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HomeMy WebLinkAboutFinal Tract Map 14662 - Parkside - Shea Vickers-Greystone Ho Recording requested by, Recorded and when recorded return to: I.Gar in the Count IlllllllllllllllllllllllVilleN,CRecorder ia Y of Orange Californ IIIIIIIIII I9 Connie Brockway,City Clerk I Office of the City Clerk FBC20000083148 4; CITY OF HUNTINGTON BEACH 004 001029, 108 73 20PM 02/15/00 P.O. Box 190—2000 Main Street 321 01 Huntington Beach,Ca. 92648 I Doc0 0.00 0'00 0.00 0.00 0.00 0.00 TYPes: 321 0.00 --- (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMP1ROVEMENTS l (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) Z I PLEASE TAKE NOTICE THAT on January 11, 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. 14662. Public improvements constructed consist of the domestic water system and appurtenances within Huntington Street, Main Street, Promenade Parkway and the private streets; the sanitary sewer system and appurtenances; the storm drain system and appurtenances and the curb, gutter, sidewalk, paving and street furniture within Huntington Street, Main Street and Promenade Parkway. Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH 9y..:.7fi:.���YT+Y.Iyr.!«'i�6............ - l CITY OF HUNTINGTON BEACH Deputy City Clerk . by: City Engineer The Foregoing Instrument is,the City'Cleft � �G Origin.pi- ocumerit Refilectir1g-.City-.Co-_uncil Action ram. Taken at � fae City Council Mee' ng Submitted for Recordp ion by the Orange County Recorder by: City Attorney Attest iz 20 Ae - - City 0ic and 2x-bffkc1WC1ft of the City Cound This document is solely for the MOW HuntippnBeach Cou ffo nia official business of the City of Huntington !Beach, as contem- ..4'�ts Meted under Government Code Sec.6103 and should be recorded free of charge. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 19, 1999 THIS DOCUMENT IS IN FACT THE ORIGINAL ON FILE IN THE CITY CLERK'S OFFICE AND WAS RECORDED AS THE ORIGINAL NOT A COPY. THIS DOCUMENT WAS STAMPED WITH THE CLERK'S CERTIFICATION STAMP TO ACCOMMODATE THE ORANGE COUNTY RECORDER'S OFFICE FOR RECORDATION. THE VERIFICATION STAMP WAS LATER CHANGED ON NOVEMBER 18, 1999 PER DIRECTION OF CONNIE BROCKWAY, CITY CLERK AND APPROVED BY THE ORANGE COUNTY CLERK RECORDER'S OFFICE. (Telephone: 714-536.5227) L J, 0 t Lj Interdepartmental Communication HUNTINGTON BEACH TO: Shari Freidenrich, City Treasurer FROM: Christine Cleary, Deputy City Clerk DATE: February yY, 2000 SUBJECT: Maintenance Bond (�&Z'0�� 1w-z-e, d)d/ y I have receive 4ai t ® Bond No. 111 2733 3216-M C7/► �fie, ,es .1iG . RE: City Clerk Vault File No. 146 420.60. Approved by Council on 2/7/00. Dated: By: w BOND NO, 111 2733 3216—M PREMIUM $2,738.00 GUARANTEE AND WARRARTY BOND WHEREAS, Greystone Homes, Inc. as a Principal,and The American Insurance Company ,a corporation organized under the laws of the State of• Nebraska and duly authorized to do business in the State of California,as Surely,are held and firmly bound unto the City of Huntington Beach,Califomia,as Ob!igea,in the penal sum of Thirty Six Thousand Five Hundred & 00/100 ($36,500.OR)resentingld. percent of the confractprica 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,s=essors and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated for work described as fari'ows: Tract 14662 — Parkside WHEREAS,said contract provides that the Principal willfumish 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 defe;ts 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 indemnCry the Obligee for all loss that the Obligee may sustain by reason of any defer ive materas or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance lhereof'oy Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on August 25th -.—IG ,919 r;T� TTTT1� AS TO )) Grey *;� Inc. ,as Principal ,AIL HUTTON, C ty Attorney By B3.j A epl;t y City J+t orr'ez By 47, a urel The American Insurance Co any, s y 99 By: ictoria M. Camp ell, Attorne — n— act t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 30, 1999 before me , Tondalayo Frantz, Notary Public personally appeared, Jonathan M. Jaffe ® personally known to me --OR-- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, TONDALAYO FRANTZ executed the instrument. - COMM...1165205 m D U NOTARY PUBLIC-CALIFORNIA —1 m :A;h ORANGE COUNTY CJ WITNESS my hand and official seal. My Term Exp.Dec.11,29 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 of Type of Document: Guarantee &Warranty Rand #111 9733 3216-M Tract 14662 - Parkside Document Date: Number of Pages: Signer(s) Other Than Named Above: :ate of California :ounty of Orange on August -25. 1999 before me, • Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER-E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell NAME(S) OF SIGNER(S) ❑ personally known to me - OR- ❑ to be the person(a) whose nameN is/anx subscribed to the within instrument and acknowledged to me that te/she/>> x executed the same in Wher/ it{ authorized capacity(iPR), and that byAk6/her/tJmhK signature on the instrument the person, or the entity upon behalf of which the personal acted, executed the instrument. WI y hand and official seal. SIGNATURE OF NOTARY OPTIO L 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 DATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) r IKr,IYLHIN J "r UNI-) IIVJUKALNv .G t-.UlvirHly I NATIONAL SURETY CORPOR -ON ASS" -'iATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint THOMAS C. MCCALL, VICTORIA M. CAMPBELL, K. R. VIODES, JANINA MONROE, COSTA MESA CA their we and lawful Anomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute•seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof ....................... and to bind the Companics thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companics'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of.article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY. NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held.or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attomey,or on any certificate relating thereto.by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies:' IN WITNESS WHEREOF. the_Camps ies have caused thes��r�sents to be signed by their Vice-President, and their corporatJINE unto affixed this 0 y m rr riri l FIREMAN'S FE COMPANY ETY�+ "p "'. r�nN 5 A�ERi`` NN"""""""., NATIORPORATION O ;ela Uri�;',,,�, �Q"� FG'Y �i'aara•.��y'rt �o`�,�°BIL W,�o',�. r7 ocwoq�} p o , /,sr ` THE AMERI COMPANY ° ' A OCIATEDRPORATION Z sevrl>oro 6 E A L? = AM RICH UTOMOE COMPANY �rNee co`" +HCe By Vll. STATE OF CALIFORNIA Yce-Pruident ss. 1 COUNTY OF MARIN / ,� On this in day of Marr`h 1999 ,before me personally came 1?�QL0 �v / s� to me known, who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I It ,the day and year herein first above written. Judy K. Bechtold //Vt� • Comm. #1099437 NOTARY PUSLIC-CAUFORNIA SONOMA COUNTY 0 Comm. Exp, June 2,2000 4 Notary Public ATE STATE OF CALIFORNIA l }ss. COUNTY OF MARIN JJJ I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forrh in the Power of Attorney, are now in forte. Signed and sealed at the County of Mahn. Dated the 25 th day of August 1999 . ,wW"wur AN'S 1•u ER%``i ,..N"'.. G�J O�R� 'Q ``.y,�Ot��lrl�;�.,, `E�� ,.~�',b <Z•�eara•��.y'trr *tsilErw- - ? -ter •o' • • �9" ,!j'i * r 'r. Q 0 ice- j �n• 3 SEAL c • ' . :k n OY ZCurCs \y :J- r�c G,P t Q: JG Qr, '•..�. ♦ .1 r-+ ?�CECorey ��HCE•e0J 'Ar?IW6Y°'• xL�! -3 ' n;wmmNo" •w„wa•"` Resident Assistant Sccx=7 360791-11-98 CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 11, 2000 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana CA 92702 Enclosed please find "Acceptance of Public Improvements"for Tract No. 14662. Please record the acceptance and return 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 and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures G:\followup\tract\acceptpubicimpr (Telephone:714-536-5227) 4 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 255.22) PLEASE TAKE NOTICE THAT on January 11, 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. 14662. Public improvements constructed consist of the domestic water system and appurtenances within Huntington Street, Main Street, Promenade Parkway and the private streets; the sanitary sewer system and appurtenances; the storm drain system and appurtenances and the curb, gutter, sidewalk, paving and street furniture within Huntington Street, Main Street and Promenade Parkway. Tax-Exempt-Government Agency CITY OF HU•NTINGTON BEACH ....e ,* CITY OF HUNTINGTON BEACH Deputy 'City Clerk by: City Engineer The Foregoing Instrument is the City Clerk's Original.. ocument-Refiecting City Council Action Ta�.en at 7 ,i?ODD City Council Meeting Si,bmitted for Record - by the Orange County Recorder by: City Attorney Attest City Quark and Ex-bffibib'Clft of the City Coundl This document is solely for the official business of the City pOf ti18 Huntington Beach of Huntington Beach, as contem- plated under Government Code Sec.6103 and should be recorded free of charge. FOE CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH z3 TO: 5 ATTENTION: Ww", /0C;;,2 41 e,-- N e 7 ' ' ' DEPARTMENT: Street —� REGARDING: Z�W z/ City,State Zip , Zrvir�e-, See Attached Action Agenda Item Date of Approval ,,f- Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page ✓ Agreement Bonds Insurance RCA Deed Other CC: �r/pf ,Bc2��s/�ca �i, /�� //�or�s�!r ✓ `' �e De artment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other / Name Ijepartment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance G:Followup/Letters/coverltr (Telephone:714-536-5227) l (11) 02/07/00 - Council/Agency Agenda - Page 11 E-6. (City Council) Approve the Release of Securities for Tract No. 14662 and Accept the Public Improvements — n/w of Main and Huntington Streets — (Greystone Homes, Inc:) (420.60) — 1. Accept the improvements constructed and dedicated for public use with Tract No. 14662; and 2. Release Faithful Performance/Labor and Material Bond No. 111 2733 3216 and Monument Bond No. 111 2733 3224 (The American Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Guarantee and Warranty Bond No. 111 2733 3216-M (The American Insurance Company) the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Greystone Homes, Inc., of this action, and the City Treasurer to notify the Surety, (The American Insurance Company) of this action; and , 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works [APPROVED 6-0-1 (BAUER—ABSENT)] E-7. (City Council) Accept the Water Meter Box Replacement Project WSC-014 and File a Notice of Completion — Lee's Construction (600.75) —Accept the Water Meter Box Replacement Project WSC-014 at a final cost of$25,779.76, and authorize the City Clerk to file a Notice of Completion with the County's Recorder's Office. Submitted by the Director of Public Works [APPROVED 6-0-1 (BAUER— ABSENT)] E-8. (City Council) Approve the Addition of a Personnel Analyst, Principal During the Business Systems Software Implementation —Approve Budget Amendment (700.10) -Amend the FY 1999/2000 budget by adding one Personnel Analyst, Principal position in the Administrative Services Department. Submitted by the Administrative Services Director Funding Source: 99/00 Business Software System Budget. [APPROVED 6-0-1 (BA UER—ABSENT)] E-9. (City Council) Adopt Resolution No. 2000-16—for the Submittal of 18 Street Improvement Project Applications to Orange County Transportation Authority (OCTA) for Arterial Highway Rehabilitation Program (AHRP) Funding (800.45) - Adopt Resolution No. 2000-16— "A Resolution of the City Council of the City of Huntington Beach Approving the Submittal of Eighteen Improvement Project(s) to the Orange County Transportation Authority for Street Rehabilitation Funding Under the Combined Transportation Funding Program." Submitted by the Director of Public Works (18 Proposed projects listed in resolution) [APPROVED 6-0-1 (BAUER—ABSENT)] E-10. (City Council) Approve Amendment No. 1 to Professional Services Contract with Ferguson Group, LLC for Federal Funding Acquisition Assistance (Intergovernmental Affairs Program) (600.10) —Approve Amendment No. 1 to the professional services agreement between the City of Huntington Beach and the Ferguson Group for the purpose of assisting in the acquisition of Federal funds for priority projects within the City and authorize the Mayor and the City Clerk to execute the Amendment— "Amendment No. 1 to Professional Services Contract between the City of Huntington Beach and the Ferguson Group, LLC to Assist the City in it's Intergovernmental Affairs Program." Submitted by the Director of Organizational Effectiveness Funding Source: 1999-00 Budget- $84,500 [APPROVED 6-0-1 (BAUER—ABSENT)] VITY OF HUNTINGTON BEACHjTreasurcr MEETING DATE: February 7, 2000 DEPARTMENT ID NUMBER: PW 00-008 Council/Agency Meeting Held: Deferred/Continued to: ® Approved ❑ Conditionally Approved ❑ Denied 6-0 .BauehAe- City Clerk's Signature Council Meeting Date: February 7, 2000 Department ID Number: PW 00-008 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION (-2, jTj SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS i a � SUBMITTED BY: RAY SILVER, City Administrator ��—�^�✓i9L' c PREPARED BYABERT F. BEARDSLEY, Director of Public Works, \ SUBJECT: `I APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14662 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Greystone Homes, Inc., the developer of Tract No. 14662, located at the northwest corner of Main Street and Huntington Street, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14662; and, 2. Release Faithful Performance/Labor and Material Bond No. 111 2733 32114 and Monument Bond No. 111 2733 3224 pursuant to California Government Code Section No. 66499.7(b): and, 3. Accept Guarantee and Warranty Bond No. 111 2733 3216-M, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Greystone Homes, Inc., of this action, and the City Treasurer to notify the Surety, American Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. TR 14662 -2- 01/28/00 9:37 AM RCQUEST FOR COUNCIL ACTIUN MEETING DATE: February 7, 2000 DEPARTMENT ID NUMBER: PW 00-008 Alternative Action(s): Deny the recommended action. Analysis: On March 6, 1995, the City Council approved Final Map No. 14662 and accepted Bonds from Seacliff Partners, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Greystone Homes, Inc. purchased Tract No. 14662 from Seacliff Partners. On August 4, 1997, the City Council approved the exoneration of the original Bonds posted by Seacliff Partners and approved the substitution of bonds by Greystone Homes, Inc. The developer, Greystone Homes, Inc., 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 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances, sanitary sewer system and appurtenances, storm drain system and appurtenances, and the curb, gutter, sidewalk, paving and street furniture within Huntington Street, Main Street and Promenade Parkway. 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 and Warranty Bond No. 111 2733 3219-M as security. Following is a list of project data: Developer: Greystone Homes, Inc., 7 Upper Newport Plaza, Newport Beach, CA. 92660 Engineer: Hunsaker A &Assoc., Three Hughes, Irvine, CA. 92718 Title Co.: First American Title Co., 114 E. 5" Street, Santa Ana, CA. 92702 Location: Northwest corner of Main Street and Huntington Street Lots: 152 numbered lots and 3 lettered lots Acreage: 19.271 Zone: Holly-Seacliff Specific Plan 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). Attachment(s): City Clerk's • - Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 111 2733 3216-M 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby:jm TR 14662 -3- 01/28/00 9:46 AM ATTACHMENT 1 8 10 s i 1, FDIPfOBlC \ _ BED. WARNER ` F I SLAM L TAIRM i0� I �1um� »illl p - a GARFMW lymmw?4 L-ADAMS /INDLANAPOUS EL IS "; ATLANTA ELAMMTON SRE LOCATION I RANNMG e I ® TT 14662 IRS . HMINGTON BEACH PLANNING DIVISION ATTACHMENT 2 LIM ILJ Interdepartmental Communication HUNTWGTON BEACH TO: Shari Freidenrich, City Treasurer FROM: Christine Cleary, Deputy City Clerk DATE: February 11, 2000 SUBJECT: Maintenance Bond I have received Maintenance Bond No. 111 2733 3216-M RE: City Clerk Vault File No. 146 420.60. Approved by Council on 2/7/00. Dated: By: BOND NO, 111 2733 3216—M PRCMIUM $2,738.00 GUARANTEE AND WARRANTY BOND WHEREAS, Greystone Homes, Inc. as a Principal,and The American Insurance Company ,a corporation organized under the laws of the State of• Nebraska and duly authorized to do br:siness in the State of California,as Surely,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of Thirty Six Thousand Five Hundred & 00/100 ($36,500.Op�resenting 10 percent of the contract prke entered into between the Principal and Obligee,to which payment wvtl and truly to be made we do bind ourselves,and each of our heirs,executors,adminis72tors,successors and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated for work described as follows: Tract 14662 — Parkside 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 defegts 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 indemnity the Obligee for all loss that the Obligee may sustain by reason of any detec've 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 August 25th is 9 Grey Inc. ,as Principal APPROVED A- TO F)—hM. : CAIL HUT TON, City Attorney By By.:r peg4ty City AttorneZ 8y The American Insurance Co any, as urety By:- Victoria M. Campbell, Attorne — n— act t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On August 30, 1999 before me , Tondalayo Frantz, Notary Public personally appeared, Jonathan M. Jaffe ® personally known to me --OR-- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, 21 • TONDALAYO FRANTZ m executed the instrument. COMM...1165205 '° NOTARY PUBLIC-CALIFORNIA -1 Y ORANGE COUNTY WITNESS m hand and official seal. D • •o�� My Term Exp.Dec.11,2001 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 of Type of Document: Guarantee P.Warranty bond#111 2733 3216-M Tract 14662 - Parkside Document Date: Number of Pages: Signer(s) Other Than Named Above: :ate of California :ounty of Orange On August -25. 1999 before me, Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER.-E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Victoria M. Campbell *********** NAME(S) OF SIGNER(S) ❑ personally known tome - Oft- ❑ to be the persons) whose nameN is/an subscribed to the within instrument and acknowledged to me that te/she/fix executed the same in WherAWY, authorized capacity(PR), and that byxbft/her/tJmAm signature on the instrument the person0q, or the entity upon behalf of which the person` acted executed the instrument. _ WI y hand and official seal. SIGNATURE OF NOTARY OPTIO L 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: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORA" N ASSC kTED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska. ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called -the Companies")does each hereby appoint THOMAS C. McCALL, VICTORIA M. CAMPBELL, K. R. VIODES, JANINA MONROE, COSTA MESA CA their we and lawful Anomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal.acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may du in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY- NATIONAL SUReE`Y CORPORATION, THE AMERICAN INSURANCE COMPANY. ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY.ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held-or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President.Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, theampcpies have caused the,��r�sents to be signed by their Vice-President, and their corporate seals to be unto alitxed this �1�� y rr riri 11 FIREMAN'S FUND INSU N E COMPANY �, W,,,, �,�N.S F Aye Rj�,, "",,,, NATIONAL SUR RPORATION gJ o"°O"�}pp 3� c�., �.j!.'• roa y +moo, e' THE AMERICAN INSU E COMPANY c 0 _:' F \-a Y .4 s.�:'—•— '.� A OCIATED INDEMN CORPORATION Z sevrlla,c a ;' 'i =� s E w L ; AM RICH UTOMOBILE INS NCE COMPANY CIN/7`�Q\`J• j i � '1 �r S.f T: i7j•• �j:i•T't•� b�/ y� 1, •,,....• - ONCE GOB GQ�gCEaea�aLQUrSM o•°`O` 1 By V1 STATE OF CALIFORNIA Vice-President ss. COUNTY OF MARIN JJJ I ,� r f� On this in day of Marrh 1999 ,before me personally came r/?�6a) �v / ' � s`� tome known. who,being by me duly swam,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I h ,the day and year herein first above written. Judy K. Bechtold �U�tcc ,Sy" Comm. flO99437 NOTARY PUBLIC-CAUFORNIAIII1 SONOMA COUNTY V Comm. Exp,June 2,2000 -4 Notary Public iACATE STATE OF CALIFORNIA 1 }ss. COUNTY OF MARIN JJ I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and funhermore thatArticle VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attomey, are now in force. Signed and sealed at the County of Marin. Dated the 25 th day of August y(�_ �y,�"'"wun,., tA�N S f E�YERrC'1, o`a- e GJ OP.POH•f 'Q a�>\a' a'.,,9. �`E ,,�GQ loco 4�y,r ` �a ' j%SEPT.I i Q �� � -=f ice= •� �S = SEAL'raE a —LJ N a �'• �� s . �{NGE Cog• °8•IAC co ,;.rirn,5'►o tZ '''�q„ ��•�„a` E "".d,.;..o,••• ResidentAmistant5ecr=2q 360791-11-98 ATTACHMENT 3 RCA OUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14662 and Accept the Public Improvements COUNCIL MEETING DATE: February 7, 2000 � .RCAATTACHMENTS S T TU. �. 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 Not Applicable EXPLANATION�FOR;MISSI'NG ATTACHMENTS" REVIEWED RE OR ;FO,',RWAR'DE 33 } Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATIO.N;;FOR;RETURV OF' ITEM: SpaceOnly) RCA Author: Bruce Crosby City of Hunt * ton Beach ' P 0 Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER April 30, 1998 VIA FACSIMILE AND U.S. MAIL American Motorists Insurance Company 777 San Marin Drive Novato, CA 94998 Re: Tract No. 14662 (PLC Land Co., formerly Seacliff Partners) w/s Huntington Street, n/o Main Street Gentlemen: This is to inform you that the City Council of the City of Huntington Beach, on November 3, 1997, approved to release the Faithful Performance Bond, Bond No. 3SM 886 088 00; Labor and Material Bond, Bond No. 3SM 886 088 00; and Monument Bond, Bond No. 3SM 886 085 00, for the above referenced tract. If you have any questions, please call 714 536-5200. Sincerely yours, Shari L. reidenrich SLF:lb Enclosures xc: Bill Holman, PLC Land Co. 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Daryl Smith, Acting Director of Public Works Connie Brockway, City Clerk Pat Lovelace, Sr. Deputy City Treasurer CITY OF HUNTINGTON BEACH MEETING DATE: November 3, 1997 DEPARTMENT ID NUMBER: PW 97-088 C'. Tires Council/Agency Meeting Held: //4`�9I Deferred/Continued to: W9, EJ'Approved ❑ Conditionally Appr ved ❑ Denied �p� City Clerk's Signature Council Meeting Date: November 3, 1997 Department ID Number: PW 97-088 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �L rn «��m SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator Oy T o can ' n�m PREPARED BY: eLWE'S M. JONES Wrector of Public Works SUBJECT: pprove the Release of Bonds and Subdivision Agreement for Tract No. 14662 (PLC Land Co.) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: PLC Land Co. has requested that their Bonds and Subdivision Agreement for Tract No. 14662 be released. Fundinq Source: Not applicable. Recommended Action: Motion to. Approve the release of PLC Land Co.'s Subdivision Agreement and Bond Nos. 3SM 886 088 00, 3SM 886 085 00 (Tract No. 14662), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, Instruct the City Clerk to notify the developer, PLC Land Co. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. 0028153.01 -2- 10/08/97 11:18 AM SQUEST FOR COUNCIL ACTT N U MEETING DATE: November 3, 1997 DEPARTMENT ID NUMBER: PW 97-088 Analysis: On August 4, 1997, the City Council approved the release of Seacliff Partners Subdivision Agreement and Bond Nos. 3SM 886 088 00, 3SM 886 085 00 (Tract No. 14662), the securities furnished for Faithful Performance/Labor & Material and Monuments respectively. In the same action, the City Council accepted the substitution of Greystone Homes, Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224 (Tract No. 14662) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively. Due to a typographical error, the name of the developer, Seacliff Partners was incorrect and should have been PLC Land Co. The City Clerk can not release PLC's bonds until this correction has been officially corrected. Following is a list of project data: Subdivider: PLC Land Co. 23 Corporate Plaza, #250, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan 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). Attachment(s): City Clerk's Page Number No. Description 1 Location Ma RCA Author: Bruce Crosby 0028153.01 -3- 10/08/97 11:18 AM ATTACHMENT 1 ao TR - 14662 cn 41. NOT TO SCALE O of a O cn GARFIELD AVENUE w of a z � O C � J CD W Z 2 ATTACHMENT N0.1 LOCATION MAP J, CITY . OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G:TR-14662 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Bonds and Subdivi ion Agreement for Tract No. 14662 PLC Land Co. COUNCIL MEETING DATE: November 3, 1997 RGA 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) 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 _ . . Space'EXPLANATION FOR RETURWOFITEM: Only) RCA Author: Bruce Crosby •, 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 COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: TO: a/f V,5-17)AIJC ZYO�Z� , ATTENTION: 'Name DEPARTMENT: Stre t REGARDING: xl� -er /4Z6 6 City,Sta e,Zip See Attached Action Agenda Item ZD Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. eex� & Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other�� Remarks: CC: N e Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:Followup/agrmts/transltr (Telephone:714.536-5227) (15) 09/15/97 - Council/Agency Agenda - Page 15 E-17. (City Council)Approval Of Grant Agreement Between The City Of Huntington Beach And The Huntington Beach Conference &Visitors Bureau Inc. (HBCVB) For Fiscal Year 1997/98 For Public Relations Services (600.10) - Approve and authorize execution by the Mayor and City Clerk of the Grant Agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau, Inc. (HBCVB) for a twelve month Agreement for a total of$190,000. Submitted by the Economic Development Director [Approved 6-0 (Julien: Absent)] E-18. (City Council) Bid Award - Nobest Inc., - Repair/Replacement Of Street Improvements Along Trident Lane, Catalina Circle & Castle Drive - MSC-389 - Approve Agreement (600.10) - 1. Accept the low bid submitted by Nobest Inc. for the repair/replacement of applicable street improvements along Trident Lane, Catalina Circle and Castle Drive; and 2. Approve a total project budget of $522,000. This amount includes $393,402 for contract work, $39,340 for any unanticipated Change Orders and $89,258 for incidental expenditures (i.e parkway trees, water meter boxes, manhole lids, etc.) and approve and authorize execution of the agreement. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-19. (City Council) Final Tract Map No. 14352 Of Tentative Tract Map No. 14352 - Plaza Almeria Subdivision - Between Main & Fifth Streets & Orange & Olive Avenues (420.60) - 1. Approve Final Tract Map No. 14352 and accept the offer of dedication and improvements and bonds (Developers Insurance Company) pursuant to findings and requirements (Attachment No. 1) as set forth in the Request for Council Action dated September 15, 1997; and 2. Approve the Subdivision Agreement between the City and J. T. Development Company. L.L.C. and authorize execution by the Mayor and City Clerk. Submitted by the Community Development Director [Approved 5-1 (Sullivan: No)(Julien: Absent)] E-20. (City Council) Declaration Of Conditions, Covenants And Restrictions For Property (Resale Restrictions) -Affordable Housing Covenants For Greystone Keys Project - Tract No. 14662 - (Seagate Drive - n/o Promenade Parkway -w/o Main Street) (420.60) - Approve and authorize execution of the [Declaration of Conditions Covenants and Restrictions for Property(Resale Restrictions)] (Affordable Housing Covenants) for the Greystone Keys Project Tract No. 14662 by the Mayor and City Clerk and direct the City Clerk to record with the Orange County Recorder(n/Garfield Avenue - w/Main Street- e/Gothard Street) Submitted by the Community Development Director [Adopted 6-0 (Julien: Absent)] (15) �JC IF-5c C . ,L/V 9 C 9 C K rn (15) � _n+ � 09/15/97 - Council/Agency Agenda - Page 15 E-17. (City Council) Approval Of Grant Agreement Between The City Of Huntington Beach And The Huntington Beach Conference &Visitors Bureau, Inc., (HBCVB) For Fiscal Year 1997/98 For Public Relations Services (600.10) -Approve and authorize execution by the Mayor and City Clerk of the Grant Agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau, Inc. (HBCVB) for a twelve month Agreement for a total of$190,000. Submitted by the Economic Development Director [Approved 6-0 (Julien: Absent)] E-18. (City Council) Bid Award - Nobest Inc., - Repair/Replacement Of Street Improvements Along Trident Lane, Catalina Circle & Castle Drive - MSC-389 - Approve Agreement (600.10) - 1. Accept the low bid submitted by Nobest Inc. for the repair/replacement of applicable street improvements along Trident Lane, Catalina Circle and Castle Drive; and 2. Approve a total project budget of$522,000. This amount includes $393,402 for contract work, $39,340 for any unanticipated Change Orders and $89,258 for incidental expenditures (i.e parkway trees, water meter boxes, manhole lids, etc.) and approve and authorize execution of the agreement. Submitted by the Public Works Director [Approved 6-0 (Julien: Absent)] E-19. (City Council) Final Tract Map No. 14352 Of Tentative Tract Map No. 14352 - Plaza Almeria Subdivision - Between Main & Fifth Streets & Orange & Olive Avenues (420.60) - 1. Approve Final Tract Map No. 14352 and accept the offer of dedication and improvements and bonds (Developers Insurance Company) pursuant to findings and requirements (Attachment No. 1) as set forth in the Request for Council Action dated September 15, 1997; and 2. Approve the Subdivision Agreement between the City and J. T. Development Company. L.L.C. and authorize execution by the Mayor and City Clerk. Submitted by the Community Development Director [Approved 5-1 (Sullivan: No)(Julien: Absent)] q/18M_7 E-20. (City Council) Declaration Of Conditions, Covenants And Restrictions For Property (Resale Restrictions) - Affordable Housing Covenants For Greystone 2 Keys Project - Tract No. 14662 - S aq (420.60) - Approve and authorize execution e [Declaration of Conditions L Covenants and Restrictions for Property(Resale Restr� tions)] (Affordable Housing Covenants) for the Greystone Keys Project Tract No. 14662 by the Mayor and City C er ^'�a and direct the City Clerk to record with the Orange Co my Recorder (n/Garfield Ave ue P - w/Main Street - e/Gothard Street) Submitted bt� ommunit Develo ment Dire or [Adopted 6-0 (Julien: Absent)] � r/ i. CITY OF HI. NTI GT N 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 COUNCIUREDEVELOPti4ENT AGENCY APPROVED ITEM DATE: TO: �'/('�yS��1/� l�Orl'IC S . TlVC ATTENTION: / Dew �5 DC�r Name MT Abq z/z? DEPARTMENT: Street Q/EVV1'00i27T ,C3Cff('�/f ('f. 9���l1 REGARDING: City,State,Zip See Attached Action Agenda Item Date of Approval 9 �L,?7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. &Xx't� Connie Brockway Citv Clerk Attachments: Action Agenda Page/ Agreement_� Bonds Insurance RCA Deed Other ea& 4 772 1e 7Z) /eEeo,ev.�,� Remarks: /n�_ ,4C Ti O/V CC: /� ,-LD/V C�/YI . ,DcV ✓ /3G'E/VQ,q N e Department RCA Agieement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy G:FolloN%up,/a grmts'transltr 00 CITY OF H NTI GTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September, 23, 1997 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 Greystone Homes, Inc. 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 copies of the documents and return to this office in the enclosed self-addressed stamped envelope. 