March 10, 1998 TRACT NO 14590 TITLE CO First American Title Insurance Co , 114 E 5th St , Santa Ana, Ca 92702 PHONE NO (714) 558-3211 TITLE OFFICER Ronald J Gomez ORDER NO 9738778 I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with Bruce P Cr&Gy 30709 NOTICE Of -'OMPLIANCE WITH I -)NDITIONS 9 ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO 14 549 D PARCEL MAP NO NJ-" PARK AND RECREATION FEES P 4ID BYES $ O �O D 1T O OTHER I.,J '' •Z.w�.+ for t Howard Zelefsky Planrung Director (4 If Council/Agency Meeting Held 2=67/9k Deferred/Continued to UrApproved ❑ Conditionally Approved ❑ Denied 4 City Clerk s98ignature --n Council Meeting Date February 17 1998 Department ID Number CD 98-3 CITY OF HUNTINGTON BEACH s REQUEST FOR COUNCIL ACTIONco X SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS w u ;m W �t ,r < 1 SUBMITTED BY RAY SILVER Acting CityAdminlstratorex--l" Q �� PREPARED BY MELANIE S FALLON Community Development Director SUBJECT FINAL TRACT MAP NO 14590 OF TENTATIVE TRACT MAP NO 14590, WITH BONDS AND AGREEMENTS (CANNES POINTE) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 14590 located in the triangular area bounded by Main Street Huntington Street and Garfield Avenue is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map No 14590 and accept the offer of dedication, improvements and bonds pursuant to findings and requirements (Attachment No 1) and 2 Approve Subdivision Agreement between the City and Three Corners Partners LLC and authorize execution by the Mayor and City Clerk Alternative Actions) The City Council may make the following motion "Deny Final Tract Map No 14590 and reject the offer of dedication improvements and bonds " 19EQUEST FOR COUNCIL ACION MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-3 Analysis A PROJECT PROPOSAL SUBDIVIDER Three Corners Partners LLC 5620 East Santiago Canyon Road Orange CA 92869 ENGINEER Gilbert Engineering 4552 Lincoln Avenue Suite 206 Cypress, CA 90630 LOCATION Triangular area bounded by Main Street Huntington Street and Garfield Avenue ZONE HSSP-RMH (Holly Seacliff Specific Plan-Medium High Density Residential) GENERAL PLAN RMH-25 0-sp (Residential Medium High Density-Specific Plan Overlay) NO OF ACRES 3 73 acres NO OF NUMBERED LOTS 29 NO OF LETTERED LOTS 5 NO OF UNITS 29 units DISCUSSION On August 12 1997 the Planning Commission approved Tentative Map No 14590 for a 29-unit detached single family dwelling subdivision Final Tract Map No 14590 represents the only phase of the project On September 15 1997 the City Council upheld the Planning Commissions approval of the project The subdivider has satisfied the Park and Recreation requirement through the use of land dedication credits for 0 50 acre in the future Harnett M Wieder Regional Park The subdivider will satisfy the affordable housing requirement by providing five off-site units (15 percent of the number of units approved) within the Holly Seacliff Specific Plan area The affordable units must be under construction or available to the public prior to final building permit approval of the first home in the subdivision An affordable housing agreement plan is required to be submitted to the City for approval prior to recordation of the final map ED98 3 DOC 2 02/04/98 3 05 PM tEQUEST FOR COUNCIL ACRON MEETING DATE February 17, 1998 DEPARTMENT ID NUMBER CD 98-3 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 City Council Environmental Status This action to accept Final Tract Map No 14590 is exempt from the requirements of the California Environmental Quality Act Section 15628(b) Environmental Impact Report No 89-1 was approved by the City Council in 1990 Attachments) City Clerk's 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 14590 with site plan 4 Tentative Tract Map No 14590 Findings and Conditions of Approval 5 Subdivision Agreement 6 Londs (Monument Labor and Materials Faithful Performance) FtQ, w -KR— OR--Lk, of C,--�j U FuL --fV6t,1r- I4-e u,cw CD98 3 DOC 3 02/04/98 3 05 PM (9) • 02/17/98 - Counc,41 gency Agenda - Page 9 E-6 (City Council) Approve Funds To Friends Of Harbors, Beaches & Parks In Orange County Inc To Support Planning Of Proposed Orange Coast River Park - (320 45) Approve an amendment to the current year budget by appropriating $5 000 for financial assistance to Friends of Harbors Beaches and Parks In Orange County Inc in planning the proposed Orange Coast River Park along the Santa Ana River extending up the coast along Pacific Coast Highway to Beach Boulevard Submitted by the Community Services Director and the Community Development Director LAj0PrpV 7-0—AS AMENDED TO INCLUDE A BEAiMFICATION PLAN] E-7 (City Council Redevelopment Agency) Authorize Sale And Transfer Of Ownership - Ocean View Estates - 7051 Ellis Avenue - Mobilehome Unit No 40 And Approve Agreement Between The City And Csikos For Occupancy Of Space In Ocean View Estates Mobilehome Park - Redevelopment Agency Action (600 10) 1 Approve and authorize the sale of Ocean View Estates Space No 40 by the estate of Patricia Falkenstein to Mr and Mrs Eugene Csikos for $15 000 and 2 Authorize the Executive Director to execute documents necessary to deliver $44 545 11 to the purchase escrow as the Agency s gap payment and City Council Action Approve and authorize the Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach and Paul and Eugenia Csikos for Occupancy of Space rn Ocean View Estates Mobilehome Park upon acceptance and execution by the prospective purchaser Mr and Mrs Eugene Csikos Submitted by the Economic Development Director and the Deputy City Administrator Administrative Services Director [Approved 7-0] E-8 (City Council) Approve Final Tract Map No 14590 Of Tentative Tract Map No 14590 With Bonds And Agreements Cannes Pointe -Three Corners Partners. LLC -Triangular Area Bounded By Main/Huntington/Garfield - (420 60) 1 Approve Final Tract Map No 14590 and accept the offer of dedication improvements and bonds (Developers Insurance Company) pursuant to findings and requirements as set forth on Attachment No 1 to the Request for Council Action dated February 17 1998 and 2 Approve the Subdivision Agreement between the City and Three Corners Partners LLC and authorize execution by the Mayor and City Clerk Submitted by the Community Development Director [Approved 7-0] E-9 (City Council) Approve Professional Services Contract For Interim City Traffic Engineer - Charles Abbott Associates, Inc - (600 10) Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington Beach and Charles Abbott Associates Inc for the Intenm City Traffic Engineer Services Submitted by the Public Works Director [Approved 7-0] (9) 0 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM DATE CJI Y TO T,SF e0ANe9k5 1Rkl-NckS, LLCI ATTENTION /V",e Dame _ 0�9 EfYST Ji9iVTIfICO C1f1VYd/✓ RDI9D DEPARTMENT �iPL=13����✓� Street 0/67MUG, �,uFo�t/�ft �a�� % REGARDING TWe7 City State Zip ' See Attached Action Agenda Item — Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records Connie Brockway City Clerk Attachments Action Agenda Page—1Z Agreement Bonds ✓ Insurance z RCA Deed Other Remarks cc ��//D,�y C.D/I'I �.EV � ,/ Name Department RCA Agreement Insurance Other Tame D artment R Agreement insurance Other eat'D l s n�5 rue Mmlrs V/ Dame Department Agreement Insurance Other Risk Management Department Insurance Copy RC G Follo«vp/agrmts/transltr (Telephone 714 536 5227) k�ƒ \ ��� f\ ��� ��{ ,�% A �� � � � � , �� ���� k . � � $i� � � 7 �k � ��� / �� p � ' � r �� § ` � ��t , ��� �}m»i k ���� ^ A�� `� � � $ � �/�� �% ���� �, ���!, #���� � ���� ���� �/��� � (� �4����� ® � r �!�� �a?.