6XX'4l � 1411"Ir Connie Brockway, CMC City Clerk Enclosures: Two Declaration Of Conditions, Covenants and Restrictions For Property Final Tract Maps 14662, Seagate Drive, n/o Promenade Parkway - w/o Main Street G:\follonvp\deedltr:Greystone 1,2:jc (Telephone: 714-536-5227) �?7 Council/Agency Meeting Held: 9 /S -el",&o Deferred/Continued to: U'Approved ❑ Conditionally Approved ❑ Denied 44eu;5 City CI rk's Signature Council Meeting Date: September 15, 1997 Department ID Number: CD 97-50 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C= SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS .1�,,rn . ...1 r: �0 s x SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator —/--- PREPARED BY: MELANIE S. FALLON, Community Development Director`s SUBJECT: AFFORDABLE HOUSING COVENANTS FOR GREYSTONE KEYS PROJECT (TRACT NO. 14662) - IFstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration are two affordable housing covenants for the Greystone Keys Project, currently being constructed by Greystone Homes. The covenants would ensure that 23 of the 150 units in the project are available to moderate income households for a 30 year period pursuant to the Holly Seacliff Affordable Housing Plan. Staff recommends approval of the covenants because they are 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: Motion to: "Approve and authorize execution of the affordable housing covenants for the Greystone Keys Project (Tract 14662) 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 covenants for Greystone Keys and direct staff accordingly." REQUEST FOR COUNCIL ACTION MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: CD 97-50 Analysis: A. PROJECT PROPOSAL: Applicant: Greystone Homes Location: Seagate Drive, north of Promenade Parkway, west of Main Street. The Greystone Keys project (Tract 14662) is required to provide 23 of its 150 homes as affordable to moderate income households for a period of 30 years, pursuant to the Holly Seacliff Affordable Housing Plan and to the Consent for Sale of the project from Shea Homes to Greystone Homes. The applicant has identified the 23 lots for the affordable homes as presented in the legal descriptions attached to the covenants. The applicant proposes to divide the requirement between two covenants to allow for greater flexibility if it needs to switch which homes would be affordable. Based on current buyer interest, the applicant is confident that the 13 lots identified in the covenant in Attachment No. 1 would not need to be changed. However, the covenant in Attachment No. 2 refers to 10 lots that would be available in future production phases and may require modification. The applicant intends for both covenants to be recorded upon approval; there are buyers currently in escrow for nine of the lots identified in Attachment No. 1. 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 for a period of 30 years. The affordable homes must be for-sale and be located within Holly Seacliff. The Consent for Sale of the Greystone Keys project to Greystone Homes included a condition that clarified the affordable housing requirement for the developer and allowed for a phasing plan of the affordable homes over the life of the project. The affordable housing covenants are in compliance with the requirements for the project and meet the objectives of the Holly Seacliff Specific Plan. The covenants are based on the covenant template previously approved by the City Council and have been reviewed and approved by the City Attorney. Staff recommends the City Council approve the affordable housing covenants 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. CD97-50.130C -2- 09/05/97 2:43 PM REQUEST FOR COUNCIL ACTION MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: CD 97-50 Attachment(sl: NumberCity Clerk's Page 1. Affordable Housing Covenant 2. Affordable Housing Covenant 3. Greystone Keys Site Plan CD97-50.DOC -3- 09/05/97 2:43 PM 1,«yyy " .,T a x �3. ------. ..�� r,,,y, I ,.....�.�✓,„: - .,r,.;,.it - .yax;,u,a3 ;;:-"r. �._—".. .::. ..: ..:.:_�:... -�,:----.:_,¢�s,rd�: -rm'---;.--- `• '91�i�`i�,'+9sNs�.?.,�HF�„xnr,:ra;.-:.- ..�_aa-,.u..,—..._,..wau,mru„� v5aio,asim ....,R}^. 3b„w�P3x - '•�„�;:..:=rc'x�dwx'»t�_-,..,,,,,,,,,,,,,, >-. ,»;;:,5,u...ro��.�;<.x.a'.... ♦ t RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Recoroed in the county of Orange, California CONNIEBROCXCW YCITYCLERX Gary L. Granville, Clerk/Recorder CIT-Y OF P O BOX g l� No Fee o M.AINS' 7REE . I II II I I I I I II IIIIII I III IIII I III III IIIIIIII HUNVNG70NBE.ACHCA 92648 19970498879 11 , 14am 10/07/97 005 21004688 21 30 D02 8 6.00 21 .00 0.00 0.00 0.00 0.00 (Space above for Recorder's Use) 611 DECLARATION OF CONDITIONS, COVENANTS y AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) ("Declaration") is made by and between , c °' GRtYSTONE HOMES INC. a Delaware corporation ("Covenantor") and THE ',, CITY OF HUNTINGTON BEACH, a California municipal corporation ("City" or "Covenantee") , as of the date set forth below. U R E C I T A L S• r KA. Covenantor is the owner of certain real property ("Property") K 5, in the City of Huntington Beach, County of Orange, State of California, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Property is a portion of the real property subject to the Holly-Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners Properties approved by the Huntington Beach City Council on m � February 28, 1994, as such plan may be amended from time to time � 0 `� ("Affordable Housing Plan") . Declarant is recording this Declaration F. � a o 0 in accordance with the requirements of the Affordable Housing Plan. 00 O O 0 Or U U Fi N . b NOW, THEREFORE, the parties hereto agree and covenant as follows: 0 0 .a Q �4 V' N 00 1. Affordability Covenants. Covenantor agrees for itself, and m c� > 4. 4) r, o N pits successors and assigns, and every successor to Covenantor's Q o s, Z interest in the Property, or any part thereof, that until the 0 O jFxpiration Date (as defined below) : U ri •.i O b o (a) The Property shall only be owned and occupied by m 4 mCovenantor or by persons or families of "Moderate Income". "Moderate �, 0 0 ancome" shall mean persons, families or households earning a total H 0 0 am °gross income of between eighty percent (80%) and one hundred twenty APPROVED AS TO FORM: GAIL HUTTON,,, City Attorney _ :\REAL\622\16396015\AFFORDRE.RV1 By-,; Deputy.City Attorney :,� F: rev 07/11/97 percent (120%) of the Median Income as adjusted for appropriate family or household size. "Median Income" shall mean the most current median income figure for Orange County, California, as published by the United Sates Department of Housing and Urban Development. (b) The Property may not be sold (or resold) to any party other than a natural person(s) , family or household for a gross sales price which is affordable to a Moderate Income household. The permitted gross sales prices of the Lots shall be as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published by the City for such purpose from time to time; such permitted gross sales prices of the Lots shall be referred to as the "Affordable Housing Cost" . (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 as to each Lot within the Property upon the date ("Expiration Date") which is thirty (30) years from the date a certificate of occupancy is granted for the Property by the City. 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 Community Development Director of the City such information and completed such forms as the City shall request to certify the proposed purchaser's intent with respect to its residency of the Property and its gross income, 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 Community Development Director of the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying may only sell the Property 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 Property 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 Community Development Director of the City in connection with the Covenantor's original sale of the Property, provided that the Covenantor shall not be obligated to incur any out- of-pocket costs in connection therewith, other than employee time 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 `F:\REAL\622\16396015\AFFORDRE.RV1 2 rev 07/11/97 r 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 IS 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 AGENCY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COST. C. Covenantor's 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 as to the Property upon the Expiration Date for such Lot. 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, lessees, 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 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 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, lessees, subtenants, sublessees, 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 them, that this lease is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation 'F:\REAL\622\16396015\AFFORDRE.RV1 3 ! rev 07/11/97 of, any person or group of persons on account of race, color, religion, sex, marital status, national origin or ancestry 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, national origin or ancestry 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, sublessees, subtenants, 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 City and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, 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 cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term specified for such covenants, except the covenants against discrimination set forth in Section 3 of this Declaration which may be enforced at law or in equity at any time in perpetuity. F:\REAL\622\16396015\AFFORDRE.RV1 4 i rev 07/11/97 IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by th 'r re tiv office s hereunto duly authorized, this � _ day of , 1 . COVENANTOR: COVENANTEE: GREYSTONE HOMES, . , THE CITY OF HUNTINGTON BEACH, a Delaware -o tion a California municipal corporation By: Its• r Mayor By: ATTES : Its• City Clerk U APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: REVIEWED AND APPROVED: Director o City Administrator Community Development 5 F:\REAL\622\16396015\AFFORDRE.RV1 rev 07/11/97 STATE OF CALIFORNIA 1 ss: COUNTY OFG1- � ) On , 19'1 rbefore me, , personally appeared personally known to me OR t 1 proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i SANGELA ROSS COMM.#1088780 NOTARY PUBLIC-CALIFORNIA p ORANGE COUNTY �? Signat11f° ) Commission E>�irfjs Februar�23,2000 i rrhia area for official notarial Seal) Capacity Claimed by Signer: _Individual, ,Corporate Officer(s), Partner(s)---Limited General, Attorney-in-Fact, —Guardian/Conservator, _Other STATE OF CALIFORNIA ) ss: COUNTY'OF ) On , 19 , before me, ,personally appeared [ l personally known to me OR [ l proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Thin area for official notarial Sad) Capacity Claimed by Signer: _Individual, Corporate Officer(s), _Partner(s)--_Limited General, _Attorney-in-Fact, —Guardian/Conservator, _Other F:\REAL\622\16396015\AFFORORE.RVl rev 07/11/97 J CALIFORNIA ALL-PURPOaE ACKNOWLEDGMENT State of �2i'Li ice County of On I8, lW 7 before me, 42Wt-, , lvez en Date Name and Title of Officer(e.g.,"Jane Doe,Notary blic") personally appeared Cc4l'—d 4�7t e� Name(s)of Signer(s) personally known to me— to be the personr(�ED whose name(pis4osubscribed to the within instrument and acknowl=thei me that hefs#e�executed the same in uthorized capacity es and that by moist -ritsignature(aon the instrument the person(o or the entity upon behalf of which the personp) acted, LAURA A.N�W" executed the instrument. Commission# 066263 •m Notary Public—Capfornia Orange County WITNESS my and and official seal. My Comm.E)pIres Jul 23,19W Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �t— /�� Title or Type-of Document: bec4�� t` l:�j�, �r.4lt✓Ps 2�/4'ali-1 _/W_ pn �i2ctQ:eG �frce�/'t.dn.,' ��,�ySfa�,e�-rn.ed Document Date: ���/9 7 Number of Pages: Signer(s) Other Than Named Above: reNs�a��l`� 1 Capacity(ies) Claimed by-Si ner(s) Signer's Name: 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 ❑ Guardian or Conservator 'Other: ✓ Top of thumb here Other: thumb here Signer Is Representing: Signer Is Representing: IL 'Ir. 0 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 e LEGAL DESCRIPTION OF THE PROPERTY All that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Lots 17, 18, 23, 24, 36, 37, 50, 51, 105, 114 and 115 of Tract No. 14662, as shown on a Map recorded in Book 724,at Pages 16 to 21, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder. Parcels 9 and 10 as shown on Exhibit "B" to that certain Lot Line Adjustment No. LL97-64 recorded August 27, 1997 as Instrument No. 19970417283, in the Official Records of Orange County, California. EXHIBIT A F:\REAL\622\16396015\AFFORDRE.RV1 rev 07/11/97 Page 2 of 6 TT -#14662 TENTATIVE TRACT NO. 14662 (RD 412) LOT # ADDRESS 1 7626 Park Bay Drive 2 7632 Park Bay Drive 3 7636 Park Bay Drive 4 7642 Park Bay Drive i 5 7641 Park Field Circle 6 7635 Park Field Circle 7 7631 Park Field Circle 8 7625 Park Field Circle 9 7621 Park Field Circle I S 9 -q-7 2-- O ej 10 7615 Park Field Circle 152) -1 Z- 0(0 11 18741 Park Haven Lane 12 - 18745 Park Haven Lane 13 18751 Park Haven Lane 14 18755 Park Haven Lane 15 18761 Park Haven Lane 16 18765 Park Haven Lane 17 18771 Park Haven Lane_ 18 18775 Park Haven Lane 1S9 _y- 2_ 1` 4 19 18781 Park Haven Lane 20 7616 Park Path Drive 21 7622 Park Path Drive 22 7626 Park Path Drive 23 7632 Park Path Drive 9 24 7636 Park Path Drive �5�9 _ Lf-7 ? 25 7642 Park Path Drive 26 7646 Park Path Drive 27 7652 Park Path Drive S� S Page 3 of 6 TT #14662 LOT # ADDRESS 28 18776 Park Brook Lane 29 18772 Park Brook Lane 30 18766 Park Brook Lane 31 18762 Park Brook Lane 32 18756 Park Brook Lane 33 18752 Park Brook Lane 34 18746 Park Brook Lane 35 18745 Park-Brook Lane 36 18751 Park Brook Lane �S�q - Q 7'2 37 18755 Park Brook Lane Z- 38 18761 Park Brook Lane 39 18765 Park Brook Lane 40 18766 Park Haven Lane 41 18762 Park Haven Lane 42 18756 Park Haven Lane 43 18752 Park Haven Lane 44 18746 Park Haven Lane 45 7695 Park Field Circle 46 7691 Park Field Circle 47 7681 Park Field Circle 48 7675 Park Field Circle 49 7671 Park Field Circle 50 7665 Park Field Circle -7 Z-- 3 51 7661 Park Field Circle L4-1 2 — 52 7655 Park Field Circle 53 7651 Park Field Circle 54 7652 Park Bay Drive 55 7656 Park Bay Drive 56 7662 Park Bay Drive 57 7666 Park Bay Drive 58 7672 Park Bay Drive 59 7676 Park Bay Drive 60 7682 Park Bay Drive 61 7686 Park Bay Drive Page 4 of 6 TT #14662 LOT # ADDRESS 62 18672 Park Meadow Lane 63 18666 Park Meadow Lane 64 18662 Park Meadow Lane 65 18656 Park Meadow Lane 66 18652 Park Meadow Lane 67 18646 Park Meadow Lane 68 18642 Park Meadow Lane y-7 -4 3LP 69 18636 Park Meadow Lane )5-q - c f'7 t-t 3 r5 70 18632 Park Meadow Lane 71 18626 Park Meadow Lane 72 18622 Park Meadow Lane 3Z 73 18616 Park Meadow Lane 74 8612 Park Meadow Lane 75 18606 Park Meadow Lane 76 _ 18602 Park Meadow Lane 77 18596 Park Meadow Lane i �� Ll 78 18592 Park Meadow Lane 79 18586 Park Meadow Lane F 80 7685 Park Forest Drive 81 7681 Park Forest Drive 82 7675 Park Forest Drive 83 7671 Park Forest Drive 84 7665 Park Forest Drive 85 7661 Park Forest Drive 86 7655 Park Forest Drive 87 7651 Park Forest Drive 88 7645 Park Forest Drive 89 7641 Park Forest Drive 1!0' .Lf'7Ll j 90 7635 Park Forest Drive 91 7631 Park Forest Drive 92 7625 Park Forest Drive 93 7621 Park Forest Drive 94 7615 Park Forest Drive Page .5 of 6 TT #14662 LOT # ADDRESS 95 18591 Park Ridge Lane . 96 18595 Park Ridge Lane 97 18601 Park Ridge Lane 98 18605 Park Ridge Lane 99 18611 Park Ridge Lane r 100 18615 Park Ridge Lane 101 18621 Park Ridge Lane 102 18635 Park Ridge Lane 103 18631 Park Ridge Lane 104 18635 Park Ridge Lane 105 18641 Park Ridge Lane )�fo� y-7 *106 *$Eft Park Ridge Lane 18645 -_ 107 18651 Park Ridge Lane 108 18655 Park Ridge Lane 109 18661 Park Ridge Lane 110 18665 Park Ridge Lane 111 18671 Park Ridge Lane 112 18626 Park Ridge Lane 113 18622 Park Ridge Lane 114 18616 Park Ridge Lane 1s�9 _ 4-7�.�._ (e Cp 115 18612 Park Ridge Lane 15� _ ��-7 116 18606 Park Ridge Lane 117 18602 Park Ridge Lane r 118 18601 Park Glen Lane 119 18605 Park Glen Lane 120 18611 Park Glen Lane 121 18615 Park Glen Lane 01 _ L f-7-f° 51 122 18621 Park Glen Lane 123 18625 Park Glen Lane 124 18646 Park Glen Lane 125 18642 Park Glen Lane 126 18636 Park Glen Lane 127 18632 Park Glen Lane Page 6 of 6 TT. #14662 LOT # ADDRESS 128 18626 Park Glen Lane 129 18622 Park Glen Lane 130 18616 Park Glen Lane 131 18612 Park Glen Lane 132 18606 Park Glen Lane 133 18602 Park Glen Lane �S'oj _ cr(-7 L1 134 18601 Park Meadow Lane y 135 18605 Park Meadow Lane 136 18611 Park Meadow Lane 137 - 18615 Park Meadow Lane 138 18621 Park Meadow Lane 139 18625 Park Meadow Lane 140 18631 Park Meadow Lane 141 13635 Park Meadow Lane 142 18641 Park Meadow Lane 143 18645 Park Meadow Lane 144 7771 Park Bay Drive 145 7765 Park Bay Drive 146 7761 Park Bay Drive 147 7755 -Park Bay Drive 148 7751 Park Bay Drive 149 7745 Park Bay Drive 150 7741 Park Bay Drive r SM:ghg f .....+�3�.Y.•33i l�. >y�. ,+«.,.,q� ,ram_,;..:;,.r=r... ',�;•__"' <��1 ...:.. .:.:..:.� ..:.- aza;.,....,., ...-„ >.�. � .,.,�• ,:,:,,+. �' •,,., .,. �' :33,a+i, v#r_'•. i'33a+y��a ""� �'�ai%i3?��'�;::;,�:....: - "• ..,.;M.,3 ,..b ,�„���... .: �� ::3:3£i:- ...x.x.. 3?33•��?'�;'3 3 ��-`�.y'f%"'fr,; .� ',y��T3'u,»rmn, j•,,,,.,4,JOff,.� � �-��----.-.x.. .. 'u�3'„t3x� ;' ,,.� nc,,,yyg, t. n3r »n .�,......�.-„a-,.,�...... ...... ..... ..:.'» ..... ...3....,333 ..-xx-xx.:e-sam :.q9•r3 7M,�'fi:fir� ........... ...r,^?y;,, ... ...+.,3„•r,.+.,,,,,;.,33, ,3,•3++3,',,,rr..:•, xx-- sr. ... a' .�-. - „�r�`,,. 3 $ ^.,.;;,... 3'333ff+3A3,3333,333,;,.•3%,'+,r _..' ,3,�d�i,�3 �n',''+3,r..; , „r.,xx:xx x,� ...,.m3 ..+.... +....+ ...,+++�.a... ,..,r, ..y+..+,3,3 3.3.3++33..+3..++.,+.+ .r x- N333..,• ;.....`;�� �93++3r+.:. M .....,. ... ,., ......, f -r .,,,3333+;-,'e+:«mrurwvreo ..:.. ..........3„33,,,333r,.,rrr•.. •. .......,�`...<_.. n. 3 ..,..i�l.-il ._, aye ..r�,yrx:•. ,mT3�, r .r' RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Recorded in the County of Orange,Gary L. Granville California CONNIE BROC,7CbV.Alf CITYCLER9C /RecoNo Fee CITV OFHuN77NGTONBEAC9-f 19970498878 11; 14am 10/07/97 P O BOX 19ol2000 MAINS7REEI 005 21004688 21 30 HUNTING,rONBE2lCHcA 9264.8 D02 8 6,00 21 .00 0.00 0.00 0.00 0.00 (Space above for Recorder's Use) DECLARATION OF CONDITIONS, COVENANTS U� AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) m Y THIS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (RESALE RESTRICTIONS) ("Declaration") is made by and between GREYSTONE HOMES, INC. , a Delaware corporation ("Covenantor") , and THE vz Y CITY OF HUNTINGTON BEACH, a California municipal corporation ("City" or 5z , 5 "Covenantee") , as of the date set forth below. 9 � c> n._ ` °' R E C I T A L S• KO U - - - - - - - - A. Covenantor is the owner of certain real property ("Property") M. C) m in the City of Huntington Beach, County of Orange, State of California, more particularly described on Exhibit A attached hereto and incorporated herein by this reference. B. The Property is a portion of the real property subject to the Holly-Seacliff Specific Plan Affordable Housing Plan for ,,Seacliff .0 y, Partners Properties approved by the Huntington Beach City Council on ti ( " b a February 28, 1994, as such plan may be amended from time to time 0, " 0 0, 0 ("Affordable Housing Plan") . Declarant is recording this Declaration 0,4- 0 in accordance with the requirements of the Affordable Housing Plan. 0 o NOW, THEREFORE, the parties hereto agree and covenant as follows: �+. 0 1. Affordability Covenants. Covenantor agrees for itself, and 0 � t ±0 Wits successors and assigns, and every successor to Covenantor's n V; M ainterest in the Property, or any part thereof, that until the o C5 i8 a+Ex iration Date as defined below) : w w cl m 0 (a) The Property shall only be owned and occupied by k-4 o ° A u) wCovenantor or by persons or families of "Moderate Income" . "Moderate Income" shall mean persons, families or households earning a total gross income of between eighty percent (80%) and one hundred twenty APPROVED AS TO FORPAttorney City , F:\REAL\622\16396015\AFFORDRE.RV1 GAIN HUT10N.,,, rev 07/11/97 By eputy City Attorney '- r . °� percent (120%) of the Median Income as adjusted for appropriate family or household size. "Median Income" shall mean the most current median income figure for Orange County, California, as published by the United Sates Department of Housing and Urban Development. (b) The Property may not be sold (or resold) to any party other than a natural person(s) , family or household for a gross sales ;price which is affordable to a Moderate Income household. The ,permitted gross sales prices of the Lots shall be as set forth in the Affordable Housing Price/Income Guidelines or successor guidelines published by the City for such purpose from time to time; such permitted gross sales prices of the Lots shall be referred to as the "Affordable Housing Cost" . (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 as to each Lot within the Property upon the date ("Expiration Date") which is thirty (30) years from the date a certificate of occupancy is granted for the Property by the City. 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 Community Development Director of the City such information and completed such forms as the City shall request to certify the proposed purchaser's intent with respect to its residency of the Property and its gross income, 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 Community Development Director of the City an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying may only sell the Property 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 Property 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 Community Development Director of the City in connection with the Covenantor's original sale of the Property, provided that the Covenantor shall not be obligated to incur any out- of-pocket costs in connection therewith, other than employee time 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 F:\REAL\622\16396015\AFFORDRE.RV1 2 rev 07/11/97 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 IS 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 AGENCY AND THIS DECLARATION IS TO PROVIDE HOUSING TO ELIGIBLE PERSONS OR FAMILIES AT AN AFFORDABLE HOUSING COST. Covenantor's 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 as to the Property upon the Expiration Date for such Lot. 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, lessees, 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 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 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, lessees, subtenants, sublessees, 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 them, that this lease is made and accepted upon and subject to the following conditions: There shall be no discrimination against or segregation F:\REAL\622\16396015\AFFORDRE.RV1 3 rev 07/11/97 of, any person or group of persons on account of race, color, religion, sex, marital status, national origin or ancestry 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, national origin or ancestry 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, sublessees, subtenants, 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 City and such covenants shall run in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. .The City, 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 cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term specified for such covenants, except the covenants against discrimination set forth in Section 3 of this Declaration which may be enforced at law or in equity at any time in perpetuity. F:\REAL\622\16396015\AFFORDRE.RV1 4 rev 07/11/97 IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf by their respectiv Officershereunto duly authorized, this day of , 1 COVENANTOR: COVENANTEE: GREYSTONE HOMES IN .-,-� THE CITY OF HUNTINGTON BEACH, a Delaware cor ation- a California municipal corporation By: Its: i r Sl e Mayor By: 01 ATTEST Its• Asti City Clerk APPROVED AS TO FORM: /CSC j City Attorney Y1g7 INITIATED AND APPROVED: REVIEWED AND APPROVED: Director of ity Administrator Community Development 5 F:\REAL\622\16396015\AFFORDRE.RV1 rev 07/11/97 STATE OF CALIFORNIA ► 1 ss: COUNTY OF / ► On .� `�"/�� 94?-&efore me, rsonally appeared P-1/1 personally known to me OR [ ) proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i ANGELA ROSS '~ COMM.#1088780 �i��1 A ) NOTARY PUBLIC-CALIFORNIA 4�4" //� ORANGE COUNTY Signature j M Commission E1glires FebruarL 3.2000 I (Tfue'area for official notarial Seal) Capacity Claimed by Signer: _Individual, _Corporate Officer(s), _Partner(s)--_Limited _General, —Attorney-in-Fact, —Guardian/Conservator, _Other STATE OF CALIFORNIA ) ss: COUNTY OF ► On , 19_, before me, , personally appeared [ ) personally known to me OR [ ] proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (rNs area for official notarial Seal) Capacity Claimed by Signer: _Individual, _Corporate Officer(s), _Partner(s)--_Limited General, Attorney-in-Fact, Guardian/Conservator, Other F:\REAL\622\16396015\AFFORDRE.RV1 rev 07/11/97 CALIFORNIA ALL-PURP09 ACKNOWLEDGMENT T State of C�th'l2c LL County of a-�� `-' On x g:,y- �,� /e. l`l�7 before me, Date Name and Title of Officer(e.g.,"ane Doe,Notary lic") personally appeared Name(s)of Signer(s) personally known to me-OR e to be the person whose name( 4 r�subscribed to the within instrument and acknowledged to me that-hefs#e4!!D executed the same in hi +&F o authorized capacity(,and that by #ai9A signature(gon the instrument the persona, Commissionsslon#1 y upon p tmURA NELSON or the entity behalf of which the erso acted, 066263 $ _s Notary Public—cdtonYO executed the instrument. e orange County myComm EVIM M23•1999 WITNESS m hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: �l s/mil ') Number of Pages: I Signer(s) Other Than Named Above: &,-44f #,Fy e re",.6'- ir�1ss •5�� --Y 7�.Gtax, Capacity(ies) Claimed by Signer(s) T. �P%� a. a � Signer's Name: Signer's Name: 4/'-A/f�" ,�IZDCk-40f►c/ ❑ 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 Consprvator -- `;_-] Other: { Top of thumb here >9 Other: 6 L Top of thumb here Signer Is Representing: = Signer Is Representing: �'� - �LVQ4 , ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 LEGAL DESCRIPTION OF THE PROPERTY All that certain real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Lots 68, 69, 72, 73 , 76, 77, 89, 121, 133 and 137 of Tract No. 14662, as shown on a Map recorded in Book 724, at Pages 16 to 21, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder. 'F:\REAL\622\16396015\AFFORDRE.RV1 EXHIBIT A rev 07/11/97 Page 2 of 6 TT #14662 TENTATIVE TRACT NO. 14662 (RD 412) LOT ADDRESS 1 7626 Park Bay Drive 2 7632 Park Bay Drive 3 7636 Park Bay Drive 4 7642 Park Bay Drive i 5 7641 Park Field Circle 6 7635 Park Field Circle 7 7631 Park Field Circle 8 7625 Park Field Circle 9 7621 Park Field Circle 15'9 -K Z-- O r� 10 7615 Park Field Circle Z- o(r 11 18741 Park Haven Lane 12 - 18745 Park Haven Lane 13 18751 Park Haven Lane 14 18755 Park Haven Lane 15 18761 Park Haven Lane 16 18765 Park Haven Lane 17 18771_Park Haven Lane_ I�� -4-1 2-_ 1� 18 18775 Park Haven Lane 159 -y . 19 18781 Park Haven Lane 20 7616 Park Path Drive 21 7622 Park Path Drive 22 7626 Park Path Drive 23 7632 Park Path Drive 24 7636 Park Path Drive �`�c1 _ y-7 _ �O 25 7642 Park Path Drive 26 7646 Park Path Drive 27 7652 Park Path Drive Page 3 of 6 TT #14662 LOT # ADDRESS 28 18776 Park Brook Lane 29 18772 Park Brook Lane 30 18766 Park Brook Lane 31 18762 Park Brook Lane 32 18756 Park Brook Lane 33 18752 Park Brook Lane 34 18746 Park Brook Lane 35 18745 Park-Brook Lane 36 18751 Park Brook Lane Q-7'2 --`{ 37 18755 Park Brook Lane N -7 Z_ LJ 1 38 18761 Park Brook Lane 39 18765 Park Brook Lane 40 18766 Park Haven Lane 41 18762 Park Haven Lane 42 18756 Park Haven Lane 43 18752 Park Haven Lane 44 18746 Park Haven Lane 45 7695 Park Field Circle 46 7691 Park Field Circle 47 7681 Park Field Circle 48 7675 Park Field Circle 49 7671 Park Field Circle 50 7665 Park Field Circle 1!5,9 - 51 7661 Park Field Circle -1 Z _ 52 7655 Park Field Circle 53 7651 Park Field Circle 54 7652 Park Bay Drive 55 7656 Park Bay Drive 56 7662 Park Bay Drive 57 7666 Park Bay Drive 58 7672 Park Bay Drive 59 7676 Park Bay Drive 60 7682 Park Bay Drive 61 7686 Park Bay Drive Page 4 of 6 TT #14662 LOT # ADDRESS 62 18672 Park Meadow Lane 63 18666 Park Meadow Lane 64 18662 Park Meadow Lane 65 18656 Park Meadow Lane 66 18652 Park Meadow Lane 67 18646 Park Meadow Lane 68 18642 Park Meadow Lane -7 -4 -3�n 69 18636 Park Meadow Lane cl-7 L- _ 3 cj 70 18632 Park Meadow Lane 71 18626 Park Meadow Lane 72 18622 Park Meadow Lane 32- 73 18616 Park Meadow Lane 3 74 8612 Park Meadow Lane 75 18606 Park Meadow Lane 76 18602 Park Meadow Lane 77 18596 Park Meadow Lane 78 18592 Park Meadow Lane 79 18586 Park Meadow Lane 80 7685 Park Forest Drive 81 7681 Park Forest Drive 82 7675 Park Forest Drive 83 7671 Park Forest Drive 84 7665 Park Forest Drive 85 7661 Park Forest Drive 86 7655 Park Forest Drive 87 7651 Park Forest Drive 88 7645 Park Forest Drive 89 7641 Park Forest Drive /!A _uj 7Ll 90 7635 Park Forest Drive 91 7631 Park Forest Drive 92 7625 Park Forest Drive 93 7621 Park Forest Drive 94 7615 Park Forest Drive Page 5 of 6 TT #14662 LOT # ADDRESS 95 18591 Park Ridge Lane 96 18595 Park Ridge Lane 97 18601 Park Ridge Lane 98 18605 Park Ridge Lane 99 18611 Park Ridge Lane 100 18615 Park Ridge Lane 101 18621 Park Ridge Lane 102 18635 Park Ridge Lane 103 18631 Park Ridge Lane 104 18635 Park Ridge Lane 105 18641 Park Ridge Lane S� c�-� 3 022 *106 Park Ridge Lane 28645 107 18651 Park Ridge Lane 108 18655 Park Ridge Lane 109 18661 Park Ridge Lane 110 18665 Park Ridge Lane 111 18671 Park Ridge Lane 112 18626 Park Ridge Lane 113 18622 Park Ridge Lane 114 18616 Park Ridge Lane �s�n ._ -7 4 115 18612 Park Ridge Lane -7 116 18606 Park Ridge Lane 117 18602 Park Ridge Lane 118 18601 Park Glen Lane 119 18605 Park Glen Lane 120 18611 Park Glen Lane 121 18615 Park Glen Lane 122 18621 Park Glen Lane 123 18625 Park Glen Lane 124 18646 Park Glen Lane 125 18642 Park Glen Lane 126 18636 Park Glen Lane 127 18632 Park Glen Lane ~ Page 6 of 6 TT #14662 LOT # ADDRESS 128 18626 Park Glen Lane 129 18622 Park Glen Lane 130 18616 Park Glen Lane 131 18612 Park Glen Lane 132 18606 Park Glen Lane 133 18602 Park Glen Lane 134 18601 Park Meadow Lane 135 18605 Park Meadow Lane 136 18611 Park Meadow Lane 137 - 18615 Park Meadow Lane 138 18621 Park Meadow Lane 139 18625 Park Meadow Lane 140 18631 Park Meadow Lane 141 18635 Park Meadow Lane 142 18641 Park Meadow Lane 143 18645 Park Meadow Lane 144 7771 Park Bay Drive 145 7765 Park Bay Drive 146 7761 Park Bay Drive 147 7755 -Park Bay Drive 148 7751 Park Bay Drive 149 7745 Park Bay Drive 150 7741 Park Bay Drive SM:ghg x:.....:. Ai" �. tt3}fi t3333...............',,,tea, ` x. z .},,... Yv,��.:�_-....,.»>� x.. ... x...x.......:.. .. .' ., €, ,;, ...a:..7:�Y7' }:^•;yp;�p}y rr,sm iia}xm �zaYn t,,ry•„ ;tjjt ,3333j�, � :=., t;.�»,,t spr, .. ....t, mm .t t. .. ,., , tt ;*::..::}x'm' �-xxx:.=::x:=.-x}x.:-i�}'x:'�'=,_ ,�.,t,.,.•..:.R': -•ten» .......�xa�x.-, ./...•.,;.,��.IN' .. ..t,.t...a...t..... � ;•�j�ii�j3: .,.t,t s;:n,,,,.....tt te�smz:,,••. .......tumnt%mxa `�3.i8'wiz.,,a.�iei,;sz,.,+C�ttmea,rt^reP ... .. iY »t .ttg��, }-�- -,<_,., ,,,, ,,,,,»,,S�».ri,�,., Y.ti33„•.,'^'pit n.;•,�'e::�>:.. ,,,'.awmm tifljytttN3f37�IKY71Y m}�°.�..-..-•._°..--� r` J h _ O m £DINM WARNER STATER A TAISM E ITS O GARFIEi.i> YORKTOWN � AMS /INDLewous EL IS 'Q -�•� / An ANTA HAMUZON SITE IOC 910N BANNING GARFIELD / • TT 14662 1RI M-MMGTON BEACH PLANNING DMSTON i / .. ! i / : • ./'��aft � I• .. R /R T ! 11,�'�'' 1•�. V• 1 +' .. \,(' .rALO GATT/ .ER/Rt OATI NWR! •.fVIwwNO rool -- - •- �, \ `t�Y .aIOOtE .&RTar MORIIYExranON .IPA*,. t •ERrr oArEE .ResTAooEn // ` \ �•7 '!.— ......SHOWED rAVEIY .TOr•LOf- T 1..r ,�..... .. ., , ..f 1-f f ,h-i—. .f -i 11_Y_I._T_j..yr T�7__ •1_�--•.—�'f-1-7 +-1._i-11 -F-1 .i...l, TURF PLAY APIA NJ / d Asrrcn I La • N tTNEET ' REratET .J _ ...1 (_, GUST raaawo —MEMALa I �St RtET TREE 1 RAIYEwAY J. rW•aNrM.•aaun .•1 M.A.I. L I 1 STREET • _ : .. .._a...aN�w r.rw:R IAATTEIp r -. ..- - - TTw ttau f PLANTING LEGEND �„� j�� •• 1' � ,,.M,..�.... :..,,:: •.ti - .� " "_ w �,... — LANDSCAPE Ez rn `� �_a.„a��;• • ,, . CONCEPT PLAN No. 14662 •w.a I�yfi—!:L A IL..w -110LLY SIACIn a.r" - KAlDIRIG UNIT 0.7 RASr rUET1UNl A R.L O DATE:MY,1992 W M �� Seacliff Partners -XX.. REQUEST FOR LATE SUBMITTAL OF RCA ..... .......... .... ..... .................... ........... ............ RCA Department: - Title Council Meeting Date: jS ,9 Date of This Request: ........... ...... ..................... ...... ............. .. .... .-�............... ............. ............. .. ... ...... ......... .........- REASON (Why is this RCA being submitted late?): 4� .. .......... .. ............... . EXPLANATION (Why is this RCA necessary to this agenda?): 10,Sf 9 V CONSEQUENCES (How shall delay of this RCA adversely impact the City?): CL� Signature: 13 Approved 13 Denied Approved � d 0 Denied< Initials e Required Deparement Head Ray Silver Michael Uberuaga ....... 77, STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, August 4, 1997 A videotape recording of this meeting is on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Julien, Harman, Dettlloff, Bauer, Sullivan, Green, Garofalo ABSENT: Consent Calendar- (Items Approved) On motion by Dettloff, second Green, the following item was approved as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: ABSENT: E-8. (City Council) Tract No. 14662 - Substitution Of Bonds And Subdivision Agreement - Greystone Homes, Inc. (Former Developer: Seacliff Partners) - w/s Huntington Street - n/o Main Street (420.60) 1. Release Seacliff Partners Subdivision Agreement and Bond Nos. 11141536091, 11141536083, the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. accept Greystone Homes, Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224 (American Insurance Company), the securities furnished for Faithful Performance, Labor& Material, and Monuments Bonds respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the bonds with the City Treasurer; and 3. instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director The meeting adjourned to Wednesday, August 6, 1997 at 7:30 a.m., Pacific-B Room, Waterfront Hilton, 21100 Pacific Coast Highway, Huntington Beach, California. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/ Ralph Bauer City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 4th day of August, 1997. Witness my hand and seal of the said City of Huntington Beach this 3rd day of September, 1997. /s/ Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B _ Dep ty ity Clerk (11) 08/04/97 - Council/Agency Agenda - Page 11 E-8. (City Council) Tract No. 14662 - Substitution Of Bonds And Subdivision Agreement - Greystone Homes, Inc. (Former Developer: Seacliff Partners) - w/s Huntington Street - n/o Main Street (420.60) 1. Release Seacliff Partners Subdivision Agreement and Bond Nos. 11141536091, 11141536083, the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. accept Greystone Homes, Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224 (American Insurance Company), the securities furnished for Faithful Performance, Labor & Material, and Monuments Bonds respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the bonds with the City Treasurer; and 3. instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 7-0] E-9. (City Council) Tract No. 14320 - Pacific Coast Homes - w/17th Street - s/Adams Avenue - Guarantee & Warranty Bond Release (420.60)- 1. Release Guarantee and Warranty Bond No. 8687-W; the security furnished for guarantee and warranty improvements; and, 2. instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. Submitted by the Public Works Director [Approved 7-0] E-10. (City Council) Resolution No. 97-53 -Adopting Capital Improvement Programs For The Years 1997/98 Through 2003/2004 For Compliance With Measure M Requirement (320.40)- Adopt Resolution No. 97-53 - "A Resolution of the City Council of Huntington Beach, Adopting Capital Improvement Program for the Years 1997/1998 Through 200312004 for Compliance with Measure M." Submitted by the Public Works Director (Hoover/Gothard Streets Extension, McFadden Avenue to Bolsa Avenue); (Beach Boulevard widening s/e corner at Edinger Avenue); (Garfield Avenue Widening, Delaware Street to Safe Harbor Lane); (Ward Street Widening, s/Garfield Avenue); and (Heil Avenue Widening, Beach Boulevard to Delaware Street, Phase II and Phase III.} [Adopted 7-0] (11) /?7 7 C.e -f OF HUNTINGTON H�� i!§- MEETING DATE: August 4, 1997 DEPARTMENT ID NUMBER: PW 97-054 Council/Agency Meeting Held: Deferred/Continued to: L"Approved ❑ Conditionally Approved ❑ Denied peo_` d City ClerVs Signature Council Meeting Date: August 4, 1997 Department ID Number: PW 97-054 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministraSision G,• - PREPARED BY: S M. JONES II, Director of Public Work SUBJECT: Tract No., 14662 Substitution of Bonds aneement / Statement of Issue,Funding Source;Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmetss Statement of Issue: Greystone Homes, Inc. has purchased Tract No. 14662 from Seacliff Partners and is requesting that their Bonds and Subdivision Agreements be substituted in place of Seacliff Partners Bonds and Subdivision Agreements. Fundinq Source: Not applicable. Recommended Action: Motion to: 1. Release Seacliff, Partners Subdivision Agreement and Bond Nos. 11141536091, _.11141536083, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and, 2. Accept Greystone Homes, Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224, the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, t 3. Instruct the City Clerk to notify the previous developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): 'Deny the recommended action. f 0025846.01 -2- 07/15/97 10:34 AM RE.4vEST FOR COUNCIL ACTIOi _ MEETING DATE: August 4, 1997 DEPARTMENT ID NUMBER: PW 97-054 Analysis: On March 6, 1995, the City Council approved Final Map No.. 14662 and accepted Bonds from Seacliff Partners, the securities furnished for Faithful Performance/Labor & Material and Monuments. Subsequent to this, Greystone Homes, Inc. purchased Tract No. 14662 and has requested that the City exonerate the original Bonds posted by Seacliff,Partners and substitute their Bonds. Following is a list of project data: Subdivider: Greystone Homes, Inc., 7 Upper Newport Plaza, Newport Beach, Ca. 92660 Engineer: Walden & Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa,Ana, Ca. 92702 Zone: Holly-Seacliff Specific Plan 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). Attachment(s): City Clerk's Page Number 1 Location Map 2 Faithful Performance/Labor& Material Bond No. 11127333216 614t . a6 3 Monument Bond No. .11127333224 4 Subdivision Agreement for Tract No. 14662 RCA Author: B. Crosby, phone.extension 5247. 0025846.01 -3- 07/15/97 10:34 AM ATTACHMENT # 1 fill a IDD(M IARNM A'�� TAISStZ I ZLUM 5 - - - GARS /Ymmw /mIANAPOM EL IS r; / An ANTA ii BAbULXM i i� N SrTE IACI m / / BANNING 1 �1 TT 14662 HUNTINGTON BEACH PLANNING DIVISION ATTAC.nMEN # 2 I have received Bond Monument Bond No. 111 2733 3224, Labor and Material Bond No. 111 2733 3216 and Faithful Performance Bond No. 111 2733 3216 Re: Tract No. 14662 - The American Insurance Company, Item E-8, Approved August 4, 1997 l-7 Dated: f By: BOND NO. 1 1 1 2733 3216 PREMIUM $ 2 , 738 . EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Greystone Homes . Inc. , (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 70. is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor, we,the principal and The American _Tnsuranrt- Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal sum of Three Hundred Sixty Five Thousand*** dollars ($ 365, 000 . 00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and:shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 1 'f The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed-thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on March 6th 19 97 Gr s ne Homes n , as Principal By. Greystone Homes, Inc. By Robert W. Garcin Vice President, General Counsel & Secretan; The Ame ican I s r n e _, as Surety Com By Mar s E. Green, Attorney-In-Fact By 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 SSS State of ��L / /- 4,��J//� OPT7does L SECTION C CAPACITY MED BY SIGNER County of /C/�6r / Though statute ot require the Notary to �9�/ fill in the data below, doing so may prove �C�� ������� invaluable to persons relying on the document. On �' before me ✓� INDIVIDUAL DATE/ / n AM ITLE CA OFFICE G.," NE DOE,N RY PUBLIC" ❑CORPORATE OFFICER(S) personally appeared (.�GJ (C(��('J / � 1 NAME(S)OF SIGNER(S) TITLE(S) ❑personally known to me-OR - El proved to me on the basis of satisfactory evidence PARTNER(S) LIMITED to be the person(s) whose name(s) is/ak ❑ GENERAL subscribed to the within instrum. pt and ac- r l-TORNEY-IN-FACT knowledged to me that he/s /th'by executed ❑TRUSTEE(S) the same in his4r/th r authorized ❑GUARDIAN/CONSERVATOR @my MAYJ.GIVENS capacity(ies), and that by his/h*r/their OTHER: Commission#1087356 Z signature(s) on the instrument the person(s), Notary Public— Oran ^County or the entity upon behalf of which the g Comm F;_,i:cs Mor 30,2000 person(s) acted, executed the instrument. SIGNER IS REPRESENTING: W ITN ESS my hand and offici e I• NAME OF PERSON(S)OR ENTITY(IES) I GNAT OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES � DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-718 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of Though statute does not require the Notary to fill in the data below, doing so may prove C S<�<%u�' 2_'" invaluable to persons relying on the document. On -3 before me ✓✓ INDIVIDUAL DATE( / n AM ITLE C�FjOFFICE - .G.," NE DOE,N RY PUBLIC" ❑ CORPORATE OFFICER(S) (C(�(/ � J personally appeared � - NAME(S)OF SIGNER(S) TITLE(S) ❑personally known to me-OR-El proved to me on the basis of satisfactory evidence ❑ PARTNER(S) LIMITED to be the person(s) whose name(s) is/aVe ❑ GENERAL subscribed to the within instrumegnt and ac- 2-A60RNEY-IN-FACT knowledged to me that he/s Afty executed ❑TRUSTEE(S) the same in his/hr/thir authorized ❑ GUARDIAN/CONSERVATOR MAY J.GIVENS capacity(ies), and that by his/h*r/t*ir ❑OTHER: Commission# 1087356 Z signature(s) on the instrument the person(s), -® NotoryPublic—California or the entity upon behalf of which the .,� n E""pi ss War acted, executed the instrument. My Comm E;:�iros War 30,2000 person(s) SIGNER IS REPRESENTING: WITNESS my hand and offici e 1. NAME OF PERSON(S)OR ENTITY(IES) GNAT OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: 9 NUMBER OF PAGES � DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 r w r GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the County of Marin,State of California,has made,constituted and appointed,and does by these presents make,constitute and appoint --- MARCUS E. GREEN --- FF�� its true M[awful Attorrney Ain-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof ------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys}in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,A ttorneys-in-Fac(and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may, from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent aad act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the Instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to awake such appointment:' This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 2 7 t h day of August 19 96 . :�4.• '. THE AMERI N SU OMPANY .'r By •,!•tt'^o+.=' ia-President STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 2 7 t h day of August 19 9 6 ,before me personally came M. A. M a 11 o n e e to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r� A. KRIEGER > n C C On�r,,.ar 10451 t 2 LL `� •41 n(,TARV?;;BI�C•C AUFORNIA otary Public +J / NAWN COUNTY MyCornn.ExWesr/at.2C,t99fa I CERTMCATE STATE OF CALIFORNIA av'O ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO 14EREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore,hat Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin.Dated the6 th day of March _ 199 7 °��ci,�o�•`. Resident Asiis=t.Srcret w State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On April 8, 1997, before me Sandra K. Mantik, Notary Individuals Public in and for said State, personally appeared Robert W. Garcin personally known to me, or proved x_ Corporate Officer to me on the basis of satisfactory evidence to be the Vice President person whose name is subscribed to the within instrument and acknowledged to me that he executed Partners the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. Corporation as a Partner WITNESS my hand and official seal f •� I �� ,,� Other SIGNER IS REPRESENTING: CANDRA K.MANTut ~�a COMM 4 993263 s[' },�d tiorari Q�hc—California Greystone Homes, Inc. nS ANGELES COUNiv �; •v My Comm.Exoirws APD 98 'O97 j THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages �f Date of Document TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info BOND NC. 1 1 1 2733 3216 PREMIUM Incl . in Perf. EXECUTED IN DUPLICATE LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Grevstone Homes , Inc. (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 *Te l4/�7 , is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Ei!jhty Two Thousand Five Hundred and no/100*** dollars ($ 182, 500 . 00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation, to be awarded and fixed by the court,.and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns . in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on March 6th , 19 97 Grey.2o e Homes I as Principal By: reystone Hom(3s, I!nc. By: Robert W. Garcin Vice en n1rance eral Counsel & SecretaryTheAmerican Company as Surety By: Mar us E. Green, Attorney-In-Fact By: STATE OF CALIFO NIA ) SS �1' COUNTY OF ORANGE ) GA1 IU 1 ty A ttorn.:;. By: I t✓ Attorney ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 2 S 8090 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 time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on March 6th 19 97 GreV`s­1Zne Homes I m6, as Principal By Uleysidne mes, 'Inc. Robert W. Garcin By ecretary The American 4isurance , as Surety Com By -- Mar us E. Green, Attorney-In-Fact By 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5 State of L / `©.��//� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of /� ��K �`ICJ Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. &19 ❑ INDIVIDUAL Onbefore me5f� DAT61 fiA TITLE QF,O$FICER- JANE DOE,NOTAAY PUBLIC" CORPORATE OFFICER(S) personally appeared r NAME(S)OF SIGNER(S) TITLE(S) M personalty known to me -OR -❑ proved to me on the basis of satisfactory evidence El PARTNER(S) LIMITED to be the person(s) whose name(s) is/ap67N GENERAL subscribed to the within instrument and ac- Ef ATTORNEY-IN-FACT knowledged to me that he/s /th)6 executed ❑TRUSTEE(S) the same in his/*/th 'r authorized GUARDIAN/CONSERVATOR MF,YJ.GIVENS capacity(ies), and that by his/hjr/th)& Commi_sion# 1087356 OTHER: Z � Notary Public—Caufornio ; signature(s) on the instrument the person(s), In C:c �County or the entity upon behalf of which the My Comm E:: ,,cs M;ar 30,2000 person(s) acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my hand a off ici S al. c NAME OF PERSON(S)OR ENTITY(IES) SIGNATdAE OF NOTARY I OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: . C, . NUMBER OF PAGES Z DATE OF DOCUMENT 3 le? Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-718� GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticatcd to the State of Nebraska on June 1, 1990,and having its principal office in the County of Marin,State of California,has made,constituted and appointed,and does by these presents make,constitute and appoint --- MARCUS E. GREEN --- its true and lawful AttttorneCA in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof ______________________________ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Mahe Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may, from time to time,appoint Resident Assistant Secretaries and Attorneyst4n-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporadon. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revolted at any time by the Board of Directors or by any person empowered to wake such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 2 7 t h day of August 19 96 . ;�;:"• THE WAMERINU OMPANY B ice-President STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 2 7 t h day of August 19 9 6 before me personally came M. A. M a l l o n e e to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. 1N WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. A. KRIEGER � a C0r,1,m,.N 10451.12 n;,rAPr.59UC-Ci.U.OkraA C otaryPublic / HAWN COUNTY My Conn.fxuMes Mai.2G,t��-O CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN 1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Coroorat;on,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article Vi1.SccSons 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin.Dated the6 th day of March — 1997 s4 Resident Hsaina+.Y Sere y State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On April 8, 1997, before me Sandra K. Mantik,Notary Individuals Public in and for said State, personally appeared Robert W. Garcin personally known to me, or proved x_ Corporate Officer to me on the basis of satisfactory evidence to be the Vice President person whose name is subscribed to the within instrument and acknowledged to me that he executed Partners the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. Corporation as a Partner WITNESS my hand and official seal Other SIGNER IS REPRESENTING: SANDRA K.MAWK COMM.O 993263 Narar/P, ,c—cobrorni� Greystone Homes, Inc. ' i a,ANGELES COUMV vN Comm.ExDerat APO 98 1007 THIS CERTIFICATE Title or Type of Document f c— MUST BE ATTACHED Number of Pages Date of Document 7 TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info IA .TTAC HMENT # 3 i BO, .40. 111 2733 3224 PREMIUM $ 225 . EXECUTED IN DUPLICATE MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Greystone Homes , Inc. as Subdivider of Tract No. 14 6 6 2 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Greystone Homes , Inc. (Subdivider) as principal, and The American Insurance Company , as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording.of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of Thirty Thousand and no/100*** $_ 30 , 000 . 00 in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 6 th day of March 11997 G s one Homes Inc . as Principal By: Greystone Ho es, Inc. By: Robert W. Garcin The American In rance Company , as Surety By: vl—��--- Ma us E. Green, Attorney-In-Fact Bv: 9092.01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of J?f v /�- D Though statute does not require the Notary to fill in the data below, doing so may prove ovaluable to persons relying on the document. &ICER � J INDIVIDUAL On DATE before me, E,TIT F O "JANE DOE,NOTARY P LIC" �personally appeared ❑CORPORATE OFFICER(S) NAME(S)OF SIGNER(S) TITLE(S) ❑personally known to me-OR -❑ proved to me on the basis of satisfactory evidence ❑ PARTNER(S) ❑ LIMITED to be the person(s) whose name(s) is/arA, [:] GENERAL subscribed to the within instrument and ac- �TORNEY-IN-FACT knowledged to me that he/sh*t* executed []TRUSTEE(S) the same in his/h1�^,f/thXr authorized ❑ GUARDIAN/CONSERVATOR MAY J.cWNS capacity(ies), and that by his/hXr/tf)(ir ❑OTHER: CommlWoni 1087356 signature(s) on the instrument the person(s), -d Notary Public_CaKomta or the entity upon behalf of which the Orange County MY COMM F)pIres Mar 30.2000 person(s) acted, executed the instrument. SIGNER IS REPRESENTING: TN ESS my hand and o ' ial seal. NAME OF PERSON(S)OR ENTITY(IES) SI 'SURE OF NOTARY OPTIONAL SECTION n THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Q [/ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES � DATE OF DOCUMENT 3 G 97 7 Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S)OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 GENERAL' POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the County of Marin,State of California, has made,constituted and appointed,and does by these presents make,constitute and appoint --- MARCUS E. GREEN --- it true an3lawful Attorney s-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognuances or other written obligations in the nature thereof ------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomcy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may, from time to time,appoint Resident Assistant Secretaries and Attorneys-In-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to cake such appointment:' This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31 st day of July, 1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,Or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 2 7 t h day of August 19 96 ;".:;;;:;,. THEAMERI N SU OMPANY By STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 2 7 t h day of August 19 9 6 before me personally came M. A. M a 11 o n e e to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal,the day and year herein first above written. A. S,RIEGER � ,•,.��� of Public tL _® �)�TAF•v;;,8LIC-CALIFORNIA C �' / UAWt4 COUNTY My Curtin.Femur es /•ar.2C,199ti s CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are row in force. Signed and scaled at the County of Marin.Dated the6 th day of March 199 7 Li�019- , ��� Residmt Auin=seers 360712-TA-2.94 State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On April 8, 1997, before me Sandra K. Mantik,Notary Individuals Public in and for said State, personally appeared Robert W. Garcin personally known to me, or proved x_ Corporate Officer to me on the basis of satisfactory evidence to be the Vice President person whose name is subscribed to the within instrument and acknowledged to me that he executed Partners the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. Corporation as a Partner WITNESS my hand and official seal r I l Other SIGNER IS REPRESENTING: SANDPA K.MANTnt / '_ c0nniw.e993263 Greystone Homes, Inc.Notari Public—Califomlq \\y � OS ANGELES COUMV --'� MN Comm.EnWas APD 28. '007 THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document / `1 TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info ATT,: : CHMENT #4 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND GREYSTONE HOMES, INC. FOR TRACT NO. 14662 THIS AGREEMENT is entered into this 71M day of _, 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GREYSTONE HOMES, INC., a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14662; 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 UIPCD(Tract14177/5/1/97 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include; but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and-said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 2 3/k/P C D/Tract 14177/4/28/97 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred Sixty-Five Thousand Dollars ($365,000) as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and.all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 3 3/k/PC D/Tract14177/4/28/97 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability4or workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of theirduties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. 4 3/k/P C D/Tract 14177/4/28/97 Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type. limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 5 3/k/PC D/Tract14177/4/28/97 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its.own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. GREYST NE'H OM.E , INC., CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: AND IDWOMPFLOW Mayor By: ATTEST: k YJnmerer ITS: (circle one) Secretat/Chniief Financial City Clerk " 9Officer/Asst. Secretary- urer APPROVED AS TO FORM:' _REVIEWED AND APPROVED' S 6 -�7)City Attorney INITIATED AND APPROVED: City Administrator City Engineer Ale- 6 3/k/PCDlTractl 4177/5/1/97 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND GREYSTONE HOMES, INC. FOR TRACT NO. 14662 TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 3/k/PC D/Tract14177/4/28/97 . ............ . .............. ........... .......... ....... ... .......... ......................... ................................................. ...... x .. ATE(MMIDDIYY) .... ■ . ...... .......... X .................... ............ ...I #A4 X, .......... .......X X-:-'. .......... 6 20 If 97 ........... ... ... PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Anderr.on and Anderson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 'raZat F HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 'd Insurance Brokers , Inc . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2495 Campus Drive e��a�.� , COMPANIES AFFORDING COVERAGE Irvine , CA 92612-1583 COMPANY 714-476-4300 60 A American Int ' l (AISLIC) INSURED 7- COMPANY Pacific Greystone Corp. B Greystone Homes COMPANY 6767 Forest Lawn Drive , #300 C Los Angeles , CA 90068 COMPANY I D UniCare .. ............. ...... ........................... ...... ............................................. ............... "im'S...WW.W::::::'* ....... ..... ................ ........ .... . ............. ... ... ....... .......... .... ........ ................ . ..... ................................ ........................... ........................................... ......*.............. ........... ....................... ....... ........................... ................ -ERA ........... ... ....................*................THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION 1 LIMITS LTR DATE(MMIDD/YY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE 2000000 A X COMMERCIAL GENERAL LIABILITY GL 818-73-97 11/01/96 11/01/97 PRODUCTS-COMP/OP AGG 1000000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $F 1000000 A I OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP (Any one person) $ 5000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS F BODILY person)ersonINJURY ) $ SCHEDULED AUTOS Ap 2 7r HIRED AUTOS Gk I L BODILY INJURY $ NON-OWNED AUTOS T j (Per accident) C I 3 BY: PROPERTY DAMAGE $ ptj:ornpV GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ 6'T P'CHW AGGREGATE $ EXCESS LIABILITY ADD'L- EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND XI STATUTORY LIMITS . ...... D EMPLOYERS,LIABILITY UH01-1196-01848 11/01/96 11/01/97 EACH ACCIDENT $ 1000000 D THE PROPRIETOR/ INCL DISEASE POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE•EACH EMPLOYEE $ 1000000 OTHER DESCRIPTION OF OPERATION SILO CATION SIVEH ICLESISPECIAL ITEMS RE: Greystone Keys , Huntington Beach Certificate Holder is an Additional Insured as respects Greystone Keys ....... ............. .......... ... . ..... .......... ....... N'... X.........................*..,.++..,..+..,..,..,..,..,..,.. .............................................. ............... .................. .... .xxxx. .. . ..... X .......... T ........... ...... .......... ...................... LEA .........................x:.. ............. ....... X...................................... R TE: ID R_... .......... ......................... ........... ..................................... ...................... A ..................................... ....................... ......................................... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Building Department B&F**:URE:FG MAI 2000 Main Street PAN*I 1*6 AGIN MAZINES. Huntington Beach , CA 92648 AUTHORIZEDREPRES ATIVE to 149840000 X:ACAttn: lBruce- Cro++.-+s b.*+..,y ......................................... ................ ,.wWw."WW.+'..-.W*'W*WiW'W*W--', "*..WW���iii��i������i:..::.........w..............W............................... ........'.x..x..x........................ ..++ .......... ........ .+....+w.+....i ! ii....................... k ......... R INSURED: PACIFIC GREYSTONE CORPORATIONa�' �Od COMPANY American International Specialty Lines Insurance Co. POLICY NUMBER: GL 818-73-97 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name of Person or Organization City of Huntington Beach, its agents, officers - and employees (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. RE: Greystone Keys CG 20 10 1185 Copyright,Insurance Services Offices,Inc. 1984 t1q) Council/Agency Meeting Held: 3 Deferred/Continued to: Approved ❑ Condition Ily Approved ❑ Denied City Clerk's gignature Council Meeting Date: March 17, 1997 Department ID Number: CD 97-11 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Z4 SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator r PREPARED BY: MELANIE S. FALLON, Community Development Direc or r SUBJECT: Consent For Pending Sale of the Parkside Project in the Holly Seacliff Development Agreement Area Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by Shea Homes for the City Council to provide consent to the pending sale of the Parkside project in the Holly Seacliff Development Agreement area to Greystone Homes. Section 4.2 of the Holly Seacliff Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. On December 2, 1996 the City Council approved the consent to sale of thrl project from PLC to Shea Vickers Residential, L.L.C. Subsequently, Greystone Homes made a purchase offer to Shea. Parkside is an approved project for 150 attached units. Staff has performed due diligence regarding the pending sale of the project. Staff recommends that the City Council provide consent to the sale of the project to Greystone Homes with the same conditions that were approved for the previous consent. Funding Source: Not applicable. REQUEST FOR COUNCIL ACTION MEETING DATE: March 17, 1997 DEPARTMENT ID NUMBER: CD 97-11 Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by Shea Vickers Residential, L.L.C. for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Greystone Homes with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including the following conditions: a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC (Attachment No. 4); and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and c. PLC shall instruct City right-of-way personnel, in writing, to pursue the purchase of all remaining street right-of-way required under the Development Agreement; and d. As the Parkside project currently stands, total Traffic Impact Fees due (per 10/06/96 fee letter) will be $138,000.00. Credit for this entire amount shall be retained by PLC and debited against City obligations to PLC at time of sale; and e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis Avenue and Garfield Avenue, and Promenade Parkway between new Gothard Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed, and f. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by, recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the 113th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units. Prior to Buyer recording any such affordability covenant, the Buyer shall submit said covenants to CD97-11.DOC -2- 02/24/97 1:51 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 17, 1997 DEPARTMENT ID NUMBER: CD 97-11 the City Attorney and the Community Development Director for review and approval as to form and content. 2. Authorize the Mayor to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations." Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Greystone Homes and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Shea Vickers Residential, L.L.C. Location: Final Map No. 14662 -- West side of Huntington Street, approximately 500 feet north of Main Street. B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement for the properties then owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. On May 6, 1996 the City Council approved the consent for the pending sale of approximately 448 acres of property governed by the Development Agreement to PLC/MS Vickers II, L.L.C. The sale of the 448 acres closed on May 9, 1996 at which time the properties came under the ownership of PLC/MS Vickers II, L.L.C., and they assumed the development obligations previously held by Chevron Land and Development Company and its affiliates. The Development Agreement requires PLC/MS Vickers II, L.L.C. as the Developer to provide numerous public improvements. To date, the Developer is in compliance with the terms of the Development Agreement as determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 1995, was approved by the Planning Commission on January 23, 1996 and the City Council on February 5, 1996. CD97-11.DOC -3- 02/24/97 1:51 PM REQUEST FOR COUNCIL ACTION MEETING DATE: March 17, 1997 DEPARTMENT ID NUMBER: CD 97-11 C. STAFF ANALYSIS AND RECOMMENDATION: On December 2, 1996 the City Council approved consent for the sale of the Parkside project from PLC to Shea Vickers Residential, L.L.C. (Attachment No. 3) Subsequently, Greystone Homes made a purchase offer to Shea for the project. Shea Vickers Residential, L.L.C. requests that the City Council provide consent to the sale with the same conditions as previously approved. (Attachment No. 2) Final Map No. 14662 is an approved project to subdivide a 19 acre parcel and construct 150 attached single family units at Main and Huntington Streets. The project was approved by the Planning Commission on September 8, 1993. The City Council approved the Final Map for the project on March 6, 1995. Prior to Chevron Land and Development Company selling this property to PLC, four model homes were constructed, but not finished, on the site and some of the internal street improvements were installed. Pursuant to terms of the first consent, PLC will continue to retain responsibility for the obligations of the Development Agreement. The buyer would be responsible for items such as undergrounding utilities at time of development, payment of certain fees and maintenance of perimeter landscaping. As discussed in the December 2, 1996 staff report, recommended conditions address the concerns of the Public Works and Community Development Departments. The Fire Department does not have any concerns regarding sale of the property. All conditions of approval for the tract map and conditional use permit remain in effect. These conditions include compliance with the Affordable Housing Plan (AHP) for the Holly Seacliff Specific Plan area, as well as infrastructure improvements. The City Attorney has determined that all of the obligations of the development agreement run with the land covered by the development agreement. The City Attorney has prepared a Certificate of Consent Agreement (Attachment No. 4) which includes the Public Works Department requests and a condition for affordable housing. "It will be signed by the seller, the buyer and the City if consent is provided for the pending sale. Staff recommends that the City Council provide consent to the sale of the subject property and authorize the Mayor to execute the Certificate of Consent. There are no outstanding public improvement issues related to the project, and the terms of the Development Agreement will be fulfilled. Environmental Status: The Holly Seacliff Development Agreement No. 90-1 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. Staff has prepared a mitigation measure compliance matrix for Final Environmental Impact Report No. 89-1 which requires the Developer to complete necessary studies and complete the requirements of the studies prior to development. CD97-11.DOC -4- 02/24/97 1:51 PM REQUEST FOR COUNCIL ACTIO MEETING DATE: March 17, 1997 DEPARTMENT ID NUMBER: CD 97-11 Attachment Us : City Clerk's Page Number 1. Vicinity Map 2. Letter from Shea Homes dated February 12, 1997 3. City Council Report dated December 2, 1996 4. Certificate of Consent Agreement for Parkside. (gArcaforms\cd97-11) CD97-11.DOC -5- 02/24/97 1:51 PM 90 S ru7-u W Lu � C D SLATER AVENUE C7 Z a .