��) ;_&a � ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map No 14590 is in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 14590 conditions of approval as approved by the Planning Commission, and upheld by the City Council 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 443969S as presented in Attachment No 6 b Labor and Material Bond No 443969S as presented in Attachment No 6 c Monument Bond No 443970S as presented in Attachment No 6 3 Instruct the City Clerk not to 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 ����x��Y����"�f �{�iy1Y�h{Vr���t �'+4�t1� ��'��1 �r� y�2�eiL1�i of 3 r 1` � .�'�� �; ��� ��� � n � � � 6 ,� � {�' �� ��� ��,�� � ��� � ��� � �,�,s,,� �r '�� �� fi, ������'�� � �� 1 �j �# ri aR b� � d +h � 'w� ���� �� r� € • � c� �, ,�� 1 ��� � ��� �� ����A���� � s�'°x`i� r� ` 4 4�+ar��' ��u E������$µ'7�� '� ���� ` � a 9 0 ' 1 9 gug 1 m MC FADI EN .] EDINGER - '1 J HEIi. ♦ WARNFA ♦ — 1 ♦ SLATER `��� ♦ F•,aFm PROJECT /"DRr'D"" /ADA41S RMLANAPOW �� r /AFurrrw 1 / Fv-m.T N 3 CR 1 BANNAIG ItT �I / s o _ 3 • JI VICINITY MAP Tent ativa Tract Map No 140-90 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION �461 Ip { r� O- �,it '� fi w1 1 6 t R fr r � f R� a� 4 �i r.r6.rr� S {r rr— I K -Zi TYPICAL[TRr2T f[CTIOPo;OR OARMLD AVMq LOT A (PRIVATr rrWLLT) T711CA1 tTR[IT[ICTION FOR 19AN STRUT / . ....w r � In n.wn.ea 1 r I:UKKTI 1•�� r .�w W,� ^-,�,,, TYIIC AI`[TRILT[[CTN)N FOR IRAITN'OTOPE lTRZ[ r o It O L. ,"la L1... .... e. I J� �, .' •~ ' I h� / ail //r •' " — r , l i" / i" .. • �1° ' I'i_7` � � I ggqlyyy�����'J I r/ ,�/r' r • 'tea g I J .yl� O — r w y.. -.n .. / / I j \ �� — Iwu `I' ,S I -.- W -� M[YV MMAW • / � ' • � • r � �1 �r e • : `I�r• J' 1 f I I urrrnw�wNt���a to��xr • S A ! w I I i �. ��w~ I _ L \~ —t�� �I •-� �,� fLj- T E N T A T I V E Troct Mop No 145g0 IN M'CITY Or 1W "TON DeAG MAP vn Q COUrt C. 7 O^CX~E S ATL a' ALIrOVNvA w„ .-.... =-��J-�c-_ �� w — — _ ►O�1'a00 VIS ON RRP05t3 I \ I \\ I ` I \\ I \ I \ I \\ I ` I ^ \ I ` \ h � IM Ei I L------------� L 3RlT1N6TOH5iRqT---------L9--- r a A Talc C � � � � C � � h iii 5555Y55555b555555555555§555555I9 aaaee�so o e e ae ee�e e e vY2 9 ■a E C�dr all. is y tit 5 ■ w w w w w ■ ■ ■ w j�c 9 etpg9 i f s a • ■■ ■s a e■■ 0 0 � # � , � & / �a}- � a $ \VI �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 19 1997 59 E C E I V Huntington Signal Oil Company c/o Richard Kelter S EP 2 21997 18281 Gothard Street Suite 201 Huntington Beach California 92648 DEPARTM9:x 7 >_ COMMUNITY DEbC��� ,_ T Dear Mr Kelter The City Council of the City of Huntington Beach at its regular meeting held Monday September 15 1997 denied the appeal filed by Mayor Ralph Bauer of the Planning Commission approval of Tentative Tract No 14590 Conditional Use Permit No 96-35 and Variance No 97-13 Cannes Point 29 Unit Subdivision with Findings and Conditions of Approval If you have any questions regarding this matter please contact our office at (714) 536-5227 Sincerely Connie Brockway CMC City Clerk Enclosure Findings and Conditions of Approval cc City Administrator City Attorney Community Development Director Scott Hess Senior Planner ayne Carvalho Assistant Planner g Vollowup\letters\091897 (Telephone 714 536 5227) • • FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 14590/ CONDITIONAL USE PERMIT NO 96-35/ VARIANCE NO 97 13 FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 14590 1 Tentative Tract Map No 14590 for a 29 unit single family residential subdivision is consistent with the General Plan Land Use Element designation of Medium High Density Residential on the subject property the Holly Seacliff Specific Plan or other applicable provisions of this Code except for the variances noted herein The proposed tract map for a single family detached project is a permitted use in the Medium High Density district 2 The site is physically suitable for the type and density of development The property was previously studied for a greater intensity of land use (25 units per acre) at the time that the General Plan designation and the Holly Seacliff Specific Plan zoning were adopted for the property The size depth frontage street width and other design features of the proposed subdivision area in compliance with the Specific Plan with the exception of the variances approved as part of the project 3 The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The project site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures There are no environmental impediments to the project 4 The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision unless alternative easements for access or for use will be provided The proposed cul-de sac will improve access in and around the Main Street/Promenade Parkway intersection and will allow the City to maintain all utility easements within the vacated portion of the street right-of way Public pedestrian access will be maintained between Huntington Street and Main Street FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96 35 1 Conditional Use Permit No 96 35 for the establishment maintenance and operation of a 29 unit single family residential tract a security gate system and wrought iron fencing within the front setback of the common open space area will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The design of the proposed subdivision properly adapts the proposed structures to streets driveways and other adjacent structures and uses in a harmonious manner The proposed wrought iron fences securing the common open space area will allow visibility down the cul de sac into the green space 2 Conditional Use Permit No 96 35 will be compatible with surrounding uses The proposed subdivision is surrounded on all three sides by streets and will not be directly adjacent to another development The majority of the adjacent uses are multifamily residences except for the City s Water Yard located south of the project site Compliance with the mitigation measures of Environmental Impact Report No 89 1 and code provisions ensure that the project will be compatible with other area developments 3 The proposed 29 unit residential tract will comply with the provisions of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20 25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located except for the variances requested for encroachment into the landscape easement and reduced garage front setback The proposed units meet all code provisions including lot size frontage density building height setbacks and parking with the exception for the front setback and open parking for Lot 29 The proposed fence heights are permitted with a conditional use permit 4 The granting of Conditional Use Permit No 96 35 will not adversely affect the General Plan The proposed subdivision is consistent with the Land Use Element designation of Residential Medium High Density on the subject property In addition it is consistent with the following goals and policies of the General Plan LU 9 1 2 Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines a Modulate and articulate building elevation facades and masses (avoiding undifferentiated box like structures d Encourage innovative and creative design concepts LU 9 3 2 Require that the design of new residential subdivisions consider the following b Integrate public squares mini parks or other landscaped elements g Orient housing units to neighborhood and collector streets i 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 FINDINGS FOR APPROVAL - VARIANCE NO 97 13 1 The granting of Variance No 97-13 to encroach up to two feet into the 15 foot wide landscape easement that bounds the entire subdivision and to allow a six foot front garage setback in lieu of minimum 18 feet and one open parking space in lieu of two open spaces on Lot 29 will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification The tract will be provided with adequate on-street parking The encroachment into the landscape easement will allow for architectural relief in the perimeter building wall 2 Because of special circumstances applicable to the subject property including size shape location or