- c y y W 3 TALBERT AVENUE CENTRAL W o PARK W O qT v' ELLIS AVENUE GARFIELD AVENUE vo IE YORKTOWN AVENUE H.B. HIGH SCHOOL civ ic CENTER AV UE SEACUFF ADAMS AVENUE COUNTRY CLUB W CY � 0 1� N Q O iL N Z _ � T Q 0 • m 0 PARKSIDE m y�c �4 f. IT •F H U N TINGTON BEACH Q -1 ► - VICINITY MA CITY n � itLVLL�,f-�Cl�UFF ° o z ° SHEA HOMES 655 Brea Canyon Road R E C E I V E ® P.O. Box 487 Walnut•California F E B 1 21997 91788-0487 (909)598-1841 DEPARTMENT OF FAX(909)869-0832 February 12, 1997 COMMUNITY DEVELOPMENT Ms.Mary Beth Broeren,AICP Associate Planner CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach,CA 92648 RE: TRACT 14662 PARKSIDE Consent Agreement Dear Mary Beth, Please consider this letter as notice of our intent to sell our entire interest of the captioned property to Greystone Homes. As such,we hereby request the City of Huntington Beach to prepare a new"Certificate of Consent to Sale"agreement with the following particulars: "Developer'will remain as PLC "BuX 'will be: GREYSTONE HOMES,INC. 7 Upper Newport Plaza Newport Beach,CA 92660 Attn: Mr.Doug Woodward Office: (714)852-9411 Fax: (714)756-0919 As discussed;we desire to be agendized for the City Council hearing of March 3, 1997,on this matter. As- such,please facilitate the amended Consent to Sale agreement as soon as possible and contact me at(909) 869-0857 when available for our pick-up and acknowledgment completion. ,Yours truly, SHEA HOMES Ronald C.Metzler Vice President,Community Development cc: Alan Toffoli - - Doug Woodward � ^ "Working as a team to exceed our customers'expectations ..-- by building the finest holres and communities -- — -- - — -- - while enhancing Shea Homes'position as a leader in our industry." AT�n � . ��E1�.T 3 Council/Agency Meeting Held: Deferred/Continued to: `6 j� yt� i ,4.4l �}(pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: December 2, 1996 Department ID Number: CD 96-43 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator(Z6 PREPARED BY: MELANIE S. FALLON, Community Development Director ��/_Z&_ - SUBJECT: Consent For Pending Sale of the Parkside Project in the Holly Seacliff Development Agreement Area Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by PLC for the City Council to provide consent to the pending sale of the Parkside project in the Holly Seacliff Development Agreement area to Shea Vickers Residential, L.L.C. Section 4.2 of the Holly Seacliff Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Parkside is an approved project for 150 attached units. Staff has performed due diligence regarding the pending sale of the project. Staff recommends that the City Council provide consent to the sale of the project to Shea Vickers Residential, L.L.C. with a condition that certain street improvements be completed prior to final inspection of the residential units and that affordable housing requirements, to be completed by the buyer, be satisfied. Funding Source: Not applicable. �L REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Shea Vickers Residential, L.L.C. with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including the following conditions: a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B of the "Request for City's Consent to Sale" letter from PLC, dated 7/19/96, shall continue to be the responsibility of PLC (Attachment No. 2); and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9); and c. PLC shall instruct City right-of-way personnel, in writing, to pursue the purchase of all remaining street right-of-way required under the Development Agreement; and d. As the Parkside project currently stands, total Traffic Impact Fees due (per 10/06/96 fee letter) will be $138,000.00. Credit for this entire amount shall be retained by PLC and debited against City obligations to PLC at time of sale; and e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis Avenue and Garfield Avenue, and Promenade Parkway between new Gothard Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed, and f. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the 113th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units.�Prior �— to Buyer recording any such affordability covenant, the Buyer shall submit said covenants to CD96-43.DOC -2- _ 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 the City Attorney and the Community Development Director for review and approval, as to form and content 2. Authorize the Mayor to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations." Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Shea Vickers Residential, L.L.C. and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: PLC Location: Final Map No. 14662 -- West side of Huntington Street, approximately 500 feet north of Main Street. B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement for the properties then owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. On May 6, 1996 the City Council approved the consent for the pending sale of approximately 448 acres of property governed by the Development Agreement to PLC/MS Vickers II, L.L.C. The sale of the 448 acres closed on May 9, 1996 at which time the properties came under the ownership of PLC/MS Vickers II, L.L.C., and they assumed the development obligations previously held by Chevron Land and Development Company and its affiliates. The Development Agreement requires PLC/MS Vickers II, L.L.C. as the Developer to provide numerous public improvements. To date, the Developer is in compliance with the terms of the Development Agreement as determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 1995, was approved by the Planning Commission on January 23, 1996 and the City Council on February 5, 1996. CD96-43.DOC -3- 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 C. STAFF ANALYSIS AND RECOMMENDATION: PLC has entered into a purchase and sale agreement with Shea Vickers Residential, L.L.C. for the sale of the property known as Final Map No. 14662, Parkside (Attachment No. 2) Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, the City Council must provide consent prior to the sale or transfer of properties to buyers not affiliated with the developer. Final Map No. 14662 is an approved project to subdivide a 19 acre parcel and construct 150 attached single family units at Main and Huntington Streets. The project was approved by the Planning Commission on September 8, 1993. (Attachment No. 3). The City Council approved the Final Map for the project on March 6, 1995. Prior to Chevron Land and Development Company selling this property to PLC, four model homes were constructed, but not finished, on the site and some of the internal street improvements were installed. The letter from PLC indicates that PLC will generally retain responsibility for the obligations of the Development Agreement. The buyer would be responsible for items such as undergrounding utilities at time of development, payment of certain fees and maintenance of perimeter landscaping. The Fire Department does not have any concerns regarding sale of the properties; PLC will retain the obligation of Paramedic reimbursements and Fire Station construction costs. The annual paramedic payment for fiscal year 1996-97 has been paid in full. The Public Works Department requests that a condition be required of the sale pertaining to street improvements. Specifically, the Public Works Department requests that final inspections not be approved for the residential units of Parkside until street improvements for new Gothard Street are completed. Off-site infrastructure improvements will be completed by PLC, the buyer will be responsible for on-site improvements. All conditions of approval for the tract maps and conditional use permits remain in effect. These conditions include compliance with the Affordable Housing Plan (AHP) for the Holly Seacliff Specific Plan area, as well as the infrastructure improvements referenced above. The AHP links provision of affordable units with a certain number of market rate units. It is anticipated that the first AHP milestone will be reached in 1998 or 1999. Shea Vickers will satisfy the affordable housing requirements for Parkside, for which staff is recommending a condition. The City Attorney has determined that all of the obligations of the development agreement run with the land covered by the development agreement. The City Attorney has prepared a Certificate of Consent Agreement (Attachment No. 4) which includes the Public Works Department request and the condition for affordable housing. It will be signed by the seller, the buyer and the City if consent is provided for the pending sale. CD96-43.DOC -4- 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 Staff recommends that the City Council provide consent to the sale of the subject property and authorize the Mayor to execute the Certificate of Consent. There are no outstanding public improvement issues related to the project, and the terms of the Development Agreement will be fulfilled. Environmental Status: The Holly Seacliff Development Agreement No. 90-1 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. Staff has prepared a mitigation measure compliance matrix for Final Environmental Impact Report No. 89-1 which requires the Developer to complete necessary studies and complete the requirements of the studies prior to development. Attachment(s): City Clerk's Page Number 1. Vicinity Map 2. Letter from PLC dated July 19, 1996 regarding Parkside 3. Tentative Tract Map No. 14662/Conditional Use Permit No. 92- 49 Conditions of Approval 4. Certificate of Consent Agreement for Parkside. (g:\rcaforms\cd 96-43) CD96-43.DOC -5- 11/27/96 10:19 AM r S»3; F, =tee _ S Yin=3•,f 'W»3 a-cz.w„r, 2"? i.=xe= •=3.='•}=3e3i' x a?. r,di ,,:•3£T '"">` �3ff;,3»•��•�333 �',v:,w ""-�.�,�� Yt+d•_ •�'' , ,{;, I= ui � - {ggrr,�;vrus;:au.:� =;Li3•' '��.�._ ...,.v... ;;.... ..1 ....... ;,�•:,�,an,,. •�..�„ r..^.::.-;-ir;,,,,,,,,,, .fR?,.. '.' :,, zs.a un, £,;gzii»«.`..,, .,;3 i3 j 3fllKft' ..�;'s,''�. .»<d„3;.rr .,,;,,� .. ,;•r,r F�f"£,» ,.;," :3'. '_ .>,,,A „ __(,:?'..' .,333137r^3�,,,�.��' m�x�.o, :. ,y,. '?$<, -;x:.:.�.um,',. , .33 - ,.,X».. •3, .. _.. r�> a,,3,: _ r A L 2 C4 1996 July:_19, 1996 Ms. Melanie Fallon, Director Community Development Department 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90A Parkside Residential Project; APNs 159-311-03-07, 13-16 & 111-073-06 Dear Melanie: PLC has entered into an agreement to sell the above property, located west of Huntington Street and north of Main Street, to Shea Vickers Residential, L.L.C. In accordance with Section 4.2 of Development Agreement No. 90-1, we are formally requesting the City's consent to this sale. Similar to other approved sales of development agreement properties, PLC will retain the obligations for installation of offsite utilities to serve this property in accordance with the development agreement. In addition, this property will be eligible to utilize PLC's credits for park dedication, traffic impact fees and water capital facilities fees payable at the time of development, subject to PLC's approval. I have attached an information form including a legal description of the property to be sold and pertinent entitlement information. Also attached is an exhibit clarifying development agreement rights, duties and obligations between PLC and Shea Vickers for attachment to the Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there is any other information you need. We would like to have this scheduled for the September 3, 1996 City Council meeting, if possible. Very truly yours, William D. Holman Planning & Government Relations Encl. Information Form and Legal Description cc: Mary Beth Broeren Paul D'Alessandro Graham Jones Jeffrey A. Dritley PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone Newport Beach,California 92660 714.729. 1214 Facsimile r 0 x A JL L�ro Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 . Date : September 13 , 1993 NOTICE OF ACTION Applicant : Seacliff Partners, 520 Broadway, Suite 100, Santa Monica, CA 90401 R Subiect : TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24 , 1993 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on September 8 , 1993 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED _j CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken. by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by- and, y and• upon which the applicant or interested party deems:--himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the. City.;Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee'.- is September 20 , 1993 Provisions of the Huntington Beach Ordinance Code are such that any application •becomes.' null and void one (1) year after final approval, unless actual construction has started. (7364d-3:.).. i �J Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 September 13 , 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 SUBJECT: TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24 , 1993 PLANNING COMMISSION MEETING) REQUEST: Subdivide a 19 acre parcel into 150 attached signal family dwellings with a special permit to reduce .c6mmon open space by nine (9) percent and a variance to reduce building separation from 15 feet to 10 feet and permit a reduction in the required front upper story setback from 15 feet to 6 feet. LOCATION: West side of Huntington Street, approximately 500 feet north of- Main Street DATE OF APPROVAL: September 8, 1993 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1. The proposed subdivision of a 19 acre parcel into lots for development of 150 attached single family dwellings will be compatible with adjacent properties . 2 . The establishment, maintenance and operation of the proposed subdivision of a 19 acre parcel into 150 attached single family dwellings. will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to ' the value of the property and improvements in the neighborhood. 3 . On-site parking and circulation are adequate for the .proposed subdivision of a 19 acre parcel into 150 attached single family dwellings and have the potential of creating a congestion and circulation hazard. 4 . Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Main Street and Garfield Avenue. (7358d-3) r Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No . 93-6 Page Two FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1. The following special permit promotes a better living environment by adapting the Holly Seacliff Specific Plan requirements which is compatible with the surrounding area : a. Reduced common open space (41,348 square feet in lieu of 52, 500 square feet) which is balanced by an excess of 100, 000 square feet of private open space. 2 . The requested special permit provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . R 3 . The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . 4 . The requested special permit is consistent with the objectives of the Holly-Seacliff Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment . FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-6 : 1 . The granting of Conditional. Exception (Variance) No . 93-6 to reduce the sideyard from 15 feet to 10 feet and the reduction of the front , upper story setback to 6 feet will not be materially detrimental to the public health, safety and welfare, or injurious to the property, or improvements in the neighborhood. 2 . Conditional Exception (Variance) No . 93-6, a request to reduce the sideyard building separation from 15 feet to 10 feet and the reduction of the front upper story setback to six (6) feet is consistent with the goals and objectives of the City' s General Plan. 3 . The granting of Conditional Exception No. 93-6 from the development standards in the Holly-Seacliff Specific Plan will not defeat the intent of the Holly-Seacliff Specific Plan. (7358d-4) L r Tentative Tract No. 14662 Conditional Use Permit No. 92-49 Conditional .Exception (Variance) No . 93-6 Page Three FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14662 : 1. The size, depth, frontage, street width, and other design features of the proposed subdivision of a 19 acre parcel for 150 single family dwellings is in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Medium Density Residential and the Holly-Seacliff Specific Plan. 3 . The site is relatively flat and physically suitable for the proposed density of 7. 8 units per gross acre. 4 . Tentative Tract No . 14662 for a 19 acre subdivision to create 150 single family attached dwellings is consistent with the goals and policies of the Huntington Beach General Plan, the Holly Seacliff Specific Plan, and Development Agreement No . 90-1 ., CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1. The site plan, floor plans, and elevations received and dated August 16, 1993 shall be the conceptually approved layout with the following modification: a . Comply with windrow mitigation measure compliance design. b. Lots 86 and 87 shall be sited with a minimum nine (9) foot front setback; Lots 88 and 89 shall be sited with a minimum (9) foot front setback; Lots 136 and 137 shall be sited with a minimum seven (7) foot front setback; and Lots 138 and 139 shall be sited with a minimum eight (8) foot front setback. c. Provide modified drainage system adjacent to Amberleaf Circle as required and subject to reimbursement by the Department of Public Works . ' d . The space between new and existing perimeter walls shall be covered or filled subject to the requirements of the City Engineer and the Building Department . 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . (7358d-5) r Tentative Tract No. 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Four b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . f . Elevations shall depict colors and building materials proposed. g . 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 . h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This a;ialysis .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 . i . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. (7358d-6) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No. 93-6 Page Five j . Entries to private streets. shall be delineated by decorative pavement . k. The applicant shall be subject to an Affordable Housing Plan as required by the Holly-Seacliff Specific Plan. 3 . Prior to issuance of building permits, .the applicant/owner shall complete the following : a . Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No . 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and the Holly-Seacliff Specific Plan. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project ' s landscape plan. C. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. Perimeter fencing plans for review and approval which depict decorative materials . (7358d-7) r Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (variance) No. 93-6 Page Six .f . Gated entryway (access control devices) plans to the Community Development Department . A. "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403 . Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works departments . g .- Provide an infrastructure and development phasing plan. h. Common landscape areas shall be landscaped, or a bond posted, by phases . 4 . Prior to the removal of any windrow trees and/or landscape materials which comprise the current windrow massing, a common area, perimeter windrow mitigation implementation landscape plan shall be submitted and approved by the Department of Community Development . The implementation plan shall include a site plan, a landscape material pallet, the number, size and variety of species and a phasing schedule for implementation of all perimeter landscaping. 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7 . Installation of required common area landscaping shall be completed prior to final inspection of each phase. 8 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised .when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; (7358d-8) r Tentative Tract No. 14662 Conditional Use Permit No: 92-49 Conditional Exception (Variance) No. 93-6 Page Seven C. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d. Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7: 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Conditional Use Permit No. 92-49 shall become null and void unless exercised within two (2) years of the 'date of final approval, or such extension of time as may be granted by the , Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the t expiration date. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14662 : 1. The tentative tract map received and dated August 16, 1993, shall be, the approved layout with the following modification: a . Comply with windrow mitigation measure compliance design dated August 24, 1993 . 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: a . Irrigation for landscape areas shall be designed to connect to future reclaimed or subpotable water supply, to the extent allowed by the State Department of Health Services and to the extent required by Development Agreement No. 90-1-. as - determined by the City Engineer. b. The developer shall submit for . review "and approval by the Public Works Department, separate, 2-4" x 36" water improvement plans, showing 'service connections to all .lots, fire hydrants", valves and other appurtenances. C. The water system shall be located within vehicular travelways and shall be dedicated to the City. The Homeowners Association 'shallbe responsible for rep 6iri"ng an enhanced pavement - if the water facilities require repair or - maintenance. (7358d-9) i Tentative Tract No. 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No. 93-6 -Page Eight d. An approved backflow device shall . be installed on each domestic water service per Public Works Standard Plan No.. 609 . e. Sewer systems within private, interior tract streets shall be owned and maintained by the homeowners association. f. Interior street and utilities therein shall be designed and constructed in accordance with the Department of Public Works Standards . g. Signing, striping, and street lighting shall be designed and constructed in accordance with Public Works Standards . h. All vehicular access rights to Gothard Street, Main Sti-eet d and Huntington Street shall be released and relinquished to the City of Huntington Beach except Lot 152 and at locations-'- approved by the Planning. Commission. i . Open spaces areas shall be maintained by the Homeowners Association. j . 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 . k. 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 Manual, Subarticle 18 . 1. All existing and future utilities shall be installed underground, with the exception of 66KV lines . 3 . Fire Department conditions are as follows: a. A Fire Protection •Plan pursuant to Fire Department Specification 426 will be required to be completed prior to release of building permits . (7358d-10) w. Tentative Tract No. 14`6'62 Conditional Use Permit No: 92-49 Conditional Exception (Variance) No. 93-6 Page Nine 1) Besides general fire safety concerns, this plan includes tasks for roadway and hydrant installation . prior to building permit releases . b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections and corners to comply with Fire Department Specification 401. C. All roadways which are less than 40 feet in width must be posted as fire lanes and must have no parking areas posted and marked pursuant to Fire Department Specification 415 . d. Any fire access gates proposed to be installed must comply F with Fire Department Specification 403 . e. Approximately twelve (12) fire hydrants will be required. f . All units constructed attached by a common wall or walls having a gross square foot of 5, 000 square feet or greater, regardless of a common property line separation, must have automatic fire sprinklers installed. g. Building address numbers for each unit must be a minimum of four (4) inches in size per Fire Department Standard 428 and in an unobstructed location which can be easily viewed from the street. h. Prior to release of building permits, all mitigation measures for compliance of oil, methane and environmental Fire Department Specifications 422, 429, and 431 must be completed for each phase. i . Units on all "flag" type or other lots which .may hinder* Fire/Rescue access must be- automatic fire sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided. pursuant to Section 10.203 and Section 10 .205 of the 1991 Uniform Fire Code. 4 . At least 60 days prior to recordation of the final tract map; CC&R' s shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R' s shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by- the-Homeowners ' - - Association. a. Include disclosure to the Homeowners ' Association and individual property owners regarding the future use of the Transportation Corridor. 5. Model home complexes shall be permitted per Subdivision Map Act - .- -Section 66499 .30 prior to -recordation o.f- a -final map. --- - - - - (7358d-11) yy Tentative Tract No. 144662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No. 93-6 Page Ten I hereby certify that Tentative Tract No. 14662, Conditional Use Permit No. 92-49 with Special Permit and Conditional Exception (Variance) No . 93-6 were approved by the Planning Commission of the City of Huntington Beach on September 8, 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Mike Adams, Secretary , Planning Commission bAott Sess Senior Planner (7358d-12) 1 - -rrA-C-r Recording requested by, and when recorded, mail to: Recorded in the county of orange, cal ifornia Gary L. Granville, Clerk/Recorder No Fee City of Huntington Beach 2000 Main Street 19910211931 4; 10pm 05/09/91 005 28001719 28 24 Huntington Beach, CA 92648 C34 16 7.00 45.00 0.00 0.00 0.00 0.00 Attn: City Clerk rr 11 a ,i 5 b ea V i Ll" SA-LE- o-F -1111l¢k s,b e Ta" 9�_e';'S fo'n-e— Y0 71 es . . . CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS i P BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PLC, SHEA VICKERS RESIDENTIAL, L.L.C., AND GREYSTONE HOMES, INC. NC WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the Official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership, and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and A portion of the property, hereinafter referred to as the "Subject Property," as described in the legal description and sketch attached hereto as Exhibits "A-I" and"A-2,"respectively, was sold from PLC, hereinafter referred to as the "Developer,"to Shea Vickers Residential, L.L.C., hereinafter referred to as the "Seller;" and The Seller desires to sell the Subject Property to Greystone Homes, Inc., hereinafter referred to as the "Buyer," The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as'stich rights,.duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred; and Tax -Governmeht Agency This document 3s solely for .th 4\s:G:(4)96Agree:Consen12 'CITY OF HUNTINGiON BEACH official hus;.ness of the City RLS#97-096 l of Huntington I^•oaril, as contem• 2/25/97 plated tin:D-;r Gov2,rrusent Code By:.ge - Sec 6Y03 and should be records 7j `� - puty City Chrk .. Free of charge, The City has previously consented to the sale of the subject property from Developer to Seller, and is willing to consent to the sale of the subject Property and to the assignment of the rights, duties and obligations arising under the Agreement from Seller to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights, duties and obligations they shall assume upon the sale of the subject Property and assignment of the Agreement; NOW, THEREFORE, the City, Developer, Seller and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF SUBJECT PROPERTY The City hereby consents to the sale of the Subject Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Seller to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Subject Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits:. A-1: Legal Description of the subject Property. A-2: Sketch of the subject Property. B: Clarification of Development Agreement Rights and Duties. C: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: Traffic Impact Fees applicable to Project. E. Offsite Public Storm Drain System. 5. RELEASE OF DEVELOPER AND SELLER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer and Seller shall have no further obligations with respect to the subject Property arising out of any acts, 2 4\s:G:(4)96Agree:Consen 12 RLS#97-096 2/25/97 omissions, or events occurring subsequent to the effective date of the transfer. Developer has retained some specific obligations as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B attached hereto, shall continue to be the responsibility of Developer. b. Developer shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by Developer in their letter to the City, dated May 7, 1996. C. Developer shall instruct City right-of-way personnel, in writing, to pursue the purchase of all remaining street right-of-way required under the Development Agreement. d. As the Parkside project currently stands, total Traffic Impact Fees due (per 10/06/96 fee letter) will be $138,000.00. Credit for this entire amount shall be retained by Developer and debited against City obligations to Developer at time of sale. e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis Avenue and Garfield Avenue, and Promenade Parkway between new Gothard Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed. f. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344. g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the 113th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units. Prior to recording any such affordability covenant,the Buyer shall submit said 3 4\s:G:(4)96Agree:Consen 12 RLS#97-096 2/25/97 covenants to the City Attorney and the Community Development Director for review and approval as to form and content. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. ....SELLER: CITY: SHEA VICKERS RESIDENTIAL, L.L.C. CITY OF HUNTINGTON BEACH a Delaware limited liability company a California /municipal corporation by: Shea Homes Limited Partnership a California limited partnership Mayor its member ATT T:by: J.F. Shea Co., Inc. a Nevada corporation its gove g partner City Clerk 913197 by: APPROVED AS TO FORM: be7.S (print name) %�A /,Jtomey Its: (circle one)Chairman/Presiden ice President INITIATED AND APPROVED: �r by: �` •emu•'°'"--t �GxGt/.t'.,cc. V ,G(.