surroundings the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under • • identical zone classification The subject site is triangular in shape restricting the overall design of the tract The applicant is also responsible to dedicate and improve all three streets that surround the subject property including the 13 to 15 foot wide landscape easement located outside of the tract s perimeter wall Lot 29 is an odd shaped lot which consists of the minimum lot area and frontage required under the present zoning 3 The granting of Variance No 97 13 is necessary to preserve the enjoyment of one or more substantial property rights The variance for the encroachment into the landscape easement will provide variation in the long perimeter wall while providing 15 foot rear setbacks on the residential lots In addition the unique shape of Lot 29 will allow a residence to be built with a reduced garage setback and open space parking requirement similar to other units in the tract 4 The granting of Variance No 97-13 will not be materially detrimental to the public welfare or injurious to property in the same zone classification The reduced front garage setback and reduced landscape easement width will not adversely impact other properties in the area 5 The granting of Variance No 97-13 will not adversely affect the General Plan The fencing encroachment and reduced front garage setback are consistent with the Land Use Element designation of Residential Medium High Density on the subject property by providing articulation in the tract perimeter fencing and intensified landscaping within the Main Street corridor CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO 14590 1 The tentative tract map received and dated May 27 1997 shall be the approved layout with the following modification a The side property line between Lots 7 & 8 shall be modified to depict a ten (10) foot setback between the property line and driveway on Lot 7 2 The following conditions are required to be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act (PW) a All vehicular access rights to Main Street Huntington Street and Garfield Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission (PW) 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 (PW) c 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 (PW) • • d Hydrology and hydraulic studies shall be submitted for Public Works review and approval The developer shall design and construct the drainage system to serve the development (PW) e A sewer study shall be submitted for Public Works approval The developer shall design and construct the sewer system required to serve the development (PW) f On site drainage shall not be directed to adjacent properties but shall be handled by a Public Works approved method (PW) g The entire water system located on site may be public if designed and installed per the City of Huntington Beach Water Divisions Standard Plans Specifications and Design Criteria Inspection of the private water system shall be performed by the City of Huntington Beach Department of Public Works Water Division Inspectors (PW) h The developer shall construct a new 12 inch water main in Huntington Street from Main Street to Garfield Avenue The water line will be on the west side of Huntington Street south of the cul de-sac and on the east side of the present centerline north of the cul- de-sac The cost of the water main shall be shared as follows the City shall be responsible for the incremental cost of constructing a 12 inch line as opposed to constructing an eight (8) inch line the cost of constructing an eight (8) inch line shall be split evenly between the developer and the City (PW) i If the water demands (domestic and fire) for the proposed development cannot be met by the existing public infrastructure it shall be the developers responsibility to upgrade the public infrastructure to support this development This may include re-configuring the valving at the Huntington/Garfield/Main intersections (PW) j All existing overhead utilities less than 66 KV shall be undergrounded unless satisfied by other developer per Development Agreement No 90-1 (PW) k No combustible construction shall occur without the approved water system installed (PW) I The following shall be dedicated to the City of Huntington Beach 1 Garfield Avenue Main Street and Huntington Street for street purposes 2 An easement over the private streets within said tract for Police Fire and Public Works access purposes m A cul de sac shall be constructed on Huntington Street at Main Street as depicted on the tentative map per Public Works Standards All access from Huntington Street shall be taken from Garfield Avenue (PW) n The developer shall be responsible for the removal of improvements and installation of landscaping (full width) within Huntington Street north of the cul de sac per Public Works requirements A Landscape and Irrigation Plan for Huntington Street shall be submitted to the Department of Public Works for review and approval by the Park Tree and Landscape Division (PW) o The portion of Huntington Street north of the cul de sac located within the tract boundary shall be vacated on the Tract Map as approved by the City Council Easements shall be retained for any existing public sewer and water lines (PW) p The proposed 4 foot sidewalk on the private streets shall meet ADA requirements (42 clear width) (PW) q Traffic signal equipment shall be relocated as required unless satisfied by other developer per Development Agreement No 90 1 (PW) r Street lights shall be installed as required per Public Works Standard Plan No 411 unless satisfied by other developer per Development Agreement No 90-1 (PW) s All existing trees shall be inspected tested and inventoried by a Consulting Arbonst The Arbonst shall quantify the trees provide a report on the health of each their size and species If any trees are proposed to be saved the Arbonst shall determine if it is possible and make recommendations for the trees (PW) t All mature and healthy trees removed shall be replaced one for one with new 36 box trees or the Palm equivalent (PW) u A Landscape License Agreement shall be provided and approved The License Agreement shall be for maintenance of the areas within the public right-of way by the Homeowners Association (PW) v The developer shall be responsible for the construction of the street improvements (One-half of Main Street including the landscape medians Garfield Avenue and Huntington Street) unless satisfied by other developer per Development Agreement No 90-1 (PW) w An Affordable Housing Agreement Plan shall be submitted for review and approval by the Community Development Department The plan shall provide for minimum 15 percent of the housing units approved to be affordable to families earning less than 120% of Orange County median as required by the Holly-Seacliff Specific Plan Said plan shall be executed prior to issuance of the first building permit for the tract The affordable units shall be under construction or available to the public prior to final building permit approval (occupancy) of the first home x All commonly maintained and perimeter landscape areas shall be improved pursuant to an approved landscape plan 3 Prior to submittal of the final map for approval by the City Council the following shall be required a At least 60 days before City Council action on the final map CCBR s shall be submitted to the Department of Community Development and approved by the City Attorney The CC&R s shall reflect the common driveway access easements and maintenance of all i walls and common landscape areas by the Homeowner s Association The CC&R s must be in recordable form prior to recordation of the map CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO 96 35/ VARIANCE NO 97 13 1 The site plan received and dated June 5 1997 