�,�, . Z-AY^ir -1AAC4.AtA Director of Comm y Development (print name) Its: (circle one)Secretary/Chief Financial Officer/ REVIEWED AND APPROVED: sst. Secretary-Treasurer City Administrator SIGNATURES CONTINUED ON NEXT PAGE 4 4\s:G:(4)96Agree:Consen 12 RLS#97-096 2/25/97 ' I DEVELOPER: BUYER: PLC, a California General Partnership GREYSTONE HOMES, INC. (comprised of PLC Holdings, a California a Delaware corporation general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) by: by: OEM Q Clnitl MR ZIYAP Ar- pU,PQ AWA-p on (print name) (print name) Its: (circle one)Chairma Presiders ice President Its: (circle one)Chairman/President/Vice President by: 64AW-0 by. CWICl iffyphvie— 6�1 j see (print name) (print name) Its: (circle one)(Secreta Chief Financial Officer/ Its: (circle retary/Chief Financial Asst. Secretary-Treasurer Office sst. Secretary- easurer; by: T/L Huntington Beach, L.L.C. a Delaware limited liability company (general partner of PLC) by: Lennar Huntington Beach, Inc. a California corporation(managing member of T/ Huntin o Beach L.L.C.) by: .14 Maresc�u (print name) Its: (circle one)Chairman/Presiders ice President by: G(_ Ines�S� L • �D 11n 4iby� (print name) Its: (circle one) Secretary/Chief Financial Officer/ Officer sst. Secreta Treasurer 5 4\s:G:(4)96Agree:Consen 12 RLS#97-096 2/25/97 EXHIBIT "A—l" REQUEST FOR CONSENT TO SALE OF PROPERTY DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA Date: February 25, 1997 Property Location: West of Huntington Street, North of Main Street Property Address: No current address Assessor's Parcel No(s).: 159-311-03,04,05,06,07,13,14,15,16 & por. 111-073-06 Legal Description: Lots 1-151,A-V, AA& BB of Tract 14662 Acreage: 16.30 acres Buver: Name: Greystone Homes, Inc. Address: 7 Upper Newport Plaza City/ST/Zip: Newport Beach, CA 52660 Telephone: 852-9411 Contact: mug Woodwar Current Owner: Name: Shea Vickers Residential, L.L.C. Address: 1999 Avenue of the Stars, Suite 2000 City/ST/Zip: Los Angeles, CA 90067 Telephone: (310) 203-9600 Contact: Brian Carr Existing Use of Property: Residential Intended Use of Property: Residential Existing Entitlements/Permits: Approval Date: Environmental Impact Report No. 89-1 January 8, 1990 General Plan Amendment No. 89-1 January 8, 1990 Development Agreement No. 90-1 November 5, 1990 Holly Seacliff Specific Plan (SP 9) April 20, 1992 Tentative Tract Map No. 14662 -August 24, 1993 Conditional Use Permit No. 92-49 with Special Permit August 24, 1993 Conditional Exception No. 93-6 August 24, 1993 CONSENT TO SALE APPROVED BY: Signature: Name: Title: Date: Attachments: Exhibits B-E for attachment to Certificate of Consent ' T " o SEE - GOTNARoSHEET I 1<v9.74'(I(o9.74)RI STR E ET N NO°18'S5"E !A� 2Cn39.92' (20�9.85'� R1 0 '� r <o O I -P �n NO 18 55E _ - 4. - \ �1\j Jr, O- N89°42'59"W ' � NO°1655:� 454.46� 75.00 O-�j 'y � �• �p — o a � Jcvi4� WN 3Co9.5 `- nor . �' � V N O qs LOT � -0 LOT'L" w r 0 p J , (� J N O or N W P .71/� 1 YQ 0 - - - z u \/ o W al Z 1 UI �' — `n w N N O CP r!o 9 C �o w N 63 54 48 CD N NO°19'Oo"E 1480.9e w w 6 0 1480.g7')Rt (14-81. 18 . •� �' .i 6 147 - �" W 00 /pOS3 S' 6 Co.l3'(3loCo.11'��R2 03.99 � t [0 14Co v s �' � bo �! � � 53 .z3,�� �() r I(1o399'�R, N '� 50 57 : 0 145 _ _ _ — — � c' c'� 6�9 No-0 2 59.9Co' z —� 4B 59 144 W N -P o •mil i N 0 1 9p••8 �°23p Jp �, .)4-o 2to10.00;)R2I_Q A rV )VJ $.JQ? W �N IA A LOT _ .0 P �19i(o.73')R2 r' A 6a :. o �.. orl0 -N O. �, \ °r lSCo.lo9' W N. (ISCo)R,,N '� 6l L��++ A .r C J J J -! J P J J J J J -�A Co28:44' �' 155.99��` _ �N N O° 19 0 n 6 03.97 o.9rn ' I OI o. 9 - t to II' z NO°Il'5511E 744.73: 211.5�' _ 0399' 103.99' Lor°8Bp W 804.09 ' (744. SI991 N N Jt — NO 19 00 E0. 1275.CoI RI ° HUNTINGTON . STREET ono �rn-Prn C • s d r .� .^•" o-\D G 19.8 2' rn Z N NO°I S'I I"E 1 j Ama LP fit �Z -n 0 r D EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES & OBLIGATIONS BETWEEN PLC (DEVELOPER), SHEA VICKERS RESIDENTIAL, L.L.C. (SELLER) AND GREYSTONE HOMES, INC. (BUYER) FOR PARKSIDE RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1; Linear Park. Developer is responsible for all park dedications required by the Agreement. The City applied 2.09 acres of Developer's dedication credits prior to approval of Final Tract Map No. 14662 (see attached Exhibit C; memo dated January 9, 1995). Section 2.2.2;Neighborhood Parks. Developer retains obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3; Public Right of Way and Private Streetscape Improvements. Developer retains all obligations with the following clarifications: 2.2.3(b)and (c); Buyer will assume the obligation to improve and maintain private perimeter landscaping, walls, and signage on the Property. Section 2.2.4; Traffic and Circulation Improvements, Developer retains all obligations, with the following clarifications: 2.2.4 • Developer will retain all traffic impact fee credits for Developer improvements. Traffic Impact Fees due for the project are $138,000 (per attached Exhibit D; letter dated October 6, 1994). Developer may assign these credits to Buyer. 2.2.4(g, Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and (i), Developer will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5; Water, Sewer, Drainage and Utility Improvements, Developer retains all obligations, with the following clarifications: 2.2.5(a); Developer will be responsible for maintenance of and/or relocation of the existing offsite sewer line serving the Parkside Property through the Belmont property, as identified on attached Exhibit E. 2.2.5(b); Developer will be responsible for completion of the offsite public storm drain system serving the Parkside Property through the Belmont property, as identified on attached Exhibit E. Buyer will be responsible for any onsite drainage improvements required for development of the Property. 2.2.5(d); Buyer will be responsible for undergrounding of overhead utilities located on the Property at the time of development. 2.2.5 : Developer will be responsible for backbone Green Acres reclaimed or subpotable irrigation lines; Buyer will be responsible for connections and onsite irrigation systems at the time of development of the Property. 2.2.5(g); Developer will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. 2.2.5(h); Developer will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent 02/28/97 agreement with the City. Section 2.2.6, Fire and Emergency Medical, Developer retains all obligations, with the following clarification: 2.2.6(b); Developer will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2.2.7; Police, Developer retains all obligations with the following clarification: 2.2.7(a),• Developer will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2.2.8; School Facilities, Developer retains obligation for designation of a public elementary school site. Buyer will be responsible for payment of school impact fees associated with development of the Property. Section 2.2.9; Other Development Controls 2.2.9(a);Not applicable to Property. 2.2.9(b); The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Buyer shall assume the obligation to provide affordable housing(23 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10; Fees,with the following clarifications: 2.2.10(a), (b), (c), (fl, (g), (i)and (j); Buyer will be liable for payment of any development fees applicable to the development of the Property, not already paid or mitigated by Developer or Seller. 2.2.10(d); Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Developer may have credits under Sections 2.2.6(b)and 2.2.7(a), Developer may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(e): Water Capital Facilities Fees, refer to 2.2.5(h)above. 2.2.10(h); Traffic Impact Fees, refer to 2.2.4(f) above. 02/28/97 EXHIBIT C I• ' CITY OF HUNTING"T0N BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: DON WATSON CITY TREASURER FROM: 'MELANIE FALLON COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 14650, 14662, 14903, 14904,AND 14905 DATE: JANUARY 9, 1995 Huntington Beach Co./Pacific Coast Homes has requested to apply the previous parkland credit of 17.55 acres to satisfy the Park and Recreation requirements for Tracts 14650, 14662, 14903, 14904, and 14905. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 17.55 AC Parkland Dedication Requirements: TRACT 14650 onion of Surfcrest South 0.33 AC TRACT 14662 (Parkside) 2.09 AC TRACT 14903 (The Cove) 1.59 AC TRACT 14904 and 14905 (Portofino) 2.01 AC 6.02AC - - --- 6.02AC SURPLUS LAND CREDIT 11.53 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 11.53 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Dan Villella, Finance Director Valaya Hull, Senior Accountant Howard Zelefsky, Planning Director Jane Madera, Assistant Planner H.B. Parks File (195jm1) H:/Madaahracts/park=3 EXHIBIT D i, CITY OF HUNTING` ON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Public Works Department - (714) 536-5431 October 6, 1994 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Attention: Mike Kaizoji Subject: Bond Amounts and Fees - Tract 14662 Gentlemen: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $30,000.00 Improvement (faithful performance) 1,460,000.00 Improvement (labor and material) 730,000.00 Guarantee& Warranty (not due until Tract release) 146,000.00 Fees Sewer, 151 units @ $150/unit $22,650.00 Water, 151 units @ $60/unit 9,060.00 Drainage, 19.271 acres @ $5,500/acre(Wintersburg Channel) 105,990.00 Engineering and Inspection, 8%x $2,471,375.00 197,710.00 Construction Water, 151 units @ $12.00 unit/month 10,872.00 (6 mos. paid in advance O.C.S.D. Sewer $2,350/unit 354,850.00 Traffic Impact Fee(due prior to certificate of occupancy) 138,000.00 1 ' L • • ry 3 FEW 3 -= r.. I Nil Fj fi � 3! �r HIMI11r u f J � AMERI 0 } STATE OF CALIFORNIA }ss. COUNTY OF ¢ On , 1 F f 2 , before me, (?'0 L C-RT ! n7, /.(i ,x personally appeared Z i y pq-S 146 btbi-:i)4w jqb G if 6z15m P HI X L. 6, 1S 13s , personally known to me ( sls o sa ) to be the person(s) whose name(s) ' are subscribed to the within instrument and acknowledged to me that hill he xecuted the same in hi heir uthorized capacity(ies), and that by h' �theirignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd and official seal. Signature = p-�..Q�Zo-- 7'h . ROBERTA M. KERN COMM. #1119189 r► NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm.Expires Dec.8,2000 (This area for official notarial seal) Title of Document Date of Document �,� 997 No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ✓� County of404— OnwY Z�X. y 0 7 before me, Date 1/ Name and Title of Officer(e. 1,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s)A)ersonally known to meXJ ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALISON BRANNEN SHEA z K COMM.#1012818 Z z y -. Notary Public—California n WITNESS my hand and official seal. LOS ANGELES COUNTY My Comm.Expires.lAN 2, 199,3 �G'/���,;• %� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �Crf Tfi ah rl� (0� 31-b &qW4� Document Date: 02/ag Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator 0 ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSMACKNOWLEDGMENT State of County of On a.� 01� �L['� before me, De'� �PX' Date pp Name and Title of Officer(e.g.,"Jane Doe Notary Public") personally appeared 1`�QYe, t�lQS1N�Q,v� W TT1ue-j— L lo'tA�Dn Name(s)of Signer(s) ' personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is re ubscribed to the within instrument and acknowledge to me that he/she4 executed the same in his/her ei uthorized capacity(ies),and that by his/her/ eir ignature(s)on the instrument the person(s), DEEBAIER or the entity upon behalf of which the person(s) acted, Commbslon#1086001 executed the instrument. Notary Public—Ca6fomia Orange Courdy WITNESS my hand and official seal. My Comm.EVbw Apr 19.2000 L 6aA�� Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 0-4-k Document Date: ��a$>'q7 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator 26 ElGuardian or Conservator ElOther: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 . o CALIFORNIA ALL-PURPOSt- ACKNOWLEDGMENT State of County of gkr__� On aA "L13, &9 2 before me, „ rr Date —� ,,ss Name and Title�ofpicer(e.g.,"Jane Doe,Notary Public") personally appeared�-�� &2xi ►� Clin.� C.6Z-�r�u.� c� , n { Name(s)of Signer(s) C sonatty Tr&Wdt3/ex9mep- to be the person(s) whose name(§�ie%�ubscribed to the within instrument and acknowledged to me that 4e><-�they executed the ' A3�,YBRICE L.J yNy IN same in HisA4@4their authorized capacity(ies , and that by . a c 991835 hisfHQn'their signature on the instrument the person, Y Public-California or the entity upon behalf of which the person(s) acted, ORANGE COUNTY executed the instrument. MY C Expires MAY 1), 1497 WITNESS my hand and official seal. • MAYBRICE L.JOHNSON a "s COMM.#991&35 z ' z Notary Public—California n /'yam` ORANGE COUNT/ Sig ure of Notary Public My Comm.Expires MAY 11,1997 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: log #��, `�- 6 d 2 ,•.0,6 ,�. mac. ✓ _ Document Date: 3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) - Signer's Name: rT," egay, Signer's Name: 49w l ❑ 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 •- C�Other: yam . Top of thumb here I�Other: Cc• 6&eA Top of thumb here Signer Is Representing: Signer Is Representing: '.� wal 1 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Council/Agency Meeting Held: ? �� Deferred/Continued to: �pproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: December 2, 1996 Department ID Number: CD 96-43 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator-ZVY PREPARED BY: MELANIE S. FALLON, Community Development Director SUBJECT: Consent For Pending Sale of the Parkside Project in the Holly Seacliff Development Agreement Area Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by PLC for the City Council to provide consent to the pending sale of the Parkside project in the Holly Seacliff Development Agreement area to Shea Vickers Residential, L.L.C. Section 4.2 of the Holly Seacliff Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Parkside is an approved project for 150 attached units. Staff has performed due diligence regarding the pending sale of the project. Staff recommends that the City Council provide consent to the sale of the project to Shea Vickers Residential, L.L.C. with a condition that certain street improvements be completed prior to final inspection of the residential units and that affordable housing requirements, to be completed by the buyer, be satisfied. Funding Source: Not applicable. ' . REQUEST FOR COUNCIL ACTIO MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Shea Vickers Residential, L.L.C. with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including the following conditions: a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B of the "Request for City's Consent to Sale" letter from PLC, dated 7/19/96, shall continue to be the responsibility of PLC (Attachment No. 2); and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9); and c. PLC shall instruct City right-of-way personnel, in writing, to pursue the purchase of all remaining street right-of-way required under the Development Agreement; and d. As the Parkside project currently stands, total Traffic Impact Fees due (per 10/06/96 fee letter) will be $138,000.00. Credit for this entire amount shall be retained by PLC and debited against City obligations to PLC at time of sale; and e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis Avenue and Garfield Avenue, and Promenade Parkway between new Gothard Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed, and f. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the 113th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units. Prior �-- to Buyer recording any such affordability covenant, the Buyer shall submit said covenants to CD96-43.DOC -2- �� 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 the City Attorney and the Community Development Director for review and approval as to form and content, 2. Authorize the Mayor to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations." Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent for the pending sale of the property known as Final Map No. 14662, Parkside, to Shea Vickers Residential, L.L.C. and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: PLC Location: Final Map No. 14662 -- West side of Huntington Street, approximately 500 feet north of Main Street. B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement for the properties then owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. On May 6, 1996 the City Council approved the consent for the pending sale of approximately 448 acres of property governed by the Development Agreement to PLC/MS Vickers II, L.L.C. The sale of the 448 acres closed on May 9, 1996 at which time the properties came under the ownership of PLC/MS Vickers II, L.L.C., and they assumed the development obligations previously held by Chevron Land and Development Company and its affiliates. The Development Agreement requires PLC/MS Vickers II, L.L.C. as the Developer to provide numerous public improvements. To date, the Developer is in compliance with the terms of the Development Agreement as determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 1995, was approved by the Planning Commission on January 23, 1996 and the City Council on February 5, 1996. CD96-43.DOC -3- 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 C. STAFF ANALYSIS AND RECOMMENDATION: PLC has entered into.a purchase and sale agreement with Shea Vickers Residential, L.L.C. for the sale of the property known as Final Map No. 14662, Parkside (Attachment No. 2) Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, the City Council must provide consent prior to the sale or transfer of properties to buyers not affiliated with the developer. Final Map No. 14662 is an approved project to subdivide a 19 acre parcel and construct 150 attached single family units at Main and Huntington Streets. The project was approved by the Planning Commission on September 8, 1993. (Attachment No. 3). ' The City Council approved the Final Map for the project on March 6, 1995. Prior to Chevron Land and Development Company selling this property to PLC, four model homes were constructed, but not finished, on the site and some of the internal street improvements were installed. The letter from PLC indicates that PLC will generally retain responsibility for the obligations of the Development Agreement. The buyer would be responsible for items such as undergrounding utilities at time of development, payment of certain fees and maintenance of perimeter landscaping. The Fire Department does not have any concerns regarding sale of the properties; PLC will retain the obligation of Paramedic reimbursements and Fire Station construction costs. The annual paramedic payment for fiscal year 1996-97 has been paid in full. The Public Works Department requests that a condition be required of the sale pertaining to street improvements. Specifically, the Public Works Department requests that final inspections not be approved for the residential units of Parkside until street_ improvements for new Gothard Street are completed. Off-site infrastructure improvements will be completed by PLC, the buyer will be responsible for on-site improvements. All conditions of approval for the tract maps and conditional use permits remain in effect. These conditions include compliance with the Affordable Housing Plan (AHP) for the Holly Seacliff Specific Plan area, as well as the infrastructure improvements referenced above. The AHP links provision of affordable units with a certain number of market rate units. It is anticipated that the first AHP milestone will be reached in 1998 or 1999. Shea Vickers will satisfy the affordable housing requirements for.Parkside, for which staff is recommending a condition. The City Attorney has determined that all of the obligations of the development agreement run with the land covered by the development agreement. The City Attorney has prepared a Certificate of Consent Agreement (Attachment No. 4) which includes the Public Works Department request and the condition for affordable housing. It will be signed by the seller, the buyer and the City if consent is provided for the pending sale. CD96-43.DOC 4- 11/27/96 10:19 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 2, 1996 DEPARTMENT ID NUMBER: CD 96-43 Staff recommends that the City Council provide consent to the sale of the subject property and authorize the Mayor to execute.the Certificate of Consent. There are no outstanding public improvement issues related to the project, and the terms of the Development Agreement will be fulfilled. Environmental Status: The Holly Seacliff Development Agreement No. 90-1 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. Staff has prepared a mitigation measure compliance matrix for Final Environmental Impact Report No. 89-1 which requires the Developer to complete necessary studies and complete the requirements of the studies prior to development. Attachment(s): NumberCity Clerk's Page 1. Vicinity Map 2. Letter from PLC dated July 19, 1996 regarding Parkside 3. Tentative Tract Map No. 14662/Conditional Use Permit No. 92- 49 Conditions of Approval 4. Certificate of Consent Agreement for Parkside. (g Arcafo rm s\cd 96-43) CD96-43.DOC -5- 11/27/96 10:19 AM 4 W ixLu C FF SLATER AVENUE O Z cc IL 0 N W Z TALBERT AVENUE 3 CENTRAL o PARK O F'9T "u O - wolow ELLIS AVENUE GARFIELD AVENUE YORKTOWN AVENUE H.B. HIGH CIVIC �s SCHOOL CENTER AVE UE SEACLIFF ADAMS AVENUE COUNTRY CLUB A� ; cc W W J 1- 0 m �O cn 4� J In O K 'z V Q U �e O PARKSIDE m cc m y�c ti�ygy CITY OF HUNTINGTON BEACH VICINITY MAP 1TLMLY-SEACL OFF o LSA Ic tiJuly:,a:9, 1996 Ms. Melanie Fallon, Director Community Development Department 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Parkside Residential Project; APNs 159-311-03-07, 13-16 & 111-073-06 Dear Melanie: PLC has entered into an agreement to sell the above property, located west of Huntingtoq Street and north of Main Street, to Shea Vickers Residential, L.L.C. In accordance with Section 4.2 of Development Agreement No. 90-1, we are formally requesting the City's consent to this sale. Similar to other approved sales of development agreement properties, PLC will retain the obligations for installation of offsite utilities to serve this property in accordance with the development agreement. In addition, this property will be eligible to utilize PLC's credits for park dedication, traffic impact fees and water capital facilities fees payable at the time of development, subject to PLC's approval. I have,attached an information form including a legal description of the property to be sold and pertinent entitlement information. Also attached is an exhibit clarifying development agreement rights, duties and obligations between PLC and Shea Vickers for attachment to the Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there is any other information you need. We would like to have this scheduled for the September 3, 1996 City Council meeting, if possible. Very truly yours, William D. Holman Planning & Government Relations Encl. Information Form and Legal Description cc: Mary Beth Broeren Paul D'Alessandro Graham Jones Jeffrey A. Dritley PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone Newport Beach,California 92660 714. 729, 1214 Facsimile O .� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date : September 13 , 1993 NOTICE OF ACTION Applicant : Seacliff Partners, 520 Broadway, Suite 100, Santa Monica, CA 90401 K Subiect : TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24, 1993 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on September 8, 1993 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of . the Huntington Beach Ordinance Code, the action taken . by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by- and' y and. upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the City.;Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee. is September 20; 1993 Provisions. of the Huntington Beach Ordinance Code are such that any application becomes- null and void one (1) year after final approval, unless actual construction has started. (7364d-3_.). i J� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 September 13 , 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 SUBJECT: TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24 , 1993 PLANNING COMMISSION MEETING) REQUEST: Subdivide a 19 acre parcel into 150 attached signal. family dwellings with a special permit to reduce common open space by nine (9) percent and a variance to reduce building separation from 15 feet to 10 feet and permit a reduction in the required front upper story setback from 15 feet to 6 feet . LOCATION: West side of Huntington Street, approximately 500 feet north of Main Street DATE OF APPROVAL: September 8, 1993 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1 . The proposed subdivision of a 19 acre parcel into lots for development of 150 attached single family dwellings will be compatible with adjacent properties . 2 . The establishment, maintenance and operation of the proposed subdivision of a 19 acre parcel into 150 attached single family dwellings will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. 3 . On-site parking and circulation are adequate for the .proposed subdivision of a 19 acre parcel into 150 attached single family dwellings and have the potential of creating a congestion and circulation hazard. 4 . Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Main Street and Garfield Avenue. (7358d-3) L " Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Two FINDINGS FOR APPROVAL - SPECIAL PERMIT: 3. The following special permit promotes a better living environment by adapting the Holly Seacliff Specific Plan requirements which is compatible with the surrounding area : a . Reduced common open space (41, 348 square feet in lieu of 52, 500 square feet) which is balanced by an excess of 100, 000 square feet of private open space. 2 . The requested special permit provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . 3 . The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . 4 . The requested special permit is consistent with the objectives of the Holly-Seacliff Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-6 : 1 . The granting of Conditional. Exception (Variance) No . 93-6 to reduce the sideyard from 15 feet to 10 feet and the reduction of the front, upper story setback to 6 feet will not be materially detrimental to the public health, safety and welfare, or injurious to the property, or improvements in the neighborhood. 2 . Conditional Exception (Variance) No. 93-6, a request to reduce the sideyard building separation from 15 feet to 10 feet and the reduction of the front upper story setback to six (6) feet is consistent with the goals and objectives of the City' s General Plan. 3 . The granting of Conditional Exception No. 93-6 from the development standards in the Holly-Seacliff Specific Plan will not defeat the intent of the Holly-Seacliff Specific Plan. (7358d-4) r '• Tentative Tract No. 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No . 93-6 Page Three FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14662 : 1.. The size, depth, frontage, street width, and other design features of the proposed subdivision of a 19 acre parcel for 150 single family dwellings is in compliance with, the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Medium Density Residential and the Holly-Seacliff Specific Plan. 3 . The site is relatively flat and physically suitable for the proposed density of 7. 8 units per gross acre. 4 . Tentative Tract No . 14662 for a 19 acre subdivision to create 150 single family attached dwellings is ' consistent with the goals and policies of the Huntington Beach General Plan, the Holly Seacliff Specific Plan, and Development Agreement No. 90-1 . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1. The site plan, floor plans, and elevations received and dated August 16, 1993 shall be the conceptually approved layout with the following modification: a . Comply with windrow mitigation measure compliance design. b. Lots 86 and . 87 shall be sited with a minimum nine (9) foot front setback; Lots 88 and 89 shall be sited with a minimum (9) foot front setback; Lots 136 and 137 shall be sited with a minimum seven (7) foot front setback; and Lots 138 and 139 shall be sited with a minimum eight (8) foot front setback. c. Provide modified drainage system adjacent to Amberleaf Circle as required and subject to reimbursement by the Department of Public Works . " d. The space between new and existing perimeter walls shall be covered or filled subject to the requirements of the City Engineer and the Building Department . 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . (7358d-5) Tentative Tract No. 141662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Four b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director . c . Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building -Department and indicated on the floor plans . e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . f_ Elevations shall depict colors and building materials proposed. g. 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 . h. A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis .shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities . i . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. (7358d-6) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (variance) No. 93-6 Page Five j . Entries to private streets shall be delineated by decorative pavement . k. The applicant shall be subject to an Affordable Housing Plan as required by the Holly-Seacliff Specific Plan. 3 . Prior to issuance of building permits, the applicant/owner shall complete the following : a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and the Holly-Seacliff Specific Plan. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project ' s landscape plan. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water. runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. Perimeter fencing plans for review and approval which depict decorative materials . (7358d-7) i r Tentative Tract No . 1�662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Six " f . Gated entryway (access control devices) plans to the Community Development Department . A "statement of architecture" should be incorporated to highlight the theme of the development . Said gated entryway shall comply with Fire Department Standard 403 . Prior to the installation of any gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works departments . g.- Provide an infrastructure and development. phasing plan. h. Common landscape areas shall be landscaped, or a bond posted, by phases . 4 . Prior to the removal of any windrow trees and/or .landscape materials which comprise the current windrow massing, a common area, perimeter windrow mitigation implementation landscape plan shall be submitted and approved by the Department of Community Development . The implementation plan. shall .include a site plan, a landscape material pallet, the number, size and variety of species and a phasing schedule for implementation of all perimeter landscaping. 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. . 7 . Installation of required common area landscaping shall be completed prior to final inspection of each phase. 8 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; (7358d-8) Tentative Tract No. 1�662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No. 93-6 Page Seven c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d. Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Conditional Use Permit No. 92-49 shall become null and void unless exercised within two (2) years of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14662 : 1. The tentative tract map received and dated August 16, 1993, shall be the approved layout with the following modification: a . Comply with windrow mitigation measure compliance design dated August 24 , 1,993 . 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: a . Irrigation for landscape areas shall be designed to connect to future reclaimed or subpotable water supply, to the extent allowed by the State Department of Health Services and to the extent required by Development Agreement No. 90-1 as determined by the City Engineer. b. The developer shall submit for review and approval by the Public Works Department, separate, 24" x 36" water improvement plans, showing •service connections to all lots, fire hydrants, valves and other appurtenances . c. The water system shall be located within vehicular travelways and shall be dedicated to the City. The Homeowners Association shall be responsible for repairing an enhanced pavement if the water facilities require repair or maintenance. (7358d-9) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No. 93-6 Page Eight d. An approved backflow device shall be installed on each domestic water service per Public Works Standard Plan No . 609 . e. Sewer systems within private, interior tract streets shall be owned and maintained by the homeowners association. f. Interior street and utilities therein shall be designed and constructed in accordance with the Department of Public Works Standards . g. Signing, striping, and street lighting shall be designed and constructed in accordance with Public Works Standards . h. All vehicular access rights to Gothard Street, Main Street and Huntington Street shall be released and relinquished to the City of Huntington Beach except Lot 152 and at locations approved by the Planning Commission. i . Open spaces areas shall be maintained by the Homeowners Association. j . 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 . k.. 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 Manual, Subarticle 18 . 