and the floor plans and elevations received and dated May 28 1996 shall be the conceptually approved layout with the following modification a The side property line between Lots 7 & 8 shall be modified to depict a ten (10) foot setback between the property line and driveway on Lot 7 b The elevations fronting all streets or common areas shall be enhanced as recommended by the Design Review Board c Depict all utility apparatus such as but not limited to back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public right-of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) 2 Fencing plans dated and received June 27 1997 shall be the conceptually approved layout with the following modifications a The wood fences proposed between lots within the tract shall be changed to be constructed of masonry material compatible with the perimeter tract fencing b The emergency access on Main Street shall be constructed of turf block as approved by the Fire Department The fencing system shall be located at the same setback as the perimeter fencing c The walls along the street side property line of Lots 8 & 27 shall be setback five feet from the side property line The five foot wide area shall be fully landscaped and maintained by the Homeowners Association d The fencing along north property line of Lot 29 outside the main entry gate shall be setback in line with the side yard fencing inside the entry gate as depicted on the approved plan e The ten (10) foot corner cut-off between Lots 7 & 8 shall be provided for visibility purposes 3 All applicable mitigation measures in Environmental Impact Report No 89-1 shall be adhered to 4 Prior to submittal for building permits the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all working drawings sets used for issuance of building permits (architectural structural electrical mechanical and plumbing) Model numbers lot numbers and street names shall be depicted on the site plan b Three new fire hydrants shall be installed at locations approved by the Fire Department Shop drawings for the new fire hydrants shall be submitted to the Public Works Department and approved by the Fire Department prior to installation (FD) c Submit three (3) copies of the site plan to the Planning Division for addressing purposes Street address numbers shall be installed to comply with City Specification No 428 (FD) d Fire lanes shall be designated and posted to comply with City Specification No 415 (FD) e Security gates shall be designed to comply with City Specification No 403 (FD) f Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification No 401 (FD) g Street names shall comply with City Specification No 409 and be submitted to the Fire Department for review and approval (FD) h The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No 422 and No 431 for the abandonment of oil wells and site restoration (FD) i The project shall comply with all provisions of the Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay districts (FD) j 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 (BLDG) k 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 (BLDG) I Residential type structures on the subject property whether attached or detached shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 65 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis report and plans prepared under the supervision of a person experienced in the field of acoustical engineering with the application for building permit(s) Units shall also comply with the State of California Noise Insulation Standards (Code Requirement) m A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application This analysis shall include on site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading foundations retaining walls streets utilities and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) n An engineering geologist shall be engaged to submit a report 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 (Code Requirement) o A separate fencing plan shall be submitted for review and approval by the Department of Community Development The fencing plan shall include a site plan with linear dimensions of all walls to be constructed and setback dimensions from property lines p If outdoor lighting is included high pressure sodium vapor lamps or similar 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 5 Prior to issuance of grading permits the following shall be completed a A grading plan prepared by a Registered Civil Engineer shall be submitted and approved by the Department of Public Works (PW) b 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 regarding grading chemical and fill properties foundations retaining walls streets and utilities (PW) c The developer shall 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 Department of Public Works (PW) d Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot unless approved by the City Engineer (PW) 6 Prior to issuance of building permits the following shall be completed a Final Tract Map No 14590 shall be accepted by the City Council recorded with the Orange County Recorder A reproducible mylar copy of the recorded final map along with a digital graphics file of the recorded map shall be submitted to the Department of Public Works (PW) 0 b A street improvement plan for Main Street Garfield Avenue and Huntington Street shall be prepared by a Registered Civil Engineer and submitted to the Department of Public Works for review and approval (PW) c A Landscape Construction Set shall be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development The Landscape Construction Set shall include a landscape plan prepared by a State Licensed Landscape Architect which identifies the location type size and quantity of all existing plant materials to remain existing plant materials to be removed and proposed plant materials an irrigation plan a grading plan an approved site plan and a copy of the entitlement conditions of approval All mature and healthy trees removed shall be replaced one for one with new 36 box trees or the Palm equivalent (PW) d Three (3) fire hydrants shall be required and installed prior to combustible construction (FD) e All roadways shall be completed to the base course of asphalt prior to combustible construction (FD) f The applicant shall submit a site plan depicting the Model homes/sales office and parking lot locations to the Department of Community Development for review and approval g An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location The applicant shall obtain any necessary encroachment permits from the Department of Public Works h Submit gated entryway (access control devices) plans to the Community Development Department The gated entryway shall comply with Fire Department Standard No 403 Final design and location of gates and call boxes shall be reviewed and approved by the Community Development Fire and Public Works Departments i The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities Appropriate mitigation may include but not be limited to use of existing facilities or surplus sites expansion of capacity at existing sites construction of new facilities payment of fees and reduction of densities The Community Development Department shall be provided with a copy of an agreement prior to issuance of building permits 7 During construction the following shall be adhered to 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 b Wet down areas in the late morning and after work is completed 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) 1 e Discontinue construction during second stage smog alerts 8 Prior to final building permit inspection approval for any single family residential unit the following shall be completed a All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein b 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 c Final Tract Map No 14590 shall be accepted by the City Council It shall be recorded with the County Recorders Office and a copy submitted to the Planning Division prior to final inspection of first unit d The Community Development Director ensures that all conditions of approval herein are complied with The Community Development Director shall be notified in writing if any changes to the site plan elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commissions action and the conditions herein If the proposed changes are of a substantial nature an amendment to the original entitlement reviewed by the City Council may be required pursuant to the HBZSO INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 The development shall comply with all applicable provisions of the Ordinance Code Building Division and Fire Department except as noted herein and shall meet all applicable local State and Federal Fire Codes Ordinances and standards 2 All applicable Public Works fees shall be paid (PW) 3 Traffic Impact Fees shall be paid at the time of final building inspection of the first unit (PW) 4 Park and Recreation fees shall be paid prior to approval of Final Tract Map No 14590 5 All new utilities shall be installed underground (PW) 6 An encroachment permit shall be required for all work within public rights of way (PW) 7 State mandated school impact fees or such fees as have been agreed to by the applicant and the school districts shall be paid prior to issuance of building permits 8 Construction shall be limited to Monday - Saturday 7 00 AM to 8 00 PM Construction shall be prohibited on Sundays and Federal holidays 9 The City Council reserves the right to revoke Tentative Tract Map No 14590 Conditional Use Permit No 96 35 and Variance No 97 13 pursuant to a public hearing for revocation if any violation of these conditions or the Holly Seacliff Specific Plan or Municipal Code occurs 10 Tentative Tract Map No 14590 Conditional Use Permit No 96 35 and Variance No 97 13 shall become null and void unless exercised within two (2) years of the date of final approval An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date 11 The applicant shall submit a check in the amount of$38 00 for the posting of the Notice of Exemption at the County of Orange Clerks Office The check shall be made out to the County of Orange and submitted within two (2) days of the City Councils action $����7� � � � ¢ � , », § �t � ! * f �� �� } $ � �� a � � /�r�� �� �/ �® � * � ( �7 R % . ��! � �� & �� / �� \ ��� ® �. A � ` � � « »�®'��q @ � r � \ / / � � SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRACT NO /` 5- 1 O TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Artenal Highway Improvement 3 3 Guarantee 3 4 Plant Establishment Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 4 7 Costs 4 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense Hold Harmless 6 11 Insurance 6 12 Non-Performance and Costs 7 13 Record Map 8 k/tr14652/1/21/98 1 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THREE CORNERS PARTNERS LLC FOR TRACT NO 14590 THIS AGREEMENT is entered into this /1 14 day of FE,e ev^y 1998 by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as "CITY' and THREE CORNERS PARTNERS LLC a C-a#e€nta=e hereinafter referred to as SUBDIVIDER 44rr�A 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 14590 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 jmp/k/agree/tr14652 • • 1 GENERAL IMPROVEMENTS 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 other deposits fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer 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 unless the tract map conditions require an earlier completion date and all labor and material bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy permits until completion of improvements 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 jmp/k/agreehr14652 ! 0 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants replacing unsuitable plants doing weed rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a period of one (1) year from and after City Council accepts the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one year guarantee period said improvement plans prove to be inadequate in any respect SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statement by any officer agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials or payments therefor or any combination or all of these acts shall not relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed nor shall the CITY by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof 3 jmp/k/agree/tr14652 7 COSTS SUBDIVIDER shall pay when due all the costs of the work including inspections thereof and relocating existing utilities required thereby 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement the SUBDIVIDER shall pursuant to Government Code Section 66499 and the Huntington Beach Zoning and Subdivision Code provide as security to the City p Apo A For performance and Guarantee $ d (21�20 cash plus additional security in the amount of One Hundred Forty Eight Thousand Dollars ($148 000) which together total one hundred percent (100%) of the estimated cost of the work Such additional security is presented in the form of Cash certified check or cashier's check Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance 4 jmp/k/agree/tr14652 • • B For Payment Security in the amount of�eUc°�TY- Do Thousand Dollars ($ 000)which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of Cash certified check or cashier's check _Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees payment to the contractor to his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the SUBDIVIDER SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 10 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER shall defend hold harmless and indemnify CITY and its elective and appointive boards commissions officers agents and employees against any liability or claim for damage of any kind allegedly suffered incurred or threatened including personal injury death property damage inverse condemnation or any combination of these and resulting from any act or omission (negligent or non negligent) in connection with the matters covered by this Agreement but save and except those that arise from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared supplied or reviewed any plan(s) or specifications(s) in 5 jmp/1-/agree/tr14652 • • connection with this work or subdivision or has insurance or other indemnification covering any of these matters 11 INSURANCE In addition to SUBDIVIDER S covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify CITY its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$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 of Huntington Beach its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDERS insurance shall be primary 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 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 6 jmp/k/agree/tr14652 • 0 4 and 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 this Agreement CITY 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 12 NON PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement and subsequent extensions or fails to maintain the work the CITY may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY (including but not limited to Engineering Inspection surveys contract overhead etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work SUBDIVIDER agrees to pay all costs incurred by the CITY even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work SUBDIVIDER agrees to pay all attorney s 7 jmp/k/agree/W 4652 • 0 fees and all other expenses of litigation Incurred by CITY in connection therewith even if SUBDIVIDER subsequently proceeds to complete the work 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written