1. All existing and future utilities shall be installed underground, with the exception of 66KV lines . 3 . Fire Department conditions are as follows : a. A Fire Protection •Plan pursuant to Fire Department Specification 426 will be required to be completed prior to release of building permits . (7358d-10) L Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No . 93-6 - Page Nine 1) Besides general fire safety concerns, this plan includes tasks for roadway and hydrant installation prior to building permit releases . b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds, intersections and corners to comply with Fire Department Specification 401 . C. All roadways which are less than 40 feet in width must be posted as fire lanes and must have no parking areas posted and marked pursuant to Fire Department Specification 415 . d. Any fire access gates proposed to be installed must comply with Fire Department Specification 403 . > e. Approximately twelve (12) fire hydrants will be required. f . All units constructed attached by a common wall or walls having a gross square foot of 5, 000 -square feet or greater, regardless of a common property line separation, must have automatic fire sprinklers installed. g . Building address numbers for each unit must be a minimum of four (4) inches in size per Fire Department Standard 428 and in an unobstructed location which can be easily viewed from the street . h_ Prior, to release of building permits , all mitigation measures for compliance of oil, methane and environmental Fire Department Specifications 422, 429 , and 431 must be completed for each phase. i . Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic fire sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided pursuant to Section 10 .203 and Section 10 .205 of the 1991 Uniform Fire Code. 4 . At least 60 days prior to recordation of the final tract map, CC&R' s shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&R' s shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners ' Association. a . Include disclosure to the Homeowners ' Association and individual property owners regarding the future use of the Transportation Corridor. 5 . Model home complexes shall be permitted per Subdivision Map Act Section 66499 .30 prior to recordation of a final map. (7358d-11) z Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No. 93-6 Page Ten I .hereby certify that Tentative Tract No. 14662, Conditional Use Pe-rmit No. 92-49 with Special Permit and Conditional Exception (Variance) No . 93-6 were approved by the Planning Commission of the City of Huntington Beach on September 8, 1993 upon the foregoing findings and conditions . This approval represents -conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed -prior to final approval . Sincerely, Mike Adams, Secretary Planning Commission bAott Sess Senior Planner (7358d-12) ` -Pa P.ks.a e '' Recoraea in the County of orange, california Recording requested by, and I Clerk/Recorder IlllillllllllllllllllllllllllllllllllllnVil le, Clerk/R when recorded, mail to: IIIIIIIIIIIIIIIIIIIIIIiIII Fee 19960620732 10:08am 12/09/96 of Huntington Beach 005 11002519 11 14 City g C34 16 7.00 45.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 --- Attn: City Clerk +�L C Sc - 0 (j�a - .� !U S'h�� U,c k-,- I'-IS CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND �f THE ASSUMPTION.OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, SHEA VICKERS RESIDENTIAL, L.L.C., AND PLC WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by and between the City of Huntington Beach, a municipal corporation("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the Official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership, (hereinafter, "Developer"), and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-1"and"A-2,"respectively, to Shea Vickers Residential, L.L.C., hereinafter referred to as the "Buyer;"and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred; and f. The City is willing to consent to the sale of the Property and.to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights, duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; s I 4\s:G:(4)96Agree:C onsent8 RLS#96-529 NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROPERTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-1: Legal Description of the Property. A-2: Sketch of the Property. B: Clarification of Development Agreement Rights and Duties. C: Memorandum from Melanie Fallon to Dan Villela regarding Fees. D: -Traffic Impact Fees applicable to Project. E. Offsite Public Storm Drain System. 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 2 4\s:G:(4)96Agree:Consent8 RLS#96-529 a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B of the "Request for City's Consent to Sale" letter from PLC, dated 7/19/96, shall continue to be the responsibility of PLC (Attachment No. 2). b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996 (Attachment No. 9). C. PLC shall instruct City right-of-way personnel, in writing,to pursue the purchase of all remaining street right-of-way required under the Development Agreement. d. As the Parkside project currently stands, total Traffic Impact Fees due (per 10/06/96 fee letter)will be $138,000.00. Credit for this entire amount shall be retained by PLC and debited against City obligations to PLC at time of sale. e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis Avenue and Garfield Avenue, and Promenade Parkway between new Gothard.Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed. f. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344. g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the I I3th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units. Prior to recording any such affordability covenant, the Buyer shall submit said REST OF PAGE NOT USED 3 4\s:G:(4)96Agree:Consent8 RLS#96-529 covenants to the City Attorney and the Community Development Director for review and approval as to form and content. IN WITNESS WHEREOF,the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. BUYER: CITY: SHEA VICKERS RESIDENTIAL, L.L.C. CITY OF HUNTINGTON BEACH a Delaware limited liability company a California municipal corporation by: Shea Homes Limited Partnership a California limited partnership Mayor its member ATTEST: by: J.F. Shea Co., Inc. a Nevada corporation its govern partne City Clerk by: APPROVED AS TO FORM: Name: L. X 7`�/0/� r Title: V(C F P/2 f r/J t.4r - City Attorney bY��a,�.. ��P�.u.w�—t Name:"- Aa REVIEWED AND APPROVED: Title: Attrtr SCc�s�y City Administrator - DEVELOPER: PLC, a California General Partnership INITIATED AND APPROVED: (comprised of PLC Holdings, a California general partnership; and T/L Huntington Beach L.L.C., a Delaware limited liability company) Director of Community Development by: PLC Holdings, a California general partnership (general partner of PLC) SIGNATURES CONTINUED ON NEXT PAGE 4 4\s:G:(4)96Agree:Consent8 RLS#96-529 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On 1 Lu_w� , 1`j before me, Date Name and Title of Officer(e.g.,(gan_e D_oe,1 Notary Public") personally appeared Q'L�� �j ear a"-4( Name(s)of Signer(s) e---OR-Q proved to me on the basis of satisfactory evidence to be the perso (s whose namq-j) is�r subscribed to the within instrumen and acknowledged to me that he executed the same in hi heir uthorized capacit ies , and that by IiWheU#Ge( signature0on the instrument the person(U LAURA A.NELSON or the entity upon behalf of which the persoras acted, Commission#1066263 z executed the instrument. Z Notory Public-Califomia n ORANGE COUNTY WITNESS m and and official seal. MY Comm.Expires Jul 23,1999 / Y % Signature of Notary Public PT/ONAL Though the information below is not required by law,i.rmay 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.e (' Title or Type of Document: .Cc� tj, �` -l't-S t/i,�-� +0 Document Date: k + ('", Cj O Number of Pages: 2 Signer(s) Other Than Named Above: kc-'``^o.-3 ) Layre_ Via-rce-OLLL gaL,( 1�AI tesaw� � M.iG��c�'T. lkbaaru-Rsc� M21r.,n�� S, F�ct.c•r , �f�c�t A �t..._c yard Capacity(ies) Claimed by Signer(s) Cwr, So a�`"'�' p , Signer's Name: I�a-Q ( "�`� 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 _ Elll Guardian Qr Conservator ❑ Guardian or Conservator `.- `�Other: CIL I 0 V Top of thumb here -9'Other: VuLL,�rr Top of thumb here Signer Is Representing: Signer Is Representing: I", m 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 by: Paclaco, Inc., a California corporation (general partner of PLC Holdings) .r by: Z'`" Name: z ►y t3 f t L 7M W FqP Title: ?®pGs/DeNT' by: Name: G/t/��s TD P/f cJz GIBBS Title: by: T/L Huntington/Beach, L.L.C. a Delaware limited liability company (general partner of PLC) by: Lennar Huntington Beach, Inc. a California core r t'on (managing member T/ ngton Beach L.L.C.) by: Name: vvx Title: �'r�st oQ�•v�-{' Name:- T�qeAsa �fl�h4ov� Title: 5 4\s:G:(4)96Agree:Consent8 RLS#96-529 STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On December 2, 1996 before me, Kimberly Sue Lawrence, a Notary Public iri and for said state, personally appeared Les Thomas and Layne Marceau, personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. t Signature )� Xt, (This area for official notarial seal) 010011 LY SUE tAWRENCE C WXy6dM#11(8146 to AngMw couniN W Comm.Ephes Aug 9.2000 THIS CERTIFICATE Title or Type of Document: Certificate of Consent to the Sale of Property and assumption of rights,duties and obligations by and between the City of Huntington Beach,Shea Vickers residential,L.L.D.,and PLC Number of Pages: 5 Date of Document N)A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On ftobefore me, l"t Date Name and Title of Officer(e.g.,"Jane Doe,Nota Public") personally appeared 2 Name(s)of er(s) 14 ❑personally known to me—OR-roved to me on the basis of satisfactory evidence to be the person(s) whose name(s),ieare subscribed to the within instrument and acknowledged to me that he/she4op executed the same in h is/he rAlIFauthorized capacity(ies), and that by his/her/t eRignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,.a KATHLEEN A HENSLER 'o NOTARARYPU9UC-CCALFORNIA WITNESS my hand and official seal. Orange County ` 1M Comm.Expires Aug.22,1997 Signature of Not ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1n� Title or Type of Document: MAA Document Date: ' ;�,6 . `°�q Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer >"Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ i ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of -�ryti la County of OY.-_a,- _ On "V em p'a ,19 9J. before me, r pu&l c� , Date /r II Name and Title of 61ficer(e.g.,'Jane DO INotar Public personally appeared t 6d Names)of Signer(s) ' personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person s) whose namE -is re ubscribed to the within instrument and acknowledged to me that heEsfae the executed the same in hisA►e their tuthorized capacity(ies),and that by h29/h their ignatur (�s on the instrument the perso (s , DEE BAKER or the entity upon behalf of which the perso f�s acted, Commisslon#1086001 -�� NotaryPubllc—Calfomla executed the instrument. Orange County My Comm.Wes Apr19,2000 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: , Shv a V i&.QYS C Document Date: U Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator =- ❑ Other: Top of thumb here 0 Other: Top of thumb sere Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 it REQUEST FOR CONSENT TO SALE OF PROPERn DEVELOPMENT AGREEMENT NO. 90-1 HOLLY SEACLIFF AREA JUL 2 2 Date: July 19, 1996 ,.., Property Location: West of Huntington Street, North of Main Street - Property Address: No current address Assessors Parcel No(s).: 159-311-03,04,05,06,07,13,14,15,16 & por. 111-073-06 Legal Description: Lots 1-151,A-V, AA & BB of Tract 14662 Acreage: 16.30 acres Current Owner: Name: PLC Address: 23 Corporate Plaza Drive, Suite 250 City/ST2ip: Newport Beach, CA 92660 Telephone: (714) 721-9777 Contact: Bill Holman Assignee/Buyer. Name: Shea Vickers Residential, L.L.C. Address: 1999 Avenue of the Stars, Suite 2000 City/ST/Zip: Los Angeles, CA 90067 Telephone: (310) 203-9600 Contact: Brian Carr Existing Use of Property: Residential Intended Use of Property: Residential Existing EntitlemenWIDermits: Approval Date: Environmental Impact Report No. 89-1 January 8, 1990 General Plan Amendment No. 89-1 January 8, 1990 Development Agreement No. 90-1 November 5, 1990 Holly Seacliff Specific Plan (SP 9) April 20, 1992 Tentative Tract Map No. 14662 August 24, 1993 Conditional Use Permit No. 92-49 with Special Permit August 24, 1993 Conditional Exception No. 93-6 August 24, 1993 CONSENT TO SALE APPROVED BY: Signature: ' Name: Title: Date: Attachments: Exhibits B-E for attachment to Certificate of Consent 00 5 E E GOTNARD S H E E T 1 164.74'(I69.74'�R I STREET o 26339.92' (2��R.85'� RI 0 <O o I � 84.87' � — H o 01,O q J_—1 A vt NO°18'55E - - ' \ sr, O- = •�o o 0 0 0 0 0 0 0 0 ° N 0°115'55" 454.4a 7 5.00' O-�j ;y �O� - o � w J G' 0 - o -D rn � \O i . L-or — o 3�9.5q N �' y LOT o 0 'O LOT'L" w — N w � � _ _ 0 ° `11 J Or N J J tiQ / RSO9�' waWo "' �0tl zr 6, w O — - -_ —_ � 0 o. {u ' 1 ul + �' — D W N �`' O a 6; °'a C 15a _ N W W W co -JQ d� �` N N s3 54 . 148 _ N /�6,st2, �� t' NO°Iq'oo"E 14 80o .g8w W 60 1480.97'�R� 147 (I�t81. 18'�R2. •� ram„ to6 - °S`3 S,(� 3foCo.l3'(3lvlo.lt'��R2 03'� � 50 57 I� � n �'' � !� .'� 2� � f(1o399')IR� N -� _ ° 145 2 `+ p �y96 6/9 �°� No`o 2 �l9.9(0' Z _ 49 58 144 {' P A .� ui 0 �J 90 �° 30 J,P ;, .�0 2fn 00' R2I-0 48 59 W N - o a �+ .J ? LOT �o Co -Z. �2 (15(.T1 )R2 W N `' N A 6L ..� o c� c — �.. ao J •A• 15(c.(o9' -N. (1%)R,IN 61 W A .r G` �! G� G� J J J J P J J J J COZ6.44� : 155.91-0- �N N 0° 19 o - N w ,n -+ co .n A N 03.97 0.9ca ' I OI O. q O 1 10 II' 2 moo1T5V"E 744:73� 211.5�'�_ o3.99' 103.99' L07"BB" W 804.09 ' p' (744.61 R1 w _ N — NO°19'00"Eo- 1275.Ca1' 0O N N -0 (M713,GI `� • . NCINTINGTON . " STREET � � • o8o rn. m �► rn v S D � DN . drt` -� ~•~ n co 19.9 2' ,� rnr �nz No°18'(I"E rr D z C1 m;Lp ° R1 �2 TBata M -n-(�% D D 09/09/96 08:25 U714 729 1214 PLC LANT COHP:I:NZ ► CITY H B 004/0 0.5 EXHIBIT "B" CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS, DUTIES & OBLIGATIONS BETWEEN PLC (SELLER)AND SHEA VICKERS RESIDENTIAL, L.L.C.(BUYER) FOR PARKSIDE RESIDENTIAL PROJECT(PROPERTY) Section 2.2.1: Linear Park. Seller-responsible for all park dedications required by the Agreement. The City applied 2.09 acres of dedication credits prior to approving Final Tract Map No. 14662(see attached Exhibit C; memo dated January 9, 1995). Seller may assign these credits to Buyer. Section 2.2.2:Neiehborhood Parks. Seller retains obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3: Public Right of Way and Private Streetscape_Improvements. Seller retains all obligations with the following clarifications: 2.2.3(,b)and (c): Buyer will assume the obligation to improve and maintain private perimeter landscaping,walls, and signage on the Property. Section 2.2.4:Tragic and Circulation Improvements, Seller retains all obligations, with the following clarifications: 2.2.4 : Seller will retain all traffic impact fee credits for Developer improvements. Seller intends to assign$138,000 in traffic impact fee credits to Buyer for this property (see attached Exhibit D; letter dated October 6, 1994). 2.2.4E • Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and (D-,Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement,unless modified by subsequent agreementwith the City. Section 2.2.5: Water, Sewer, Drainage and Utility Improvements, Seller retains all obligations,with the following clarifications: 2.2.5(a), Seller will be responsible for maintenance of and/or relocation of the existing offsite sewer line serving the Parkside.Property through the Belmont property, as identified on attached Exhibit E. 2.2.5 b -, Seller will be responsible for completion of the offsite public storm drain system serving the Parkside Property through the Belmont property,as identified on attached Exhibit E. Buyer will be tesponsible for any onsite drainage improvements required for development of the Property. 2.2.5(d),,Buyer will be responsible for undergrounding of overhead utilities located on the Property at the time of development. 2.2.5(f): Seller will be responsible for backbone Green Acres reclaimed or subpotable irrigation lines;Buyer will be responsible for connections and onsite irrigation systems at the time of development of the Property. 2.2.5 0 : Seller will retain all credits and reimbursements for sewer,drainage,utility and water improvements due under this section of the Agreement unless modified by subsequent'agreement with the City. 2.2�)-.Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent 09/09/96 08:26 V714 %9 1214 PLC LA.N-D COfPA1N� 444 CITY H B Q 005/005 agreement with the City. Seller will collect from Buyer$360,000 in water capital facilities fees for offsite water facilities to serve the Property. Section 2.2.6; Fire and Emergency Medical, Seller retains all obligations, with the following clarification: 2.2.6(b)• Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City_ Section 2.2.7, Police, Seller retains all obligations with the following clarification: 2.2.7(a),• Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. Section 2.2.8; School Facilities, Seller retains obligation for designation of a public elementary school site. Buyer will be responsible for payment of school impact fees associated with development of the Property. Section 2.2.9,Other Development Controls 2.2.9(a):Not applicable to Property. 2.2.9(b).The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Buyer shall assume the obligation to provide affordable housing(23 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties,dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10; Fees,with the following clarifications: 2.2.10(a), (b), (e),(f). (a). (i) and(i);Buyer will be liable for payment of any development fees applicable to the development of the Property, not already paid or mitigated by Seller. 2.2.10(d), Buyer will be liable for payment of any Policeffire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits tinder Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10 e : Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(h);Traffic Impact Fees,refer to 2.2.4(f)above. EMBIT C 10B CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINCTON$EACH TO: DON WATSON CITY TREASURER FROM: , MELANIE FALLON COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PARK AND RECREATION REQUIREMENTS FOR TRACTS 14650, 14662, 14903, 14904, AND 14905 DATE: JANUARY 9, 1995 Huntington Beach Co./Pacific Coast Homes has requested to apply the previous parkland credit of 17.55 acres to satisfy the Park and Recreation requirements for Tracts 14650, 14662, 14903, 14904, and 14905. The use of parkland credit can be summarized as follows: PREVIOUS LAND CREDIT 17.55 AC Parkland Dedication Requirements: TRACT 14650 onion of Surfcrest South 0.33 AC TRACT 14662 (Parkside) 2.09 AC _ TRACT 14903 (The Cove) 1.59 AC TRACT 14904 and 14905 (Portofino) 2.01 AC 6.02AC ---- 6.02AC SURPLUS LAND CREDIT 11.53 AC Huntington Beach Co./Pacific Coast Homes will retain a parkland credit of 11.53 acres for future Park/Recreation requirements. cc: Bill Holman, Pacific Coast Homes Dan Vlllella, Finance Director Valaya Hull, Senior Accountant Howard Zelefsky,Planning Director lane Madera, Assistant Planner H.B. Parks File (1951MI) HL^,&d=-4,t 2cu/puknc3 EXHIBIT D CITY OF HUNTINGTON BEACH `r 2000 MAIN STREET P. 0. BOX 190. CALIFORNIA 92648 Public Works Department (714) 536-5431 October 6, 1994 Seacliff Partners 520 Broadway,Suite 100 Santa Monica, CA 90401 Attention: Mike Kaizc ji Subject: Bond Amounts and Fees - Tract 14662 Gentlemen: The following are the bond amounts and Public Works fees for the subject Tract: Bonds Monument $30,000.00 Improvement (faithful performance) 1,460,000.00 Improvement (labor and material) 730,000.00 Guarantee &Warranty(not due until Tract release) 146,000.00 Fees Sewer, 151 units @$150/unit $22,650.00 Water, 151 Units @ $60/unit 9,060.00 Drainage, 19.271 acres @ $5,500/acre(Wintersburg Channel) 105,990.OQ Engineering and Inspection, 8%x$2,471,375.00 197,710.00 Construction Water, 151 units @$12.00 unit/month 10,872.00 (6 mos. paid in advance O.C.S.D. Sewer $2,350/unit 354 850.00 Traffic Impact Fee (due prior to certificate of occupancy) 138,000.00 �`� �/ III 111111►� .1��`� /�IIIIIIIIIIIt LtS j! 1► lY}r r• • 1 r r _ -:fir_• � _ � V i. CITY OF HUNTINGTONBEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 1, 1997 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, California 92702 Enclosed please find a Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations By and Between the City of Huntington Beach and PLC, Shea Vickers Residential, L.L.C., and Greystone Homes, Inc. to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please conform the enclosed copy of the document and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk CB:jc Enclosures: Certificate of Consent & Assumption of Rights - PLC Shea Vickers, & Greystone Homes g:/followup/deedltr/Shea/Greystone jc (Telephone: 714-536-5227) Recording requested by, and when recorded, mail to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk �ii EGc ,�r C �c J1y� SPrI-E c�4 �FR(CS %o 9/2 CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PLC. SHEA VICKERS RESIDENTIAL. L.L.C., AND GREYSTONE HOMES, INC. WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the Official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership, and a portion to MS Vickers II, L.L.C., a Delaware.I imited liability company along with an assignment of the rights, duties and obligations under the Agreement; and A portion of the property, hereinafter referred to as the "Subject Property," as described in the legal description and sketch attached hereto as Exhibits "A-1" and "A-2," respectively, was sold from PLC, hereinafter referred to as the "Developer," to Shea Vickers Residential, L.L.C., hereinafter referred to as the "Seller;" and - The Seller desires to sell the Subject Property to Greystone Homes, Inc., hereinafter referred to as the "Buyer," The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred; and Tax-Exam pt-Gol,ernmebt Agency This document is sclel: for t'' 4\s:G:(4)96Aaree:Consen12 'CITY OF HUNTINGTCN BEACH official Ua:a.::e3s o'L t';e City RLS497-096 of Hunt. m f ., .,;;, �.s co, 2/25/97 plated Code Sec. 6103 -n^d should be recon I have received the Faithful Performance Bond, the Labor and Material Bond, and Monument Bond PLC Land Company, Tract No. 14662. 1 will release Huntington Beach Company bond Nos. 11141536091, 11141536091 and 11141536083, the securities furnished for faithful performance, labor and material and monuments respectively. (RCA attached with Council action of 9/3/96) Dated: 9-1 - By: PLC Land Company 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 i FA MFUt PERFUR1YLk CE' 130', First Term Premium Fully -Garnei i PRLMiUM $141,600.00 2 yr; : BOND:3SM 886 088 00 WHERE-kS, the City of Huntington Scud, Stare ofCali(omia,and, PLC General Partnership )-,esriti:tler designated as" Principal;"}have entered into an agmmem wbercby principal; agrees to install and compiez c,-min designated pcl:)ic improvements,which said a&r=xnGttt,dated . 1994, and ider rir d as Project : ract 14602, Parkside,is hereby inferred tv and made part bezeo f and : WHEREAS,Said Principal;is requirxi ui^dxx;h,e u.-tns of said agrettntrt to furrtzs}t a band for the faithful perrormartsc of said ag=ncnL „ Now,therefore wt, dtcprincipal-and American Motorists Insurance Co aSWMry ,art held and firmly band unto the C'cty of Hunungtoa 8cash hezinafta coil"City",In the postal start of One million, four hundred sixty thousand and no/100' { Lwfui money orEheUntedS es, Fortlrepaymcntaf ($1 ,460,OOQ.00) which,sum:well gnd trniy to be made,we b.nd oarsclvcs,err heirs,swa rssors,executors and adminisntorx,jointly and se'vaal3y, firmly by theses presents. 76e cond' on ofth s obUp6on is such that if the above bounded pr;ncipzl,his or its heirs,executors, ad=-LnisratDrs,succmors or assipi,shaLU in,all tt'np stand to and abide by,and well=)d truly keep and pcsform the ccrycrma ts,c=dit ors and provisions in the said igeerntnt and any alteration dxrsof trade=theenin provided, on his tot their part,to tA kept ad perf=cd at the tune and it the in the manna therein spcxifie d sd in all respect nxordimg tv their intent and meaning,and shall indemnify and save the harmless"City",ks offices,agents and eutplolers,.as therrip stipulat-;d, ,''mt this obligat;ao 9b311 b comc null and void;otherwise k shall be and remain bt fun 1 fora znd effect Asa past of the obGg36n, st"red hereby and in add*,=n to L+c face amount specified therefor m tb= shall bS included oust and rm-<,or.able experLus and ftx--, inciudiag reasonable zl=cy's fees iamuTed by"City" in "sues #a11y=forcing snch obigac an,all to be taxcc!as c=and incioacd iri anrYlndg;mnt.=dertd.. T'bc surrry hereby stipulate and agtts z;tat no c}tar;r, extansivn oftime,altamEart oraddidui to the MT=of Ohm agrv=cot or the•xork to be performod ar the spccificzt on acwmpaaying tba same shall In tnywist:of e'a ks obligati;$on this bond,lad it does hcret� waive notic%of any such cbangt;extension of tune, ah=don or addiuoe to the tams of the a&re,==1 to the work to the speriftca6otu. IN \�lTNE$S `.KTHh.REOF, this ,nsrrun riit has bc�n duly executed by the principal and surL•ty above nuned, May 6, 1996 PI_C General Partnership :merle an Motorists Insurance Cotnpatly (Pr)ncipal) 1 (Surer.; See attached signature block / Bv: 13v: \N' Mhopper, Attorney In Fact 13:�• i FAITHFUL PERFORMANCE BOND BOND NO. 3SM 886 088 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: ' 'P. B.Name: Rand Dunlevie Title: Chief Financial Officer By:_ &/J�' Name: hrlstopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: ona a M. Jaffe Title: is President Name: Theresa Pointon Title: Asst. Secretary } STATE OF CALIFO IA }ss. COU� OF �� } E On before me, 0 U d I/ �p m personally appeared !U L�y ( -/()L P— C V'/l✓ i= 1� �IrQ Is- PeL-x �• 6:/BQS personally known to me (eF proved a to be the person(s)whose name(s)3S re bscribed to the within E instrument and acknowledged to me that ; 'they xecuted the same in In heir uthorized capacity(ies), and that by h,s'har heir signatures) on the instrument the per of r t e e tit b I c person ROBERTA M. KERN s) acted, executed the instrument. Q V COIF iss)0N #977541 X Notary Public California 2 = ORANGE COUNTY O WITN S my han nd official seal. _ my Corrrti66"Expires g ( Nov"4r B, 46 Signature /K/' -4 J (This area for official notarial seaf) FAITHFUL PERFORMANCE BOND BOND NO. 3SM 886 088 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By:Name: Rand B. Dunlevie Title: Chief Financial Officer By: Name: hrlstopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: JonaiQM Jaffe Title: is President By: VL.' Name: Theresa Pointon Title: Asst. Secretary } STATE OF CALIFO IA }ss. Q. On before me, o"1• cg personally appeared ►�}(� l�y !�, Ci-/(f L V'/4 t= ' � Q 1: /Zt PtfL-X C l BQS personally known to me (ef$ravad . ' t to be the person(s)whose name(s)ps, re bscribed to the within LL instrument and acknowledged to me that they xecuted the same in he,' heir uthorized capacity(ies), and that by h,s:bw OS on the instrument the per o m ( person(s) acted, executed the in 11 ROBERTA M. KERN cokwlssloN #977541 x � � s Wary Public Calilomia WITN S my han nd official seal. _ ►AyOCorrrrr*&iw COUNTY es co /I November8, 19% Signature (This area for official notarial seal) CA611 ORNIA ALL-PURPO' ACKNOWLEDGMENT State of I.U-"Y\�OLD _ I County of V On 2( (o before me, I Dale Name and Title of Officer(e.g.,'Jane oe,Notary Svoftt personally appeared +n OrC 1 I Name(s)of Signer(s) 1. personally known to me— to be the personA ' / whose name)is/am subscribed to the within instrument and acknowledged to me that he/_qt a executed the ' same in his/hsa44en authorized capacity), and that by his/fair signature(A on the instrument the personV), ' MAMALANAWONE or the entity upon behalf of which the person acted, cornmtssson! W8t59 executed the instrument. WayoCc�r«nlo omgsMyConmDphn Feb l9,2MO WITNESS my hand and official seal. C; Signature f No 1h OPTIONAL 2; Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ' Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual Individual ❑ Corporate Officer _ Corporate Officer Title(s): Title(s): ! Partner—❑ Limited General Partner—'❑ Limited ❑ General ' Attorney-in-Fact = Attorney-in-Fact ?� Trustee = Trustee (5 Guardian or Conservator . ;• = Guardian or Conservator . ,- CAA Other: Top of thumb here _ Other: Top of thumb here r: Signer Is Representing: Signer Is Representing: �h 0 1995 National Notary Asscciabon•8236 Remmet Ave.PO Bon 7184•Canoga Park,CA 91309-7184 Prod.No 5907 Reorder Call Toll-Free 1.800-876-W7 AJP 4� t1 Y4. ) t............................:::::::::::::::.:::::::::::::::::::::::.:::..:.:..:::::::..:::. :::::::.:........... State of California County of Los Angeles On 1 y ;, : { �e- Kb Wopato Notary Public � �'� NAME TITLE OF OFFICER personally appeared William J. Shupper / NAME OF SIGNER Wersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on iii) J,';�'ATD the instrument the person(s), or the entity upon behalf of i COMM. #1032903 which the person(s) acted, executed the instrument. VOTARY PUBLIC-904RMtK LOS ANULES CO Wrf My✓Amm.Expires July 24, 19Q" Q WITNESS my hand and official seal. 0414` .. a ....i.+R♦AtOft � V�r/W I`n ,l Lt (SI NATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons rel)7ng on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ---------------- ❑ PARTNER(S) ❑ LMTED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) MAY 0 F; 14% ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR E\T1TN-(IES) ---------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE renaro< AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California* its true and lawful agent(s) and attorneys)-in-fact, to hake, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings pprovided the amount of no one bond or undertaking egceeds FIVE MILLION DOLLARS ($5,000,000.00) � *^*^ � ^*^^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or Pore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment Tray be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company nay appoint agents for acceptance of process.- This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.- In Testimony Whereof, the American Motorists Insurance Company has caused this, instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPAN) 1 ✓ � /tea �T W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice Presider (OVER) LABOR AND MATERIAL BOND PP Fmium included w/Pe'rf. BOND#i 3SM886 088 00 S,the CL7 Counui oftax City ofHw&&mn Bcach,State cf California,sad PLC, General Partnership (h=- is tr dcs i g=ed as-Principal")b ave entered iaty an a g c=eat wh=by principal agKs to ir:.sWl and=mplett certain designates publie Improvcaeats,wfzieh said agrwra=t;dazed _ 19_r,and ideutifxd as project P:rkside Trail No. 14662,is hcrrlrjr refcsresj to and made s ; put bm+zMd ` EAS,=der the tt'=of said agretment,principal is required brfom catering upon the perfor== of the ztea good and sufficient payment band with the City of Hantington Bc2rt to=v=the claims to whirl}ref trace is made tin Title I5(cartuaencing wits Se-•,..ion 3M)of Part 4 of Divizioa 3 of Civil Code of the Start4f 'ro3Zt.ia. , ow,tberefate,said pdnci}ra.I and the tmdersiped as eorpo=su ay,am held firmly bound tmto the City ofHt tt Beach and all contractors,subcwxIIado s,laborers,ate ltaea nail other pttsons cmployed m the pxf =ofthe aforesaid aUt=cnt and rcf=td to is he aformaid Code of Civil Prv=dure is the sum of Seven hundred : thirty tho and and no/100 ($730,000.00) for mataiaisfiunisbcdorlabcrtxx= : of any I a Cramvtutts due under the Uaanploymexit L:sta'anec Act with respect to such wo&or labor,d= slid will pay the sane in an tmount not exce-eding the t mount hercinabove set forth,and also in cast suit is brought upon this bond,will pay,in addRioa to the face z-mount thereof,cost and reasonable apc sm and fees, • ir:slvding� sable attcrnty's fen,inaamd by`City"L'S NGLtSsflllly�tftrrcing sncb obligation,to bC awardrsi . and fixed ri the court,snd to be t=cd as casts and to be included in the Judgment tbercia renderr3 I is hereby expr=ly vipul=ed=d agreed that this bond sbal:inure to the benefit ofsny and all persons, eotn�snict and corpcuadons canted to file claims under?itie 15(cim=ercirg with Section 3t182)of Part 4 of Divis�oo of Labor and Material Bond the Ci-fil Code,=as to give a rieht of actian to th=or their=ips in say Nit bfuv t UPC this bond. heald the condition of this bated be fully pafcr=ed,lhcn this obliga4on shall become anll and void, o ha�risc it shall be and retrain in full for=and effect.The surely hereby stipulates and agrees that no chznge, =,crsion t time,ziteration or addition to the terms ofsaid agreement cr the spocidcations accampastying the ame : sbz:ll Sn=y mzt=er affect its obligacons on this bond,End d=hereby waive notice of any such cbange,extcnsion, alter aoa addi!om IN WITNESS W-HEREOF, this instninrent has been duly executed by the principal and surety above named, FEBRUARY 22, 1996 PLC, General Partnership Americ*.IA Mot rests Insurance Com any (Ptincipa]) (Su ety) See attached signature block By: By: r1X1 Lu-n J. 1 u per, Attorney In Fact :::::::::::::..:::.................:.:::...........:.....................:::.......:::::..:: ::::::::::::::::::.:::..... .................... ......... ....... State of California County of Los An eles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon «Q_e,:9,,,,;,,,r;I behalf of which the person(s) acted, executed the ` instrument. G s G WITNESS my hand and official sea .