THREE CORNERS PARTNERS LLC*a, CITY OF HUNTINGTON BEACH A municipal on477,WA dis�B/�ryldi�`�,rf/ corporation of the State of California By M yor /// �i/1V1C � O s ATTEST _ (type or print name) Its Circle one Chairman of the Boar /President/Any City Cler �� Vice President Presi entage Communities Managing Member of APPROVED AS TO FORM Three Corners AND Orff/ho�1 L-C City Attorney By INITIATED AND APPROVED ( r_ ant name) zz Its Circle one creta i Assistant Secretary/hief City Engineer Financial Officer/Any Assistant Treasurer 0 President Heritage REVIEWED AND APPROVED Communities Managing Member of Three Corners Partners LLC CI Administrator SIGNATORIES FOLLOW ON ATTACHED PAGE 8 jmp/k/agree/tr14652 1 HUNTINGTO B LLC By Jim Bil n le CALIFORNIA UNIT WANK By ADennis A MacD Vice n President By J►'`� on Matt Sweetman S"r Vice Pregident rlrsf 9 jmp/k/agree/tr14652 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f State of California i County of ss f GJ On I - 01C1 - ! before me P- Date N e and Title of Off cer(e g Jane Doe Notary Pu ) personally appeared e�'1�l I S �- I/1�1 DOV�Q, V rn( ( �1JPta�, I- Name(s)of 5igner(s) ] f personally known to me ( ❑ 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 ] COMM f 043959 acknowledged to me that helsne/they executed • Notary Pub0c—Cc+Nfamia > the same in h,,sAg,-r/their authorized ORANGECOUN1/ capacity(ies) and that by hts/tTer/their My Comm Expires OCT 30 1998 signature(s) on the instrument the person(s) or ] the entity upon behalf of which the person(s) acted executed the instrument i i 17377KZ7 ial seal i Place Notary Seal Abo a Signature of Notary Public 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 ] Description of Attached ocum�nt Title or Type of Document Ubc I V1 51 t BP e�✓� ] —flu6 t�y o f g4U114 Document Date /- �- — 9') Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer ( Signers Name ❑ Individual n,.5 t V rC°t? P,---5(de,r Top of thumb here ] L Corporate Officer—Title(s) �Vt Scti>e a r, ,�r rs{ V t Cc._, P,-e- ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact 1 ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing I�Q ��`t iJ Y`I i a (0 4eJ L ] ] 0 1997 National Notary Association 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313 2402 V Prod No 5907 Reorde Call Toll F ee 1 800 876 6827 CALIF013NIA ALL-PURPON ACKNOWLEDGMENT State of ( _ Q/J A County of lj�L On 1 3�I lb before me AV40i WJ LUJ A-P15 , ! 0TA-AY P461,I, [ I bate Name nd Title of Office (e g Jane Doe Notary Public) personally appeared 0)-AgYN 'YO-06S . � . Name(s)of Signe(s) [ j personally known to me-OR-u to be the person(s) whose name(s) ar subscribed to the within instrument and acknowled ed to me that ey executed the same in their uthorized capacity(Res) and that by VALEREtheir signature(s) on the instrument the person(s) Cor [ miff" VIwA0 or the entity upon behalf of which the person(s) acted [ NotaryRRAft Co�to0 mfo executed the instrument orange County My Comm EXPkes Aug 18 2WO [ WITNE S my hand and official seal S gna u e of Notary Public [ OPTIONAL [ Though the information below 1s 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 ( 1 [ Description of Attached Document Title or Type of Document SSA V lsi l9,j tTb eft MEA)-r Document Date T-a b Number of Pages Signer(s) Other Than Named Above (fn �l �� � CITY A0 N)IN k 5T124ZP. [ �)& NlS M N(-60,4z .(- , Mk-TT SU-X,�Tffl Capacity(ies) Claimed by Signer(s) \\ Signers Name m A-tK S (�NwgS Signers Name _�1iM ll.o d SLO�( [ Individual ❑ Individual [ 4 orporate icer ❑ Corporate Officer 1 [ Title(s) '_ Title(s) [ ❑ Partner—El Limited El General ❑ Partner—❑ Limited ❑ General [ ❑ Attorney in Fact ❑ Attorney in Fact [ ❑ Trustee ❑ Trustee [ ❑ Guardian or Conservator ❑ Guardian or Conservator Other Pfesident, Henta. Top of thumb here ❑ Other Top of thumb here [ munittes ( Th aging Member of [ artners LLC [ Signer Is Representing - Signer Is Representing LLL LLC, i i 0 1995 National Notary Assoc at on 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll F ee 1 800 876 68 7 %�� ' � #\!� f . ! « �%\ ■ ��� k ` . ! � ` �»� � / i .�� » � �/ � $ q � \ � f� § % ! kw�� ¥�� ~ , �� | � f U� W » ` { � � \ \ «�) . K k h �t�� � . •��§ � � ��� ` u , + & ~ � � ��ir § /� ,,§ % � , � ƒ ` �� ( \� � n$ }` � )/ � !# ����� %�2z��� i • P have received Labor and Material Bond No 443969S - Developers Insurance Company for Three Corners Partners LLC a California limited liability company Monument Bond No 443970S - Developers Insurance Company for Three Corners Partners LLC a California limited liability company Faithful Performance Bond No 443969S - Developers Insurance Company for Three Corners Partners LLC a California limited liability company Re Final Tract Map No 14590 Action Agenda of February 17 1998 and RCA Attached Dated f r By BOND NO 443969S • PREMIUM Incl in performan LABOR AND MATERIAL BOND r WHEREAS the City Council of the City of Huntington Beach State of California and THREE CORNERS PARTNERS, LLC, a California limited liability company (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 TRACT 14590 is hereby referred to and made a part hereof and WHEREAS under the terms of said agreement principal is required before entering upon the performance of the work to file a good and sufticient payment bond with the City of Huntington Beach to secure the clams to which reference is made in Title 15 (commenciig with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California Now therefore said principal and the undersigned as corporate surety are held firmly bound unto the City of Huntington Beach and all contractors subcontractors laborers materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of SEVENTY FOUR THOUSAND AND N01100 dollars ($ 74,000 00 ) for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such wort, or labor that said surety will pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond will pay ,n addition to the face amount thereof costs and reasonable expenses and fees including reasonable attorneys 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 It is hereby expressly stipulated and agreed that this bond shall insLre 'o the benefit of any and all persons companies and corporations entitled to file claims under Tale 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 Should the confon of this bond be fully performed then thibligation shall become null and void otherwise it shall be and remain ,n full force and effect P The surety hereby stipulates and agrees that no change extension of time alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 .090 a�Ed its obligat,on on th,5 bon' nd it does hereby�,aive nonce of any su hange extension altera`tuon or addition In witness whereof this instrument has been fully executed by the p-rincipal and surety above named on JANUARY 28 19 98 THREE CORNERS PARTNERS, LLC, a California lima d liabi company as Principal By MA JACO , PRESIDENT President Heritage Communities By f119naCgA TH P,e4' Comers r o DEVELOPERS INSURANCh COIIPAiJY Per,q-4%Lt_C as Surety By (� .,� 141 Virg is M Louman, Attorney-in-Fact By STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON ?J� BEFORE ME A( klf, 1/ iLIAAS'i n c0Tr-*?—y PY6LlL A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED i�I1 l K )A ODDS AKr PERSONALLY KNOWN TO ME TO BE THE PERSON WHOSE N E SUBSCRIBED TO TH%SIT HIN INSTRUMENT ANDACKNOWLEDGE 0 ME THAT W XECUTED THE SAME IN AUTHORIZED CAPACITY AND THAT BY T�SIGNATURE ,VON THE INSTRUMENT THE PERSON OR ThE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED EXECUTED THE INSTRUMENT WITNESS MY H6ND SIGNATURE MY PRINCIPAL PLACE CF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN D,Q 1q,4(, COUNTY IRC6.,2 12iu-I,4tVS (NAME PRINTED) EXPIRES RN ZODO vnLM VAIL" STATE OF CALIFORNIA ) cOfmr6don#1108729 r a mC FOR14 Notary PJAc—C01f0m a AP r" C IU N COUNTY OF ORANGE ) SS %ffimy�" EV"18 2°W cT ON BEFORE ME t A}torney A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE RASiS OF: 1�ATICFArTnRY F\/1nPmrF1 i STATE OF _ CALIFORNIA p SS COUNTY OF ORANGE On_ January 28, 1998 before me N AMYX PERSONALLY APPEARED V-i rgi ni n M I numan 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 acknowl edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies) and that by his/her/ N AMYX their signature(s) on the instrument the person(s) or the COMM $1070165 entity upon behalf of which the person(s) acted executed Notary Public-California the instrument $ ORANGE COUNTY My Comm Exp kug 23, 1999 WITNESS my hand and official seal Signature � �-�.r� This area for Official Notarial Seal OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) Developers Insurance company SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev 6/94 � ALL-PURPOSE ACKNOWLEDGEMENT BOND NO 443970S _ • • PREAIUH $70 00/for a 2 Yr ter MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THrJ THREE CORNERS PARTNERS, LLC, a California limited liability. compan as Subdivider of Tract No 14590 in the City of Hunt rigton Beach County of Orange State of Cal,foi n,a has s,,bm1`Cd tc Sc d C!t) a ~,sal i 1dp J`Sc'd JaCt Contain ;g an en0ln C-r s Or sJ('�,eror s Cer`Jfl'Gte stating that d11 '.1HEl ti onuments ti III oe ,et In the posiucns Inc)cateo on o, before the da',e specified in sa,c certficatz ►hatsald THREE CORNERS PARTNERS, LLC, a California limited liability comp (Subdivider) as principal, and DEVELOPERS INSURANCE COMPANY as surety hereby guarantee to the City of HLntington Beacn the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the record'ng of said F,ral Map in accordance with said rap and said cet Cate up to out not in excess of the sum of S i grin no in which sum we are held and firmly bound to the City of R nbngton Beach all In accordance with and subject to the te,ms conditions and provisions of Arucle 9 Chapter 4 of the Government Cooe of the State of Cahfornia IN WITNESS WHEREOF we have executed this instrument this 28TH day of JANUARY 19 98 THREE CORNERS PARTNERS LLC, a California limited liability company as P.inclpal APPROVED AS TO FORM] 11 MARK JACOW3, PRESIDENT President Heritage "4II hbTTON By Managing Member of T Y A ree Comers Partners LLC AvELOPERS INSURANCE COMPANY Ourety B y L .,,-.� 14, e,��a Virgi is M Louman, Attorney-in-Fact By 1 STATE OF CALIFORNIA Y SS COUNTY OF 9RANCE On January 28, 1998 before me N AMYX PERSONALLY APPEARED Virginia M Louman 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 acknowl edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies) and that by his/her/ N AMYX their signature(s) on the instrument the person(s) or the COMM 01070165 entity upon behalf of which the person(s) acted executed Notary Public—California 0 the instrument ORANGE COUNTY My Comm Exp kug 23, 1999 WITNESS my hand and official seal Signature �: This area for Official Notarial Seal OPTIONAL Though the data below Is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR EW"(IES) Developers Insurance company SIGNER(S)OTHER THAN NAMED ABOVE tD-osi &-% 6/94 ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT • � n,,� State of (�f�U a RAj i A �I ( County of A C Fi L 2A Wl1.LI fYlS. �JVT2Y Pu/3C � On � 30 I�� before me Date M Name and Tile of Off cer(e g Jane Doe Notary Publ c) ( personally appeared ( Name(s)of S gner(s) j [ personally known to me-OR ❑ o to be the person JJ11 whose namfl)(Dafe subscribeA to the within instrument and acknowledged to me that he executed the same in 11 f�er#e(r authorized capacity ) and that b &i A-rertth2ir signaturef.if on the instrument the person; VALERIE WUJA A or the entity upon behalf of which the person ']acted Cornn*sIon Notts PJ: c—CONOING I executed the instrument orange County 5 Mycorrm Ezp�SAvo is 2000 WITNESS my hand and official seal i i S gnature of Notary Publ c 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 <�) fDescription of Attached Document � Title or Type of Document morJ uM�,s-r �D,Jta Document Date I lag 9 8 Number of Pages 1� n�y � Signer(s) Other Than Named Above _V1 1n) I� M L-0Ld11"1/}A) Capacity(ies) Claimed by Signer(s) Signers Name 1 11 �tGc��S Signers Name i ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ( ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator A Other President Hentaae Top of thumb here ❑ Other Top of thumb here mmunities I �51 Managing Member of ( Three Corners Pa-ners LLC i Signer I Representin Signer Is Representing C P nt He e,I� ?� Com unit V Manag Membe �)Thre mers I O 1995 Nat oral Notary Assoc at on 8236 Remmet A e PO So 7184 Canoga Park CA 91309 7184 P od No 5907 Reo der Call Toll Free 1 800 876 6827 POWER OF ATTORNEY OF � EMNITY COMPANY OF CALIFORIRA AND DEVELOPERS INSURANCE COMPANY N2- 0 0 18 16 PO BOX 19725 IRVINE CA 92623 (714)263 3300 NOTICE 1 All power and authority herein granted shall in any event terminate on the 31 st day of March 1999 2 This Power of Attorney is void if altered or if any portion is erased 3 This Power of Attorney is void unless the seal is readable the text is in brown ink the signatures are in blue ink and this notice is in blue ink 4 This Power of Attorney should not be returned to the Attomey(s)In Fact but should remain a permanent part of the obligee s records KNOW ALL MEN BY THESE PRESENTS that except as expressly limited INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY do each severally but not jointly hereby make constitute and appoint JAMES E MARY VIRGINIA M LOUMAN SHELLEY E SMITH-BOWMAN JOAN M WYNN JOINTLY OR SEVERALLY' the true and lawful Attorney(s) In Fact to make execute deliver and acknowledge for and on behalf of said corporations as sureties bonds undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars($3 500 000)in any single undertaking giving and granting unto said Attorney(s)In Fact full power and authority to do and to perform every act necessary requisite or proper to be done in connection therewith as each of said corporations could do but reserving to each of said corporations full power of substitution and revocation and all of the acts of said Attomey(s) In Fact pursuant to these presents are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY effective as of September 24 1986 RESOLVED that the Chairman of the Board the President and any Vice President of the corporations be and that each of them hereby is authorized to execute Powers of Attomey qualifying the attorney(s)named in the Powers of Attorney to execute on behalf of the corporations bonds undertakings and contracts of suretyship and that the Secretary or any Assistant Secretary of the corporations be and each of them hereby is authorized to attest the execution of any such Power of Attorney RESOLVED FURTHER that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile and any such Power of Attorney or certificate beanng such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February 1997 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 0 By V By V Dant Vince nti Jr Dan F Vincenti Jr pANY resident S\1ASURgq esident ;po PORO �P�PPO ,C� i OCT 5 0 , ATTEST R 27 & 1967 O 1979 a By * BY Walter Crow VI Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On February 3 1997 before me Sherie L Bell personally appeared Dante F Vincenti Jr and Walter Crowell 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 capaaty(tes) and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the persons)acted executed the instrument WITNESS my hand and official seal N "RIE L BELL Signature�jwANOTARYRYPUBUCIiCALIFORNIAJ ORANGE COUNTY W ComnL F*Doc 12 ZIM CERTIFICATE The undersigned as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA and Senior Vice President of DEVELOPERS INSURANCE COMPANY does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked and furthermore