(SIGNATU E OF NO ARY) 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 BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES S ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPlii-.jE ACKNOWLEDGMENT ----------- State of C'-,IAU ioe-N)iA t County of 2 Nm--�,e (. On :Uj Zj R o before me,MA2tA�AiMA KtaVbQQ.(90TAPIki Date rr Name and Title of Officer(e.g., Jane D7 Doe,No b ) N personally appeared �: l00 -{' QL_& ( Name(s)of Signer(s) personally known to me—GIR to be the person(4 ( whose nameW islet*subscribed to the within instrument (` and acknowledged to me that he/&ke*;ey executed the fisame in his/ r authorized ca acit p y(i�, and that by his/fir signature(A on the instrument the persor�6), ( or the entity upon behalf of which the personXacted, ( _ MARWAINARMONE executed the instrument. 00 s li i 1088159 (' -w Notory pubic—CCgfotnio OrangeCoulity — WITNESS my hand and official s MY Comm Endres Feb 19,2000 ( %S �Signalu u OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent t<5 fraudulent removal and reattachment of this form to another document. I Description of Attached Document ( Title or Type of Document: IIII� Document Date: Number of Pages: 2� i ' I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 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 El Trustee ❑ Guardian or Conservator ;- ❑ Guardian or Conservator - ' Off' ❑ Other: Top of thumb here ❑ Other: Top of thumb here O' Signer Is Representing: Signer Is Representing: I ®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Ziyad Abduliawad Title: ,President Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing membe By: Name: l Title: By: � (14'Vz A-- Name: ThV CL Of lVtr. r, Title: +. } STATE OF CALIFORNIA }ss. COUNTY OFco V �,,��_ E On QjS 7 / 9 before me, (5 C n1- t✓�'y 0 U m per nall ppeared Z l y y� 19g�u L-,TAwFJ C,H 0-1 S a PH E-R C 1 B S personally known to me (e�d t o be the person(s) whose name(s) are subscribed to the within LL instrument and acknowledged to me that /they xecuted the same in,hi5ihef eir�uthorized capacity(ies), m and that by his# their ignature(s) on the instrument the person(s) or the entity upon behalf of which the m person(s) acted, executed the instrument. ROBERTA M. KERN a COMMWION 9977541 z O Notary Public California WITNEr' ? nd official seal. _ , ORANGE COUNTY 0 my Cortnisa Expirn co o ) .,,,�•.. Novonta 6. 19% co Signature !This area for nffieial notarial Beall v ; !• '.MONUMENTBOND : i First Term Premium Fully Earne j Pii.FMMM $300.00 yrs ' ! BOND# 3SM 886 085 00 ? KNOB!ALL MEN BY T14ESEPRESENTS: That PLC, General Partnership as subdivider ofTraallo. Tract 14662,Parks Side ist the City of Iluntington Dmch,County of Orange,Star=of Califarnia,has suhmined to said City a Fine!Map of Said tract coat doing an cngin-aes or surveyor's wrdf=te stzting that aI1 final mcnttrnents well be sct in the positions indicated on or befom the date specified I said oertific= That said PLC, General Partnership asprincipaiand American Motorists Insurance Company as nr�,enryy guarantee ro the of Huntin �Y gtqn Beach the l ptgy em of the cast dr Vk=j alI such monuments within or in connccdcn with said tract,as are not j ai'ready sct prior to the r=,ding of said Final Map,in aererdaace with said map'and said certificate up w bdtnotinexc=ofthesurnof Thrity thousand and no/100 ($30,000)inwhichramwt i ark head and firmly bound to the City of Hua:ingion Beach,all in seoordance wM and subject to the tames, conditions and provisions of Article 9,Chapter 4 of the Gvvernrneat Code of the State of California. IN WITNESS WRLREOF, wt havc cseeutnd this insttamentthis 6th day of M.ay 1996 PLC, General Partnership American Motorists Insurance Company (Pruicipal) (Sur By: See attached signature block By: Jr Attomey In Fact r ,i•V �-l.r. MONUMENT BOND BOND NO. 3SM 886 085 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By. Name: Randy B. Dunlevie Title: —Chief �Financial Officer ie By: V/,4-- Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: J ,nath M. Title: Vide esident By: 0,44L 8 - Name: Theresa Pointon Title: Asst. Secretary } STATE OF CALIFOR }ss. COUNTY OF (J y cc ,,/ o On d S /F before me, ' �C �� ' T Q!✓ �9(Z) uNLL✓iE 6� m persoktily appeared personally known to me (oT-proved t to be the person(s) whose name(s)<are ubscribed to the within tj! instrument and acknowledged to me that they xecuted the same in their thorized capacity(ies), mand that by h' their natures) on the instrument the e s n o t e e ti u on ehaf f which th to Y' .. Rt lss�9n541N x person(s) acted, executed the instrument. S Notary Public Calitomia Ter rn = ORANGE COUNTY 0 _, WITN my han and fficial seal. J. My Comrission G*w.. CD . . ..,• November 8. Im 0 COO Signature _j (This area for official notarial seal) • CALIFORNIA ALL-PURPL ' ACKNOWLEDGMENT ( l State of ( County of • ��� On 2- 1 \ before me, IL, Date r Name and Title of Officer(e.g.,"Jane Doe,Notary ) ) personally appeared a n ro. 9.= pnd :LKQA ZCL- PI.nTOn 1 ( Name(s)of Signer(s) personally known to me- to be the person(,a') whose name(, is/so subscribed to the within instrument ) ( and acknowledged to me that he/ executed the ( same in his/ter authorized capacity(*sj, and that by his/b=!thsir signature($)on the instrument the person,01, ) MARMAINARINTONE or the entity upon behalf of which the personm acted, ( ,a �#�1 executed the instrument. Orangecotmuy ( MY CWM EJ*W Feb19,20M + WI SS my hand and official se r � t � 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: r �,- Document Date: Number of Pages: Signer(s) Other Than Named Above: Ca acit ies Claimed b Signer(s) p Y�• ) Y ) �5 Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ' ) Title(s): Title(s): f4 ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General I� ❑ Attorney-in-Fact ❑ Attorney-in-Fact 2I� ❑ Trustee ❑ Trustee �� ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb'here Signer Is Representing: Signer Is Representing: �I ®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5407 Reorder:Call Toll-Free 1-800-876-6827 LWdelAiiLLMURPOS..................:....::.:.::.... 1} ...N '.................................... ........ . ......... State of California County of Los Angeles On KD Wapato Notary Public NAME TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ®Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on as000000ee0000caW.•W-------.•••m•o the instrument the person(s), or the entity upon behalf of KO WAPATO c the which whi person(s) acted executed the instrument. COMM. #1032903 F p ( ) b NOTARY PUBLIC-GAL"IA z tOs AnK►Fs GMA24, 1 WITNESS my hand and official seal. e My('�+If1n1. fKpltb6 lUty 9J8 0 ^.00f•-• •••se - •^re a .o aw nee Ooa ( I(t NATO RE OF NOTARY) OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------------- ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT MAY C ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---------------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE marmma � � filR7R! AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60649 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking.exceeds FIVE MILLION DOLLARS ($5,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to executeron behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January, 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, I11, Exec.Vice President (OVER) 10/5 /_ ),P)PAo y7m4�t&&A � p- Council/Agency Meeting Held: �-If P -241 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig e Council Meeting Date: September 3, 1996 Department ID Number: PW96-051 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis % 6,."_ PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: SUBSTITUTION OF BONDS -- TRACT NO. 14662 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: PLC Land Co. has purchased Tract No. 14662 from Huntington Beach Co. and is requesting that their bonds be substituted in place of Huntington Beach CO's bonds. Fundinq Source: Not applicable Recommended Action: 1. Release Huntington Beach Co. bond Nos. 11141536091, 11141536091 and 11141536083, the securities furnished for faithful performance, labor and material and monuments respectively; and 2. Accept PLC Land Co. Bond Nos. 3SM 886 088 00, 3SM 886 088 00 and 3SM 886 085 00, the securities furnished for faithful performance, labor and material and monuments respectively, and instruct the City Clerk to file the bonds with the City Treasurer; and, 3. Instruct the City Clerk to notify the previous developer, Huntington Beach Co. of this action, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. 10;31-'96 12:52 '&+14 O 1214 PLC LAND CO19PANY 0012 � I ....... ..... - _ 1 y'J ` �i - it • ',�••�:' t,z �• ♦ -��•.`� / � �.��. r + \. m LU Z _. ✓/ UJ REQUEST FOR COUNCIL ACTIL,,4 MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: PW96-051 Analysis: On March 6, 1995, the City Council approved Final Map No. 14662, and accepted bonds from Huntington Beach Co., the securities furnished for faithful performance, labor and material, and monuments. Subsequent to this, PLC Land Co. purchased Tract No. 14662 and has requested that the City exonerate the original bonds posted by Huntington Beach Co., and substitute their bonds. Following is a list of project data: Subdivider: PLC Land Co., 23 Corporate Plaza, Ste. 250, Newport Beach, Ca. 92660 Engineer: Hunsaker & Assoc., 3 Hughes, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: West of Huntington St., North of Main St. Lots: 151 Acreage: 19.271 Zone: Holly-Seacliff Specific Plan 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). Attachment(s): City Clerk's Page Number 1 Location Map 2 Faithful Performance Bond No. 3SM 886 088 00 (On F i I e) S 3 Labor& Material BOND No. 3SM 886 088 00 (0n. F i I e) 4 Monument Bond No. 3SM 886 085 00 (On. F i I e) LMJ:BPC 0020417.01 -2- 08/05/96 8:48 AM TR - 14662 cn AL L� �J NOT TO SCALE Q o cn c� GARFIELD AVENUE w z � o Q c� w z o z ATTACHMENT N0.1 LOCATE OIL DAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G:TR-14662 j, je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 13, 1996 PLC Land Company 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 Attention: Mr. Bill Holman Regarding: Tract Map No. 14662 This is to notify you that the City Council took action on September 3, 1996 to approve the release of Huntington Beach Company Bond Nos. 11141536091, 11141536091 and 11141536083, the securities furnished for faithful performance, labor and material and monuments respectively; and accept PLC Land Company Bond Nos. 3SM 886 088 00, 3SM 886 088 00 and 3SM 886 085 00, the securities furnished for faithful performance, labor and material and monuments respectively. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure gAfollowup\tractmap (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 18, 1995 First American Title Insurance &Trust Mr. Ron Gomez 114 E. 5th Street Santa Ana, CA 92701 Attention: Mr. Ron Gomez Regarding: Tract Map No. 14662 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. O. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:cc Enclosure ff Received by: Dated: g:cclractmap (Telephone:714-536-5227) FRS I_IREAf Ih;I:JEST Oh11'1+ PHONE NO. 31O 394 33 9 Fe �1 1�95 05:4�2PM P1 N�.vv URBAN WEST, INC Sul Broadway.Suirc zoo )k Santa Monica,CA 90401 FAX 3ro.394.6872 obi Telephone 310.394.3379 � FCEIVED FROM MEMORANDUM AND MADE A PART OF TMERECORD AT Date: February 21, I995 THI.- 0OUNCIL MEETING OF?-� OFFICE OF THE CITY CLERK To. Victor Leipzig, Mayor CONNIE BROOKWAY,CITY CLERK From: 'Tom Zanicl Re: Agenda Item F-7 Final Tract Map 14662 (Park.side) I received your p1::: r, .message today regarding the above item. Since you are unavailable'11,.y phone, 1 am Sending this note. Based on your concern regarding an offsite issue, we are willing to agree to a continuance to the March 6 Council agenda, ]Cow,your informRtion, we have rnevwith Mrs. lEspitia, who lives adjacent to the project, as recently as today and have presented design solutions to Connect drainage problems on her property. We will contiijue to coortlinat,e with the Bgpit 9.5 and Steve May to solve this problem. cc: Steve May post-it'Fax Noto 7671 Data ! Na�es► 1 �, _ Qu,ll?opl, Co. 4 � Phone a Phone a I_1 h I TEL h�O: _ #009 P02 Co . +, • � �+A✓� Y1r\ �+4AJri�4tl{1W{��` ��� tlf I>ISURBATE(µMIDDIYY) S��M'}c 4f1'i{„nll� '? �l ij r; I�. "��:M►11i 01-05-95 i,1 ,ills •I 1' 1 j.�l')�•.I� 1 p: IS'i• �f ) + 1 ' PwODUCEA r CONFERS NO RIi31{TS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE • ,4'•SANDLIN A ASSOC. INS. AGENCY, INC. DOES NOT AMEND, ER79ND OR ALTER THE COVERAGE AFFORDED BY THE IIALLMM ASSOC. INS. SERVICES railclEs aglow. .-; pl0. BOX 769 � COMPANIES AFFOnDING COVERAGE rr LL WOBY, CA 90241-0769 . 1 : '`•:'IL •=� j L!T ei"Y A LNITED NATIONAL TNSURNgGH/W.K, COOPED A 90. COMPANY iiiitA so LE I IIIR g COMPANY OLDEN BAMM INSI1Tt11NCE ., fld ► 1JREIJIJd WEST, INC. Lgrrah D GERLING AMERICA IN5U ANCE/W.K, COOPER '52"UTA AY, suzTs 100 ��� n Y NAC -PT Cori./D S 6 1 R ri 90401 � •A ��7,aC);�M*Sfi :�; '�1�•Y i,,,•�f�l� i'.:,°„I ,(;t.i.', i' •11�I'!{.� ; , ,- d ', t�,� �,I ' �'1i{�'�1•i?:^rt : r 1i1.I,�i�iR '�f;,, , .r'�%S,�P','�i'..Iry S����1' � ��I��Li7�'�',,�, (•, 'PHIS IS TO CERTifY THAT THE POLICIES OF INSURANCE LISTED OELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE I"OR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS IIATIFICATE MAY SE ISSUED On MAY PERTAIN,THE INSURANCE AFFOhDEFj BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, E%CLU IONS ANU CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE SFEN riEDUCF0 13Y PAID CLAIMS." Cp TYPE OF IN611nANCE1 POLICY NUMBER POLICY Err-ECTIYE OLICY EXPIRATION LIMITA TR 4A II&(MMmom) bATe(µMt4UlYr) iOI&NeRAL LIABILITY c�fiNEr1Al A(4oAEaATIfi @ s 0��0 000 .N '0 "IMErIQIAL GENBML LIABILITY PITODU6111 oMr/Dh A00. $ QOQ,000. { t CLAIMS MADE oocvn. 11m 53364 OS/U1/94 08/01/95 PenSONTL A AbV.INJUnv, 111P000,000. NQ I to k t• OWII'8 A CONTnACtows PnoT, RACH OCCUhtIENCIi Q PRIVATE PROPERTY V1 RK ONLY r11i11 13 MX05(AI1Y --File) a 1,000, s0 0+00. f " MED.EXPtNS!(MT ome porous) 8 y AUTO—MOBILE 11A61UTT COMDINEO BINGLQ q T ' . .••ANY AUTO F' LIMY R a # OOO 000 ALL OWNtO AUTOBI .,. BODILY INJURY $ e®H@gUL20 AUTOS Ir•er polran} �'. Hi1tEp AUTO �ff PROVED # r� pt;- OS/O1 f 9�1 08j01/95 ncaorLY INJunr a ' HQN.QWNFQ AUTO$ (Per socIdeml) ®AI4A(peUABtUrr IL BUTTON, City Attoxn ' By-2 D®puffy City Att rney PRorEnTY DAMAGE @ 14 { 4. I;FO1190 LIA®II.ITT F.ACII OGOUnr16NOR ' UM9"ELtAPORM 09/O1/94 09/OIJs5 AOOitEGhTE $ OT"sn THAN UMBItgILA FOnM ,.S 000y QpOa.. woRxen'Q compeHBATION BTATUTOr1Y LlMlilit „V BAaH ACcIa�wT s y �7 C AND PWC 271733 09/30/94 09/30/9- 1g000,000. gIQBA88--POLICY LIMIT v QMPLOY®Rs'LIABILITY ptl3EASe—EACH EOAP46YE6 5 ,J F 0009 000 t oTHaw ': UZI,TaRS RISK : .SPECIAL FOPM 2106014 01/01/95 01/01/96 $130000,000, LIMIT OF INS. J T $ 5 000, DEDUCTIBLE ( DCRIPTION OF OhkhATIONSILOCATIONSIVEHIC►ESIBPECIAL ITeMQ EVIDENCE OF INSURANCELICENSE # 689662 *) , Fi CANCE�LLATIaN�7�r �.�, �" t. ,.,�•II�< fI.:1"� �':�;''� ' ' i�',�I '1' i't I. tia';t Lyra �I�+rui t, II h'.,; Il�;.,il.•'. ., k..>� .b CONTRACTORS $I'ATLr LICENSE BOARDSHOULD ANY OF TH1=ABOVE DESCRIBED POLICIES BE CANCELLED 119FOnE THfi EXPIhATION DATE TllprleOP, THE =UINO COMPANY WILL jiftR%QQXM Fi I P. 0. BOX 26000 +° MAIL-Z(L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SACRAMLNTO, CA 95826 i Lerr. T IJ {��C •�'�'" � E� Dt1�4A)S�76CItikDC]l4ri't�tlf� C�t4t3[DI�CR 9i9.»'tA;lRlltt� •: i �' '" Aurrlonlien herRealHTATIY SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14662 TABLE OF CONTENTS Section Paqe 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 6/k/tr14662/11/30/94 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14662 'THIS AGREEMENT is entered into this 9th. day of _March , 19S5, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SEACLIFF PARTNERS, a California general partnership hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14662; 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 Govemment Code of the State of California, and Article 997 of CITY'S ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 6/k/trt 4662/11/30/94 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One Million Four Hundred Sixty Thousand Dollars ($1,460,000) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of 2 6/k/tr14662/11/30/94 all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those whichsarise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 6/k/trl 4662/11/30/94 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars,($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify"CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 6/k/tr14662111/30/94 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 Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEYS FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney's 5 6/k/trl4662/11/30/94 fee, to be fixed by the court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEACLIFF PARTNERS, a•Califomia general CITY OF HUNTINGTON BEACH, partnership, Owner a municipal corporation of the State of California By: PACIFIC COAST HOMES,a California corpora ' n,gc!!S.rW partner, A4G By: Mayor Craig Rice, Vice President By: ATTEST: , Assistant Secretary William Holman City Clerk By: UWC-SEACLIFF,L.P., a California corporatio general partner, APPROVE .AS TO FORM: By: a Step her, President , 36 City Attorney By. i me INITIATED AND APPROVED ITS: (circle one Secrets Chief Financial Officer/Asst. Secretary-Treasu �N DirectorZf Public Works VIEWED AND APPnov City Administrator 6 6/kftr14662/11/30/94 RCA AOUTING IHEET µZ INITIATING DEPARTMENT: Community Development SUBJECT: Final Tract 14662 COUNCIL MEETING DATE: March 6, 1995 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. (Appoved 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) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached ;:EXPLAATION FORMISSING ATTACHMENTS ; ...................... . ED RETURNED >-FORWARDED . Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION ,FOR RETURN OF ITEM: SpaceOnly) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 9, 1995 New Urban West, Inc. 520 Broadway, Suite 100 Santa Monica, CA 90401 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, March 9, 1995 approved the Subdivision Agreement for Final Tract No. 14662. We are enclosing herewith a duly executed copy for your files. Sincerely, L� Connie Brockway, CMC City Clerk CB\cc Enclosure &=sdivagmt 1 Telephone:714-536-5227) w Space For Cit Clerk's Use C' ) Council/Agency Meeting Held:'i' Deferred/Continued to: a , Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: March 6, 1995 Department ID Number: CD95-5a (Continued from February 21, 1995 meeting) REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator aOJ PREPARED BY: MELANIE S. FALLON, Director of Community Development,% ,Z,44 . SUBJECT: FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS Continued from February 21, 1995 City Council Meeting Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue The final map of Tract 14662 (Parkside), located on the West side of Huntington Street, approximately 500 feet north of Main Street, is being submitted to the City Council for approval. This item was continued from the February 21, 1995 City Council meeting to allow staff and the applicant to resolve an issue regarding drainage at an off-site location. The applicant has since submitted information stating that the drainage issue has been resolved (See attachment No. 2). Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14662 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" l REQUEST FOR COUNCIL A�, IONMeeting Date: March 6, 199- ,_:ontinued from February 21, 1995 meeting) FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS Continued from February 21, 1995 City Council Meeting Findings for Acceptance of Final Map: 1. Final Tract Map No. 14662 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14662 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 11141536091 b. Labor and Material Bond No. 11141536091 C. Monument Bond No. 11141536083 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: 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. Subdivision Agreement Alternative Action(s The City Council may make the following motion: A. "Deny Final Tract Map No. 14662 and not accept the offer of dedication, improvements, and bonds." CD95-5a -2- 3/6/95 REQUEST FOR COUNCIL A�, i ION Meeting Date: March 6, 199t, ,,.:ontinued from February 21, 1995 meeting) FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS Continued from February 21, 1995 City Council Meeting Environmental Status This action to accept Final Tract Map No. 14662 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). Tentative Tract Map No. 14662 and related entitlements were covered under final Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. MTU:MSF:JM:kjl Attachment(s): Page Number 1. Memo from Tom Zanic to Vic Leipzig dated February 21, 1995. 2. Memo from Tom Zanic to Vic Leipzig dated February 27, 1995. 3. February 21, 1995 RCA for Tract 14662. CD95-5a -3- 3/6/95 ATTACHMENT 1 POWER OF AVOR 4EY T"7 AMERICAN INSURANCE COMPANv KNOW ALL MEN BY THESE PRESENTS: Ti r{E AMERICAN INSURANCE COMPANY,a Corp in incorporated under the IAws of the State of New Jersey on February 20. 1846.and redomesticated to the State of Nebraska on June 1,1990.and having its principal office in the City of Omaha.State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint --LYLE L. SANDLIN----- its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recogninnors or other written obligations in the nature thereof ———-- -- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorncy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.A ppolatment and A utbortry of Resident Sec enrk:s,A ttorseys4ei-Fsd and A jests to accept Leta)Process aid MAke Appesnoces. Secdos 45.Appointment.The Chairman of the Board of Directors,the President, nay Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-Presidest may,from time to time,appoint Resident Assistant Secretaries and Attorncy}in�Fact to represent and act for and on behalf of tht Corporatio■and Agents to accept legal process and make appearances for and on behalf of the Corpwatios. Sectlos 46.Aotbonty:The authority of sacb Resident Assistant Secretaries,Attoreeys+s-Fats sod Agents stall be as prescribed In the instrument evideodng their appointment.Any such appointment sod ad authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such■ppotatmest:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSU RANCE COM PANY at a meeting duly called and held on the J Ist day of July,1994.and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President. Assistant Secretary, and Resident As.ts=t Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate retaung thereto,by fa—dc. and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or funmile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF.THE A.MERICAPI INSURANCE COMPANY has caused these presents to be signed by its Viac-President,and its corporate seal to be her-=to affuted this 1 s r day of Ti inn 19_gp_. �, .... 1 •• THE AMERICAN INSURANCE COMPANY 411 By v,v.i+tea.omt STATE OFCALIFORNIA sa. COUNTY OF MARIN On this I S E day o f June 19_2�2__before me personally came R. D. Farnsworth to me known,who.being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMP.4dNY,:he Corporation described in and which executed the above tnstrument.that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �rrrwNwrsawweruurwrrrrrrna>inrwex►rrrsmn f s OFFICIAL SEAL 3 1. M. YANOEYCRTs NOTARY PUBLIC-CALIFORNIA ww,nwai�e Principal Nice in Mann County 3 iM Carmmnsiai I=own Atq. 29.1492 1 CERTIFICATE Jr+rruarrrrtnuuawwa,wrrwra�rrasrruraunwr� STATE OFCALIFORNIA ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASK.A Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed ai the i;eunty of Malin.Dated the 7TH day of DE C EM BE R , 19 94 �• ��:.: cam. /ram � C�•� 1 •..���o.;� Ra+devt Amuani 5eveiary 360711-TA-0-U9)1REV1 I have received Labor & Materials Bond, Faithful Performance Rnnd, and Monument Bond for Final Tract Map No 14662 on behalf of the Treasurer's Office. Dated ] BY: 271/(�' Sent to: Mark 8,3K Lansdon Firemans Fund P. 0. Box 1975 Santa Ana, CA 92702 LABOR AND MATERIAL BOND PREMIUM included BOND# 11141536091 WHEREAS,the City Council of the City of Huntington Beach,State of California,and Seacliff Partners, a California General Partnership(hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,which said agreement,dated December 5 .19 94,and identified as project Parkside Tract No.14662,is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made tin Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of S730,000.00(Seven Hundred and Thirty Thousand and 00/100 dollars),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,cost and reasonable expenses and fees, including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of Labor and Material Bond the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, �i (tj otherwise it shall be and remain in full force and effect.The surety hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond,and does hereby waive notice of any such change,extension, alteration or addition. ' IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety r above named, December 7, ,1994. s SEACLIFF PARTNERS,as Principal AS Tp Fogy s► LYP�pVE� L i�TTpiit By: UWC-SeacliffL.P., CAI h�TCgTEY General Partner CITY ��AttorneS By: New Urban West,Inc., General Partner By: By: Pacific Coast Homes, a,E General Partner By: as Surety By: Y� We L. Sandlin j Attorney In Fact i ALL-PURPOSE ACKNOWLEDGEMENT p STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES ) On December 9, 1994, before me, FAY D. MATHEWS, NOTARY PUBLIC, personally appeared STEPHEN GUNTHER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. FAY D.MATHEWS COMM.#1015930 z Z E Notary Public—California A LOS ANGELES COUNTY My Comm.Expires FEB 2.1998 S' natu�e of Notary (This area for official notary seal.) FArrHFUL PERFORMANCE BOND PREMIUM tJ.3 140,00 BOND# 11141536091 WHEREAS, the City of Huntington Beach, State of California,and Seacliff Partners,a California General Partnership(hereinafter designated as"Principal;")have entered into an agreement whereby principal; agrees to install and complete certain designated public improvements,which said agreement-,dated December 5, 1994,and identified as project Parkside Tract 14662,is hereby referred to and made part hereof:and WHEREAS,Said Principal;is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefore we,the principal andThe American Insurance Company as surety,are held and firmly bond unto the City of Huntington Beach hereinafter call"City",in the penal sum of One Million Four Hundred Sixty Thousand Dollars(SI,460,000.00) lawful money of the United States, For the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs,executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,to be kept and performed at the time and it the in the manner therein specified ad in all respect according to their intent and meaning,and shall indemnify and save the harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor in there shall be included cost and reasonable expenses and fees,including reasonable attorney's fees incurred by"City"in successfully enforcing such obligation,all to be taxed as cost and included in any judgment rendered. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement or the work to be performed thereunder or the specification accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, s'.. alteration or addition to the terms of the agreement to the work to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, _ December 7, ,1994. SEACLIFF PARTNERS,as Principal APPI?OVLD AS TO FOP11: GAIT, IIIITTON By: UWC-SeacliffL.P., CITY A'fTORIiE General Partner I Y� l�ff6rntty By: New Urban West,Inc., Gen I Panne By: d By: Pacific Coast Homes, I General Partner By: Ly as Surety By: ' LI Lyle L. Sandlin Attorney In Fact a _ a•.*-±: .3�' 1��•«•5v- � '- M ,,.:wa ',... .. .•.�.'.. �i '•t, ;�...:.., :'.*k�+ v' .x.. :r::,r. ��..72.�' .,..��...�,,?.• �� - -•'�r .F;r:�rs -�. �;. �'e•a`'�J.,; .x ,..c.+, Yy rr.`^�' y;2•t,,.,',."».�"`r 'c .asi��.. '�< ,� r,w,f n``•'�- r AW :•; ,^,, _f "�;;mx4 x� 'S'�5`"�,;� � art'-+.�,�„=,�^. �"`�,�i,��=a.�,; .y,••. '�,'�`` 8�'` . .- .. ... ,,.'u � � y-_t � ,s+b� 4 #, 'k .,�� �u�v' r" �• ,.C� ^.;c u�^WTI s _ "• USERS _ � .�..,..-����'���`�� •s�"" � fi � `s..=- -,3r,.>F;<, :-e's�,a•?�� '. t" z-�;s ti F'a� �.:mac .� - - +t ''`rs"-„"4 e s..' �>_. s.. u a" k •ra+- ;2+ Y k�s er- .>. i - - :4M. x n•�s•s_: ;r'-x_;`..�'r�•,�v ..:�, w,x... � * .":y,,.-�,r, ��y.._ ,,�i� M,i�,;Y. '" .x�r� �:� -`. -r •s�.a�'s.. ^w.xyk k ..rm_?•'t 'v<'- .s•.... *}` -c4 �'++. ads s"s•-t.._: u" Z 5 .. �`- -u• `�` "�, era .�` ^:xr "" �'EN, "i' g '�It v' �^.,"�YvS -r..: - t - -! +f n`�"..'�� �, "`-`E'�,...rr rra � f�=•e� "v'�...,.a `��.$�� ''> `a w u �.;i,r`� s,'v`+. '#j^xl.+,� ,t `�' -z "�n��33"",,.. " �1`4l �'max.. �����''��'c�� �s�t,�"S- �W�+�„'p�.�-�"' •'_�.�,2'`�- ,��s }�„Y4 „�+-a� �� �,�''�-��"'��;-+a• nz. :+ `r.. .•:.,` �-.:':�?�"y'�-.� a'_ _ .- � i� t. a7-�wt ^m�,��"�..�,•a..,.��_,^c"x.<':�'��y'c"..e.'mow+°% � 5 �a'a �w`3,. �- ,,,�� :.: 3�A, �• _� ro �t �"� d-:- �° s `�, � s'�y�"_;;,y, �,` y..,�-t� r e».,� +'C°r�� ,3"i tc„'�-, �*- a+e s � y.• .x. .c a :s. ,.. _. J ,� u1�? '�� " �,^'3f✓F�'`Y�'~fi`Rs�,.,-y,-+,#d�4'� � ro' '� ti�• j ,-<-�p.'w. '*. 5 -� i'`'�y ,: _ - .' a _. 7^i k� x"'6 y �' ir`s' •r ) ,v �'_�,� �.. �..-la '� �r t £ � _ ):. 3 • - _ _ :: x�. �w ,.� � �t Z ai ;,.,,. i#.: �"-,.E._t' '�� ,� may,.-..,� � -,� � ,� � �. �, ^ x r y a i • ER OF w�--,WroRty t T"E AMERICAN INSURANCE COMPA VY KNOW ALL MEN BY THESE PRESENTS: A-HE AMERICAN INSURANCE COMPANY,a Cor, on incorporated under the lAws of the State of New Jersey on February 20. 1846.and redomestictted to the State of Nebraska on June 1,1990.and having its principal office in the City of Omaha.State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint -- -----LYLE L. SANDLIN----- - its true and lawful Attorneys)-ia-Fact.with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking.recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article Vli,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Artdcie VU.Appointment sad Authority of Resideu(Secetaries.Attorneyv4s-Fact and Agents to accept Leta/Process and Mite Appeiriaces. Section 45.Appointment.The Chairman of the Board of Directors.the President.any V{ee-President or any other person authorized by the Board of Directors.the Chairman of the Board of Director,the President or any Vice-President may.from time to time,appoint Resident Assistant Secretaries and Attonwys-i Fad to represent and ad for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporatioe. Section 46.Aotbohry,The authority of such Resident Assistant Sec etar ks,A Ito rneys-ia-Fact and Agents shall be asp.eso bed in the Instrument evidencing their appoinin ent.Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSU RANCE COMPANY at a merung duly called and held on the 3I st day of July.1984,and said Resolution has not been amended or repealed: -RESOLVED, that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporauaa may be affixed or printed on any power of attorney,on any revocauon of any power of attorney,or on any cemficate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such faauzu a signature or facsmile seal shall be valid and binding upon the Corporauan. IN WITNESS WHEREOF.THE AIMER1CAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be her-uatoaffuedthis Ter dayof T,inP 19_gn . .,,.., THE AMERICAN INSURANCE COMPANY 'r By STATE OFCALIFORNIA COUNTY OF MARIN O this 1 s t day of June 19�,before me personally came R. D. Farnsworth to me known.who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation dewnbed is and which executed the above instntment:that he knows the seal of said Corporation-.that the seal affixed to the said instrument is such corporate seal.that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein(test above written. �tttttaNNINYN/MtNrtrRMttrtfMMFNfTfRM"Mae OFFICIAL SEAL a 1. M. YANDEYCRT 3 NOTARY PUBLIC-CALIFORNIA 2 N«a"Puh4e Pnncnat Office in Mann County kM Canwsrsswe Exaves Aug. 21L 1992 a CERTIFICATE ills t ratNs rtrtss at u---"sea arut to t aNt t rat a tau Nt o n STATE OF CAL.IFORNIA - ss. COUNTY OF MARIN I,the undersigned.Resident Assistant Se crmryof THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked:and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors:set forth in the Power of Attorney,are now in force. Signed and scaled at the Cat:otyofMarin.Dated the 7TH day of DECEMBER 19 94 ,:. •e�;o_: Rename w,oa,ni secn+n 360711-TAo-901 R L'V i MONUMENT BOND PREMIUM _ BOND#11141 S36083 KNOW ALL MEN BY THESE PRESENTS: i' That SEACL)FF PARTNERS,a California General Partnership as subdivider of Tract No. 14662,Parkside in the City of Huntington Beach,County of Orange, State of California,has submitted to k 5 said City a Final Map of Said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified I said certificate: That said Seacliff Partners,a California General Partnership,as principal and The American Insurance as surety,hereby guarantee to the City of Huntington Beach the Coa payment of the cost o tt gall such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of S30,000.00, in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9, . Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 7th day of December , 1994. x SEACLIFF PARTNERS,as Principal By: UWC-Seacliff L.P., General Partner Lo F0 ^ . � Appgp�rD AS By: New Urban West,Inc., T i CI3 n G�Prartn CI`i'Q By: Pacific Coast Homes, General Partner By: The Amer• an IrLsuran2oCompany as Surety By: 4 B • Lyle L. Sandlin i Attorney In Fact iil-J ..., ri. a Co tii�^r. rr'p'.',s;jrr �*` •v`"i^r!{f-it as<�i`4 x t rZe�`L '.6,Y.r� -z[ , cif#A 9 kf ri ,n 3 "�cm'^�:n ' P3 f r t Rc:: 5 '+w• `�cr 3C., }�^fat ' ; yf 4• uaz+s.�c Pn _y s';R.S. ..... e r.- ror *y t ...:. ,� ,{ i i e ,,, ,, r t rr c r P a "'? - � r ,..:r a,i,r� �•x 5 u w't�ear: 'Ir �: ' :t: t. �, ,a ,,.d �" .2Ga. m - c'u 'S .il 'i hr,w€•;,:rr 1� a ti.rt.T� k .":a35,,.Yw� .;:k+.-�` k r s r 5. kr. 'Y .r ri 4. .vi ). �,;t ,1.._;rt.rs..ea i�,, H,.1yf i r•}. .,-��h `� - Ek ...rti`x �, �.,4 'F'i', f:f•* ''M �.`zi�,�'if�,+'T "`t ,Ey SwF. dtFi°�'�y ;•�.`r ! `i. 1,". lri. '� ,�.r r, x';";. l v.,., 9 ,.:J-,' ..H ve...,:. }f H`Y. ,yst. Y.xa �r ,'34`y ,it':'..',# a..r"''•S{r '{i' `A• a.,e.Yr 4r i !; v c . ;;:.r., Y �6"� r ? ? s i3;r!r^:`�; .Y,.t,.. x..}rrr,.fw :. _s,Cj,.n ,A,. F. �,.,:t. �r ta,• � "'+°,a S r��•�k' rs'.. �[.. 'yS,. t .:luE ;� air a+t.ti,.J 5 i�t .! t�.L?�, ,�,. p#c.64...th, r Sr �`} �e>5� �,t {rt`H'"i ,r ,4 f 5" .' .e t1r4..5...^,4�t�t ,"�.'":}'* r,; `l. F p. ,�,}.• :1 +, 1,+.:. 4 r }tM s * '3.yy,° E...Y i' S.,S;. .„�,�i:,-ati'z 1 µ' tY .'.'c y.q5'y,k r ,y,.S.n r .>{.. ter , .S'M.� r� f M .�.,t r.,r .€'..S 4 st r. ksy., 3.;#:,,.: ePt .., S'1°�r y..µdi iL . .;. 9� , r r: ,.r X� ds -�V, `..,.vh (... r trFl3' s.r,tir rr ,fix '1:" kk ..,e �7.��f;<r•�Y r�r'S,�SS '} + E� K'X rp�.;� �.rr: �' # 1" .✓ � � c� rJ�� a wr as E� r.r t � 'n , r n + r L 'eq v. `:` '€ -f<,q J r i• 'Si pFS t % r N,: x r `�' 'r. r,�P tl o-r 1 r yr"-k {J N hiSir%.� vtt r rtk_r{ vz f y�, F ,o- r"�• 1 k ":- U 6 4�'`f r dr'# a�{f �' s'. { , i s it r i > / v si r n d r # �, 2� s o t + aJ, , ALLPURPOSE ACKNOWLEDGEMENT STATE OF •' COUNTYOF • On December 9, 1994, beforeD. • ' PUBLIC, personally appeared STEPHEN GUNTHER, personally known to me f sa4isfaGtot3, @videtwe to be the person(s) whose name(s)(IDare subscribed to the within instrument and acknowledged to me tha;�qshe/they executed the same ir(gk/her/their authorized capacity(ies), and that b�o/her/their on - •• • or •• behalfof person(s)acted,executed the instrument. WITNESS my • • • official 1015930 Notory ' • CcliforNa i My Comm. ExpiresL P"%vaWl", ,1Xka'tu�e of Notary (This areafor official notary seal.) Im rr STATE OF CALIFORNIA ) } ss COUNTY OF D RARG6 ) A f On 3 ,, i994 , before me, PwDgA {�,• �=�� Notary Public, personally appeared M • F t r, C' personally known to me ( ) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/l heir authorized capacity(ios), and that by hisAiek4teif signature(`s,) on the instrument the personN, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RAMONA A.CAtDEt20N 0-- My COMM.#96)922 ZNotary Pub!ic-California KERP!CUUNIY comm.expires JUN 15.1946 r Signature This area for Official Notarial Seal NB9410MI 2119194 4'!i u. ' y15 aA 'N6 certificate of Acknowledgement STATE OF CALIFORNIA County of LOS ANGELES On DECEMBER 7, 1994 before me, L I NDA A. H I CKMAN personally appeared LYLE L. SANDL I N personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. 01, LINDA A.HICKMAN COMM,*9%221 Signature (Seal) z c y Notary Public—California i Z LOS ANGELES COUNTY My Comm.Expires MAY 14, 1997 360772-6-91 EY THE AMMCAN INSURANCE COMPANY OW ALL MEN BY THESE PRESENTS: Th E AMERICAN INSURANCE COMPANY,a Corps incorporated under the 11ws of the State of /New Jersey on February 20. 1846.and redomesti` in the State of Nebraska on June 1.1990,and having r_ .incipal office in the City of Omaha.State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint -----LYLE L. SANDLIN----- its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking.recogniunces or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same ex=t as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in fall force and effect. "Article VII.Appointment and Aotbority of Resdent Sevst:rya.Atforaeys4w-Fad and Agents to smrpf Legal Proeru and Mike Appearances. Section 45.Appointment.The Chairman of the Board of Directors,the President,any VkrPtesident or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-Preadest may,from time to time,appoint Resident Aedstant Secretaries and Attorney.-is-Fad to represeat and act for and on behalf of the Corporation sad Agents to accept legal process and make appearance for and on behalf of the Corporation. Se Ws 46.A utbority:The authority of such Resident Assistant Secretaries,Attoreeys4it-Fact and Agents shall be as prescribed its the Instrument evidencing their appointment-Any such appointment and aL authority tranted thereby may be revoked at anytime by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICA.11 INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1994.and said Resoluuon has not been amended or repealed: 'RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assis t Secretary of this Corporation, and the seal of this Corporation may be of rued or printed on any power of attorney,on any revocation of any power of attorney,or on any cxrufiicate reiating thereto,by facsimile. and any power of attorney,any revocation of any power of attorney,or ccruficate bearing such facsimile signature or fammtle seal shall be valid and binding upon the Corporation. IN WrrNESS WHEREOF,THE A.MERICAN INSURANCE COMPANY has caused these presents to be signed by its VixPresident,and its corporate seal to be her-unto affixed this ler dayof Titria 19 gQ_- THE AMERICAN INSURANCE COMPANY i By v,ortPre,emi STATE OFCALIFORNIA .a. COUNTY OF MARIN On this I S t day of June 19 before me Personally came R. D. Farnsworth to me known,who,being by me duly sworn,did depose and say:that he u Vice-President of THE ANiERICAN INSURANCE COMPANY,the Corporation described in and wnich executed the above iatr„(nent:that he knows the seal of sud Corporation:that the seal affixed to the said insuument is such corporate seal.that it was so&trued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein rust above written. Wrraau"Ou"N"w"wrrrwMrRfaltNNfTfRfrl rrHl s OFFICIAL SEAL 1. M. VANDEVORT i ' NOTARY PUBLIC-CALIFORNIA = n�i+rrwa.o Princrpat 01(ka in Mann County Mr Cara nsi" Exams Aug, 2E.1492 a CERTIFICATE �rarsasasavaauaasawwaasuausaassawuuuaeruu ri STATE OF CALIFORNIA - ss. COUNTY OF MARIN I.the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked:and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors:set forth in the Power of Attorney,are now in force. Signed and sealed a:the County of Marin.Dated the 7TH day of D E C EM B E R 19 94 lL..•tr •O•�,.. rt6.Am[AfYVd SOQl4at7 360711-TA-6-911(RF Vi i a j5 I I I �-2ificate of Acknowledgement STATE OF CALIFORNIA County of LOS ANGELES J} On December 7, 1994 before me, L I NDA A. H 1 CKMAN personally appeared LYLE L. SANDL I N personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. LINDA A.HICKMAN COMM.#990221 Z Signature (Seal) Notary Public—Colifcrrua p LOS ANGELES COUNTY My Comm.Expires MAY 14.1997 360772-6-91 If IP POWER OF ATTORNEY T"F AMERICAN INSURANCE COMPA,`t"-' XNOW ALL MEN BY THESE PRESENTS: T, dE AMERICAN INSURANCE COMPANY,a Corp, ,n incorporated under the 11ws of the State of New Jersey on February 20. 1846.and redomesticated to the State of Nebraska on June 1,1990.and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint -_ -----LYLE L. SANDLIN----- - its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,reeogniances or other written obligations in the nature thereof .__—_.__.__._____.____._ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and dully attested by its Secretary,hereby ratifying and confuming all that the said Attoracy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Autbority of Resident.Seck tufe=.Attorseys-is-Fact and Agents to accept leg/Process tad MiLkeAppeannceiL Section 45.Appointment.The Chairman of the Board of Directors,the President. my Vlce-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attonwyria-Fact to represent and as for angel on behalf of the Corporation and Agents to swept letsi process and make appearances for and on behalf of the Corporation. Section 46.Autbortry.The authority of such Resident Assistant Secretaries.Attorseys4n-Fact and Agents shaL be as preso bed In the instrument evidesdng their appointment.Any sack appointment and all authority Vitnted thereby may be revoked at any time by the Board of Directors or by any person empowered to awake such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSU RANCE COMPANY at a meeting duly called and held on the 31st day of July,1984.acid said Resolution has not been amended or repealed: 'RESOLVED, that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may oe of rued or printed on any power of attorney,on any revocauon of any power of attorney,or on any certificate reiating thereto,by facsimile, and any power of attorney,any revocauon of any power of attorney or certificate baring such faesunde signature or facsimile seal:hail be valid and binding upon the Corporation:' IN WITNESS WHEREOF,THE AMERICA 4 INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be her-unto affixed this 1 c r day of Ti i n P 19_gn . /`% 1 •• THE A.titERICAN INSURANCE COMPANY By STATE OF CALIFORNIA COUNTY OF MARIN � n. On this 1st day of June 19 q0 _before me persoradv came R. D. Farnsworth to me known,who,bang by me duly sworn,did depose and say:that he is Vice-President of THE A.NERICAN INSURANCE COMPANY,the Corporation described in and wnuh executed the above instrument;that he knows the seal of said Corporation-.that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official sal,the day and year herein rust above written. �rrurrrurawrwnumwrarrmrsavwararrvrrrrrvrr f s OFFICIAL SEAL 3 !. M. VANDEYCRT i NOTARY PUBLIC-CALIFORNIA -40L.nwmK Principal Office in Mann County My Carmmni:oe from beg. 2&1492 t; CERTIFICATE i�itrraurrvnnurrrwwwrwurnrr�rrraaunurnnu� STATE OF CALIFORNIA _ a COUTITY OF MARIN I,the undersigned.Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTO RNEY remains in frill fora and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. q�LLti Signed and sealed al the County of Mann.Dated the 7TH day of DE C EM B E R . 19 q. 4�::: W711-TAo-`NI I RF,V! STATE OF CALIFORNIA ) ss COUNTY OF O E'_Atyf�E 1 n LDet-ont . Notary On _ 1-3 , l`19'� , before me, 2AiAor4A �� Public, personally appeared personally known to me ( to be the person( whose name (s) is/a�e-subscribed to the within instrument and acknowledged to me that he/shefiey executed the same in hisAher/their authorized capacity(ies), and that by his/hef4heir signature(s) on the instrument the person(Is), or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS my hand and official seal. RAMONA A.CALDERON COMM.#967922 Z KERN COUNTY Notary 15,1996 r Signature This area for Official Notarial Seal NB941050001 V19/94 FROM URBAN*WEST*COMM** PHONE NO. 310 394 3379 Feb. 21 1995 05:02PM P1 NEW URBAN WRST, INC Sio Proadway,Suire wo Sanra Monica,cA 9o4o1 PAX 310494.6872 Telephone 310-394.3379 MEMORANDUM Date: February 21, I995 To: Victor Leipzig, Mayor From: Tom Zanicl Re: Agenda Item F-7 Final Tract Map 14662 (Parkside) I received your phone message today regarding the above item. Since you are unavailable by phone, I am sending this note. Based on your concern regarding an offsite issue, we are willing to agree to a continuance to the March.6 Council agenda: For your information, we have met with Mrs. Bspitia, who lives adjacent.to the project, as recently as today and have presented design solutions to connect drainage problems on her property. We will continue to coordinate with the Aspitias and Steve May to solve this problem. cc: Steve May Post.It•Fax NOota 7671 Date a eases". 1 To From 'rot)I �flNl� 09.00PI, Co. Phono a Phone M i Fax x l Z 3 Fax x ATTACHMENT 2 NEW URBAN WEST, INC 520 Broadway,Suite too Santa Monica,CA 90401 FAX 310.394.6872 Telephone 310.394.3379 /n Aaoaianen Wrcb S E A C L I F F PARTNERS MEMORANDUM Date: February 27, 1995 To: Victor Leipzig, Mayor From: Tom Zanicl Re: Final Tract Map 14662 (Parkside) cc: Les Jones Steve May Howard Zelefsky We wanted to let you know that the Espitia off-site concern you had contacted me about last week has been resolved. For your information, we have met with Mr. and Mrs. Espitia, who live adjacent to the project, and presented design solutions to correct drainage problems on their property. They requested that we revise the plans. We made the requested revisions and met with them again this past weekend. They approved of our most recent plan and said they would contact Steve May and let him know that their concerns had been resolved. Steve May will receive a copy of the plan today for the City's files. We understand that Final Tract Map 14662 has been continued to the March 6, 1995 Council Agenda and we look forward to receiving Council's approval that evening. If you have any questions, call me at (310)394-3379. ATTACHMENT 3 l ►w S ace For C. C1erk!s::Use C Council/Agency Meeting Held: Deferred/Continued to: '❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature ;Z a/W Council Meeting Date: February 21, 1995 Department ID Number: CD95-5 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Director of Community Developmen SUBJECT: FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS 'Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue The final map of Tract 14662 (Parkside), located on the West side of Huntington Street, approximately 500 feet north of Main Street, is being submitted to the City Council for approval. Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14662 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 14662 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14662 conditions of approval as approved by the Planning Commission. REQUEST FOR COUNCIL AV IION Meeting Date: February 21, 1995 FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS 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 the following bonds with the City Treasurer: a. Faithful Performance Bond No. 11141536091 b. Labor and Material Bond No. 11141536091 c. Monument Bond No. 11141536083 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: 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. Subdivision Agreement Alternative Action(s :The City Council may make the following motion: A. "Deny Final Tract Map No. 14662 and not accept the offer of dedication, improvements, and bonds." C D95-5 -2- 2/21/95 REQUEST FOR COUNCIL Au PION Meeting Date: February 21, 1995 FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS Analysis SUBDIVIDER: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Hunsaker and Associates Irvine, CA 92714 LOCATION: West side of Huntington Street, approximately 500 feet north of Main Street. ACREAGE: 19.271 Acres NO. OF LOTS: 152 numbered lots (28 lettered lots) NO. OF UNITS: 150 units ZONE: Holly-Seacliff Specific Plan - Planning Unit II-2 GENERAL PLAN: Medium Density Residential DISCUSSION: On September 8, 1993, the Planning Commission approved Tentative Tract Map No. 14662/Conditional Use Permit No. 92-49 with Special Permits/Conditional Exception (Variance) No. 93-6 for construction of 150 attached single family dwellings. The subdivider has satisfied the Park and Recreation requirement with the dedication of 2.09 acres within the Bolsa Chica Linear Park. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status This action to accept Final Tract Map No. 14662 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). Tentative Tract Map No. 14662 and related entitlements were covered under final Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. C D95-5 -3- 2/21/95 REQUEST FOR COUNCIL AL PION Meeting Date: February 21, 1995 FINAL TRACT MAP NO. 14662 WITH BONDS AND AGREEMENTS MTU:MSF:JM:kjl Attachment(s): Page Number 1 Area Map 2 Tentative Tract Map No. 14662 3 Tentative Tract Map No. 14662 Findings and Conditions of Approval 4 Subdivision Agreement 5 Monument Bond 6 Faithful Performance Bond 7 Labor and Material Bond CD95-5 -4- 2/21/95 ATTACHMENT 1 � a N - Q 9 \ � — 0 m1NCER — - HEM WARNER I SLATER A TAUERT ail L — —�— cARMw YORKTOWN / AMS \� /INDIANAPOUS EL IS Q, •h \ / ATI.AATA ii i ELAMELTON I� SITE LOCATION / / BANNING GARFI L / e r " ® FT 14662 1 R � HUNTINGTON BEACH PLANNING DIVISION ATTACHMENT 2 —TTS . - ,.�:"i4;h� � \fit•' �� - .<,V "- .` / ////.�/" /'i, l ��' 3 \ ` -'_._._.._..._:_.-_.--��.... • .• 't.« �.' _ \\\\� 1 S.' s -.' .) ` '"/. // ' I. UMU IRE su-,�....._._...��' _ -77 CD ) •�I - T.` �i ? .• i ..1 9 �—�- �--7 \1111111_tl l ll'i•=-- _ - _ -— - - ���� _ �~'• — --- — ' \ L—� .`..:. _--:._.�_.. .__y 1.__._� _S_'1_ r> w:-1�.. 1�l y;l a.>lM iwl x•-1 x:l r.i I. f I 9TATS:YEMT 0,OSYIIERSHI ` PRIVATE STAKE SECTIOM VKIIfTV MAP P TENTATIVE TRACT MAP i _. i= 1��-1 `f t i T :4'�•r f �� I'\ �.�i--_r---;�;,� -� =fiJ':.-t-'J _ - _:. - _- _= PARK5IDE •�" -�^�� •�--^ _ Seaddf Partners 0 ATTACHMENT 3 Huntington Beach. Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date: September 13 , 1993 NOTICE OF ACTION Applicant : Seacliff. Partners , 520 Broadway, Suite 100, Santa Monica , CA 90401 Subject : TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIO'NAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24 , 1993 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on September 8 , 1993 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth' in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action . In your case, the last day for filing an appeal and paying the filing fee is September 20 , 1993 Provisions of . the Huntington Beach Ordinance Code are such that any application becomes null and void one ( 1) year after final approval , unless actual construction has started . l7'1F4(1-3) • Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 September 13 , 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica , CA 90401 SUBJECT: TENTATIVE TRACT NO. 14662/CONDITIONAL USE PERMIT NO. 92-49 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO. 93-6 (CONTINUED FROM THE AUGUST 24 , 1993 ' PLANNING COMMISSION MEETING) REQUEST: Subdivide a 19 acre parcel into 150 attached signal family dwellings with a special permit to reduce common open space by nine (9) percent and a variance to reduce building separation from 15 feet to 10 feet and permit a reduction in the required front upper story setback from 15 feet to 6 feet . LOCATION: West side of Huntington Street, approximately 500 feet north of Main Street DATE OF APPROVAL: September 8, 1993 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1. The proposed subdivision of a 19 acre parcel into lots for development of 150 attached single family dwellings will be compatible with adjacent properties . 2 . The establishment, maintenance and operation of the proposed subdivision of a 19 acre parcel into 150 attached single family dwellings will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. 3 . On-site parking and circulation are adequate for the proposed subdivision of a 19 acre parcel into 150 attached single family dwellings and have the potential of creating a congestion and circulation hazard . 4 . Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Main Street and Garfield Avenue . Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No . 93-6 Page Two FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1 . The following special permit promotes a better living environment by adapting the Holly Seacliff Specific Plan requirements which is compatible with the surrounding area : a . .Reduced common open space (41, 348 square feet in lieu of 52 , 500 square feet) which is balanced by an excess of 100 , 000 square feet of private open space. 2 . The requested special permit provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . 3 . The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . 4 . The requested special permit is consistent with the objectives of the Holly-Seacliff Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment . —FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-6 : 1 . The granting of Conditional. Exception (Variance) No . 93-6 to reduce the sideyard from 15 feet to 10 feet and the reduction of the front, upper story setback to 6 feet will not be materially detrimental to the public health, safety and welfare, or injurious to the property, or improvements in the neighborhood . 2 . Conditional Exception (Variance) No . 93-6 , a request to reduce the sideyard building separation from 15 feet to 10 feet and the reduction of the front upper story setback to six ( 6) feet is consistent with the goals and objectives of the City' s General Plan. 3 . The granting of Conditional Exception No . 93-6 from the development standards in the Holly-Seacliff Specific Plan will not defeat the intent of the Holly-Seacliff Specific Plan. (7358d-4 ) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Three FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14662 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision of a 19 acre parcel for 150 single family dwellings is in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Medium Density Residential and the Holly-Seacliff Specific Plan . 3 . The site is relatively flat and physically suitable for the proposed density of 7 . 8 units per gross acre . 4 . Tentative Tract No . 14662 for a 19 acre subdivision to create 150 single family attached dwellings is consistent with the goals and policies of the Huntington Beach General Plan, the Holly Seacliff Specific Plan, and Development Agreement No . 90-1 . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-49 : 1. The site plan, floor plans , and elevations received and dated August 16 , 1993 shall be the conceptually approved layout with the following modification: a . Comply with windrow mitigation measure compliance design. b. Lots 86 and 87 shall be sited with a minimum nine (9) foot front setback; Lots 88 and 89 shall be sited with a minimum (9) foot front setback; Lots 136 and 137 shall be sited with a minimum seven (7) foot front setback; and Lots 138 and 139 shall be sited with a minimum eight (8) foot front setback. c. Provide modified drainage system adjacent to Amberleaf Circle as required and subject to reimbursement by the Department of Public Works . d. The space between new and existing perimeter walls shall be covered or filled subject to the requirements of the City Engineer and the Building Department . 2 . Prior to submittal for building permits , the applicant/owner shall complete the following : a . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Four b. Depict all utility apparatus , such as but not limited to backflow devices and Edison transformers , on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director . c . Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers ; natural gas shall be stubbed in at the locations of cooking facilities, water heaters , and central heating units ; and low-volume heads shall be used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e . The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report , prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . f . Elevations shall depict colors and building materials proposed. g . 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 . h. A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties , foundations , retaining walls , streets , and utilities . i . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Five j . Entries to private streets shall be delineated by decorative pavement . k. The applicant shall be subject to an Affordable Housing Plan as required by the Holly-Seacliff Specific Plan. 3 . Prior to issuance of building permits , the applicant/owner shall complete the following : a . Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No . 1 for review and approval and inclusion in the entitlement file . b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials ( location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and the Holly-Seacliff Specific Plan. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees , which shall be incorporated into the project ' s landscape plan. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. Perimeter fencing plans for review and approval which depict decorative materials . ( 7358d-7) Tentative Tract No . 14662 Conditional Use Permit No. 92-49 Conditional Exception (Variance) No . 93-6 Page Six f . Gated entryway (access control devices) plans to the Community Development Department . A "statement of architecture" should be incorporated to highlight the theme of the development . Said gated entryway shall comply with Fire Department Standard 403 . Prior to the installation of any gates , . such plan shall be reviewed and approved by the Community Development, Fire and Public Works departments . g .- Provide an infrastructure and development phasing plan. h. Common landscape areas shall be landscaped, or a bond posted, by phases . 4 . Prior to the removal of any windrow trees and/or landscape materials which comprise the current windrow massing, a common area, perimeter windrow mitigation implementation landscape plan shall be submitted and approved by the Department of Community Development . The implementation plan shall include a site plan, a landscape material pallet, the number, size and variety of species and a phasing schedule for implementation of all perimeter landscaping . 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 6 . All building spoils , such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7 . Installation of required common area landscaping shall be completed prior to final inspection of each phase . 8 . During construction, the applicant shall: a . Use water trucks or sprinkler systems in .all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; ( 7358d-8) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Seven c. -Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d . Discontinue construction during second stage smog alerts . 9 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 10 . Conditional Use Permit No. 92-49 shall become null and void unless exercised within two (2) years of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a mini::ium 30 days prior to the expiration date. CONDITIONS OF APPROVAL - TENTATIVE TRACT 14662 : 1 . The tentative tract map received and dated August 16 ,. 1993 , shall be the approved layout with the following modification: a . Comply with windrow mitigation measure compliance design dated August 24 , 1993 . 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 : a . Irrigation for landscape areas shall be designed to connect to future reclaimed or subpotable water supply, to the extent allowed by the State Department of Health Services and to the extent required by Development Agreement No. 90-1 as determined by the City Engineer . b. The developer shall submit for review and approval by the Public Works Department, separate, 24" x 36" water improvement plans, showing service connections to all lots , fire hydrants , valves and other appurtenances . c. The water system shall be located within vehicular travelways and shall be dedicated to the City. The Homeowners Association shall be responsible for repairing an enhanced pavement if the water facilities require repair or maintenance . ( 7358d-9) Tentative Tract No . 14662 Conditional use Permit No . 92-49 Conditional Exception (variance) No . 93-6 Page Eight d. An approved backflow device shall be installed on each domestic water service per Public Works Standard Plan No . 609 . e. Sewer systems within private, interior tract streets shall be owned and . maintained by the homeowners association . f . Interior street and utilities therein shall be designed and constructed in accordance with the Department of Public Works Standards . g . Signing, striping, and street lighting shall be designed and constructed in accordance with Public Works Standards . h . All vehicular access rights to Gothard Street, Main Street and Huntington Street shall be released and relinquished to the City of Huntington Beach except Lot 152 and at locations approved by the Planning Commission. i . Open spaces areas shall be maintained by the Homeowners Association. j . 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 . k. 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 Manual, Subarticle 18 . 1 . All existing and future utilities shall be installed underground, with the exception of 66KV lines . - 3 . Fire Department conditions are as follows : a . A Fire Protection Plan pursuant to Fire Department Specification 426 will be required to be completed prior to release of building permits . ( 7358d-10) Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (variance) No . 93-6 Page Nine 1) Besides general fire safety concerns , this plan includes tasks for roadway and hydrant installation prior to building permit releases . b. Adequate turning radius minimum 17 foot by 45 foot must be provided for turnarounds , intersections and corners to comply with Fire Department Specification 401 . c . All roadways which are less than 40 feet in width must be posted as fire lanes and must have no parking areas posted and marked pursuant to Fire Department Specification 415 . d . Any fire access gates proposed to be installed must comply with Fire Department Specification 403 . e. Approximately twelve (12) fire hydrants will be required . f . All units constructed attached by a common wall or walls having a gross square foot of 5 , 000 square feet or greater , regardless of a common property line separation, must have automatic fire sprinklers installed . g .. Building address numbers for each unit must be a minimum of four (4) inches in size per Fire Department Standard 428 and in an unobstructed location which can be easily viewed from the street . h. Prior to release of building permits, all mitigation measures for compliance of oil , methane and environmental Fire Department Specifications 422 , 429 , and 431 must be completed for each phase. i . Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic fire sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided pursuant to Section 10 . 203 and Section 10 . 205 of the 1991 Uniform Fire Code . 4 . At least 60 days prior to recordation of the final tract map, CC&R' s shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&R ' s shall reflect the common driveway access easements , and maintenance of all walls and common landscape areas by the Homeowners ' Association. a . Include disclosure to the Homeowners ' Association and individual property owners regarding the future use of the Transportation Corridor . 5 . Model home complexes shall be permitted per Subdivision Map Act Section 66499 . 30 prior to recordation of a final map . ( 7�5R�-111 Tentative Tract No . 14662 Conditional Use Permit No . 92-49 Conditional Exception (Variance) No . 93-6 Page Ten I hereby certify that Tentative Tract No . 14662, Conditional Use Permit No . 92-49 with Special Permit and Conditional Exception (Variance) No . 93-6 were approved by the Planning Commission of the City of Huntington Beach on September 8 , 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams , Secretary Planning Commission bAott v Sess Senior Planner (7358d-12) - ATTACHMENT 4L] ATTACHMENT 5 ATTACHMENT 6 I ATTACHMENT 7