that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City of Irvine California this 28 day of January 199 8 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY OM,?ANYO� b\1ASUR44, V�PPO �rCC By z OCT 5 -n By =MAR 27 L C Fiebiger �„ 1967 C' L C Fiebiger 1979 a Senior Vice President i (/FQI P Senior Vice President 'o q IF n o on n� ' BOND NO _443969S • • PREMIUM $2.960.00/fnr n 2 Yr term FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and THREE CORNERS PARTNERS, LLC, a California limited liability company (hereinafter designated as principal ) have entered into an agreement whereby principal agrees to install and complete designated public impro�cments which said agreement dated 19 and identified as project TRACT 14990 . is hereby referred to and made a part hereof and VdHERE-,S said principal is required under the terms of said agreement to furnish a bond for the fdithful pCrformance of said agreement Now therefor we ilia principal and DEVELOPERS INSURANCE COMPANY as surety are held and firmly bound unto the City of Huntington Beach 'erelnafter called City the penal SUM Of ONE HUNT)PID FORTY EIGHT THOUSAND AND N0/100 dollars ($ 148,000 00 ) lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and administrators jointjy and severally firmly by these presents The condition of this obligations 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 skid agreement and any alteration thereof made as therein provided on his or their part to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless City its officers agents and employees as therein stipulated then U)is obligation shall become null and void otherwise it shall be and remain in full force and effect 71 As a part of the obligdbon secured nereby and in addition to the face amount specified therafor there shdll be included costs and reasonable exD�nses and fans incliding reasonable aCorney s fees incurred by City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered I i • r The surety hereby stipulates and agrees that no charge extension of time alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change extension of bme alteration or addition to the terms of the agreement or to the work or to the speaficat.ions In witness whereof this instrument has been duly executed by the principal and surety above named on JANUARY 28 119 98 THREE CORNERS PARTNERS, LLC, a California limite liability company as Principal �Sywbzf� MARK JACOEV, PRESIDENT President Hentage Communities 8y k4a aging Member of Three Comers Partners LLC DEVELOP ERS INSURANCE COMPANY as Surety By 14l cox. Virgiiiia M Louman,Attorney-in-Fact By APPROVED AS TO FORM. 1 C' IL u-TIN CITE De N r A +orney • STATE OF CAL.TFORNTA 7 SS COUNTY OF ORANGE On January 28 1998 before me N AMYX PERSONALLY APPEARED V-i rg-i ni a M. Louinnn 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 acknowl edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies) and that by his/her/ N AMYX their signature(s) on the instrument the person(s) or the COMM 01070165 � entity upon behalf of which the person(s) acted executed Notary Public-California C the instrument ORANGE COUNTY p,My Comm Exp Aug 23, 1999 WITNESS my hand and official seal li Signature �.� / ✓�' This area for Officzal Notarzal Seal OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) Developers Insurance company SIGNER(S)OTHER THAN NAMED ABOVE M-081 Fey 6/94 ALL—PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURAE ACKNOWLEDGMENT • _ ( State of Ad E-094 I A County of (IRA A6E/ I i On 2Jl`�I� before me Y 49,0—�c, UV 1 U li A M Cri—A-P—Y R18 4 6- i Date I Name and Ttle of Off ce (e g J ne Doe Notary Pub]c) !I;, personally appeared (Yl 1 K TA C 08S Name(s)of S gne(s) i personally known to me— ❑ to be the person I i whose name(, 0a.1' subscribed to the within instrum nt ?� and acknowredged to me tha he fey executed thej same i i heF authorized capacity and that by ;S vAUEiti wiwAnes isfs b�sfgnatureo) on the instrument the person convTumm#C�omly `ar the entity upon behalf of which the person acted NotaryPubbC executed the instrument orange County 61my Comm Expfr Aug 18 20M WITNE S my hand and official seal ( S gnature of Notary Pu I c � OPTIONAL ( Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent f,l ( fraudulent removal and reattachment of this form to another document Description of Attached Document I Title or Type of Document lT tT�UL 1 ���e� �`I 0 - ( Document Date g g Number of Pages ) Signer(s) Other Than Named Above �W VANiA W LQU0111,j Capacity(ies) Claimed by Signer(s) ( Signers Name W tPtf, -TAC O&S, Signer s Name ❑ Individual ❑ Individual ( ❑ Corporate Officer ❑ Corporate Officer ( Title(s) Title(s) ( ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee Guardian or Conservator iWERdiflM ❑ Guardian or Conservator Other Pregdent, Her.;;, Top of thumb here El Other Top of thumb here ( 111 Communities 4;S hlanaging Member of Partners LLC Signer Is Representing Signer Is Representing I � It 7' LLC f 1 0 1995 Nat o at Notary Assoc at o 8236 Remmet A e P 0 Bo 7184 Canoga Park CA 91309 7184 Pod No 5907 Reo der Call Toll F ee 1 800 876 6827 --3h-kt I r nlJ r Cr<L I—,.,L -L. —1 1 1 1 L. 020 � ' i �lr ti � � �'� S�r7 14�� Lys'' I e `�13i2� n►h NN+DtiIYYI 1 r ., � i° n w � � 11 T wk: -oral t�r1 01/OZ 97 y THIS CEiiTIRFCATE IS 13WIEV AS A MATfXR OF INFORMATION ONLY AND CONFOM NO F10HTS UPON THE CERnFICATE ROBERT E HARRI S �/7�p� HOLDP, THIS MRy1FICATE DOES NOT AMEND EXT W OR 7 INSURANCE AGENCY, INC / ALTEF9 THE COYEEfiAGE AVPOPMW BY THE POLICE$ BELOW P O BOX 19159 INC ComPANIES AFFOROINO COVEAAOt I VINE, ���� �� CA 92623-9159 comp ly �lr ��145 7, A RELIANCE INSURANCE COMPANY aaRlrRsa COMPANY THREE CORNERS PARTNERS LLC 8 &, HERITAGE COMMUNXTIES, INC COWANY 5620 E SANTIAGO CANY0I7 ROAD c ORANGE, CA 92 8 6 9 ocwrNVY D T"IS TO CF-RnFY TiMT THE POUCIE3 OF INSURAWE USTED BELOW HAVE BEEN MJVED TO TKE WSURED NAMED ABOVE FOM T►At POUCY PEg100 INDRCATiD NOTWiTHSTANOW43 ANY REQUIREMENT IVW OR CONDMON OF ANY CONTRACT OR 0THkFR DOCUMEM WITH RESPECT TO WHICH T1413 GSATIFIGAYE MAY U ISUMV Oft WAY 1EWAIrl THEU INSURANGE APPORUED 0Y THE PODiB DCbORMED MCRON 13 YUDJFCT YO ALl VMS YEPAAS �CQ EXCLUSK Ns ANOITIONB OF SUCH PpU(',IES UMRS SHOWN MAY NAVE 9e9N REUtiC.F.D BY PAID GL. G1 Oo T'rP!Of LkaR111ANra EWJCr NrsaTaol 99 n Irioom s UTI r oPUMLACLLUaM SJ3002717 12 19/97 12/19 96 42 000, 000 X „ G uAar,YY PROCU Ts COMPJOP AQG s I 0 0 0 o o o OcGu. P a¢owu a AM DUURV 11 0 0 0 0 0 0 X 0"f*V a="7l RACTwrs FMCW aACH OCCUnaa9Ce 11 000, 000 Flw pmva eRACa.w s 50, 000 Mm sew(A,e on.o«.w t 5 000 AUTMON"UNIU Tv Qo&uu R w sffd"E LAW • ANY AUTO ALL CWNW AVTDj snw1.Y QUURY sC+RR7lRm AUTD$ Ipw D• f Ono AUTM goody"JURY MOMADWHEO AUTON cpwAakwm s PROr6AT7 RAM^" 4 r.+n.a=u1l�iry AS Tp AUTo ow.Y oA^0" s AM'AVM r l 1 Lil F � OTHeft YWA16 AUTO ONLY' C j 2 1 j EAa+ • EmCr14s Y EACH s LOADRtiIA r j A Tt i M9a TK"UM8AELIA F*0N WOOKONi C91WL% &MW AND �ANTDar u. rAWLD►sW 1JAB Lnv EACH i n1F rr10+AIrropi DLUEASC POVqY UM1T i PARTNpRB'L�(CCUTIY! orW.CM9 ARC RDIOL LVICFAW [ACW em Qflt;p OFscaVMk a ortAATX*FAOCA mms THE CERTIFICATE HOLDER IS ADDED A.S ADDITIONAL INSURED AS RESPECTS THE OPERATIONS OF THE NAMED INSURED *EXCEPT 10 DAYS NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM �P^'•7'1'.S'"'%'^"+, tt�� 1'S�'wt t t»... 4a. C � A k �/` Y'S4 i" +W a t v'�y S .,T"" S"OULD^ww*a THE APWM Oglpcmow WOura$LR!GA*c&%UW 8040M"a CITY OF HUNTINGTON B"CH ITS exrownm "TS THOMW TM Issuwv vwmlo IY vaa wd AGENTS, OFFICERS AND EMPLOYEES IQ DAYS Wm.. 21 WO"M TO TnE=Wr c�cATr RDLDCA NAxsa TO TK LOT 2000 MAIN STREET r- e - +oT+Fc a1c�u sari■o osaaww.>,u,,w HUNTINGTON BEACH CA 9264B AUl .ewe �.'�,�t �t e A �iW�F?'�1�►` i • RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT SUBJECT Final Tract Map No 14590 COUNCIL MEETING DATE February 17, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use