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HomeMy WebLinkAboutFinal Tract Map 15470 of Tentative Tract Map 15469 - Catellu • • �� -dad 60 CIty of Huntington Beach • P O Box 711 �i'J d 1 I P!iC�A't Ffo�R�v Al 92648 " ► TELEPHONE 714 536 5200 FAx 71� 7411603 SHARI L FREIDENRICHO) FED - A ! j CITY TREASURER CERTIFIED MAIL January 27 2005 National Fire Insurance Company of Hartford CNA Plaza 333 S Wabash Chicago IL 6085 To Whom it May Concern This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on December 20 2004 Tract# 15470 Faithful Performance and Labor& Material Bond No 929104326 Monument Bond No 929104327 We are releasing the bonds and have enclosed them for your file Also enclosed is a copy of the City Council Action approving the release of the above-referenced bonds If you have any questions regarding this matter please contact me at (714) 536 5200 Sincerely Shan i ch CPA CCMT CPFA City Treasurer Enclosures cc Catellus Residential Group Inc 3990 Westerly Place Suite 120 Newport Beach CA 92660 Terri Elliott Principal Civil Engineer(no attachments) Joan Flynn City Clerk (no attachments) Recording requested by and when recorded return to Joan Flynn City Clerk Recorded in official Records orange County Office of the City Clerk Tom DalyClerkIIIRecorder II I I CITY OF HUNNGTON BEACH Illlliill,11111II�IIIhIIIIIII�illl II ,III IIiIIIII IIII III�III�IIiI N0 FEE TI P O Box 190—2000 Main Street Huntington Beach Ca 92648 I 2004001146014 08 21 am 12/2810 W 92 A04 1 000 000 000 000 000 000 000 000 (Space above tlus line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS U� (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on November 30, 2004 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15470- -- — - Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at December 20 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest o2-,/ 20 D' . OAN L FLYW City Clerk and Ex of iicio Cler of e City Co ncil Of the City of Huntington Beach California By eputy CITY OF TINGT EACH by City Engineer This docixnent is solely for the oflidadel busirwas Of ft CRY Of Beech ss oontemplsted u de�'Government Cods Sec 6103 and Should bs reowded free of charge RECEIVED BY CITY CLERK RECEIPT COPY S Return DUPLICATE to City Clerk s Office (Name) �T after signing/dating i (Date) `� _ � —f✓' >� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurers FROM DATE SUBJECT Bond Acceptance '1 have received the bonds for i ) (Company Na e Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No CC No MSC No r Approved I i Agenda Item No ( ouncd pprov Date City Clerk Vault No _��z„Z, #27 g/followup/bondletter_doc 0 , CITY OF HUNTINGTON BEACH 0 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK December 21 2004 Catellus Residential Group Inc 3990 Westerly Place Suite 120 Newport Beach CA 92660 Re Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No 15470---[Acceptance of Public Improvements] Please be advised that on Monday December 20 2004 the City Council of the City of Huntington Beach took the following action E-7 (City Council) Approved the Release of Securities for Tract No 15470 Located Six Hundred Feet North and East of the Intersection of Bolsa Chica Street and Warner Avenue, s/o Heil Avenue (Meadowlark Specific Plan) —Approved the Notice of Acceptance of Public Improvements (Developer Catellus Residential Group, Inc ) (420 60)— 1 Accepted the improvements constructed and dedicated for public use with Tract No 15470 and 2 Accepted Guarantee and Warranty Bond No 929104326-W the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer and 3 Release the Faithful Performance/Labor and Material Bond No 929104326 and Monument Bond No 929104327 pursuant to California Government Code Section No 66499 7(a) (Attachment 2) and 4 Instructed the City Clerk to notify the developer Catellus Residential Group Inc of this action and the City Treasurer to notify the Surety National Fire Insurance Company of Hartford of this action and 5 Instructed the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder (Attachment 3) Submitted by the Public Works Director Funding Source Not Applicable Sincerely oan L Fl"l Y lJ+ City Clerk cc City Treasurer JF pe Attachment g/followup/tract/acceptpublicimp notice doc procedure#22 (Telephone 714 536 5227) i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK December 21 2004 Tom Daly County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15470 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope 4� Joan L Flynn City Clerk JF pe Enclosures Tract No 15470—Catellus Residential—N/E Bolsa Chica Street&Warner Ave South of Heil Ave g/followup/tract/acceptpublicimp recorder doc procedure#23 (Telephone 714 536 5227) RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) •A , iff CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treas Zrer w/ FROM % L�J DATE A/ A/ SUBJECT Bond Acceptance I have received the bonds for (Company N e) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No G U444,flza:- --*-L o�13 Re Tract No CC No MSC No Approved - Agenda Item No (Counqll Appro al Da )- City Clerk Vault No #27 g ffollowup/bondletter dac ' ,( G 0 %RCS-��cn Council/Agency Meeting Held aA4ZO-5z ` ✓ Deferred/Continued to [, Approved ❑ Conditionally Approved ❑ Denied Ity I S S g ature Council Meeting Date December 20 2004 Department ID Number PW T 4 094 -y CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION -� SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MBERS rJ T> SUBMITTED BY PENELOPE CULF(RETH-G AFT CITY ADM,IN� RAT �� PREPARED BY C ROBERT F BEARDSLEY PE DIRECTOR O�PUB L ORKS SUBJECT Approve the Release Of Securities for Tract No 15470 and Accept the Public Improvements Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Catellus Residential Group Inc the developer of Tract No 15470 (located six hundred feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue) has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15470 2 Accept Guarantee and Warranty Bond No 929104326-W the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer 3 Release the Faithful Performance/Labor and Material Bond No 929104326 and Monument Bond No 929104327 pursuant to California Government Code Section No 66499 7(a) (Attachment 2) 4 Instruct the City Clerk to notify the developer Catellus Residential Group Inc of this action and the City Treasurer to notify the surety National Fire Insurance Company of Hartford of this action and 5 Instruct the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder (Attachment 3) REQUEST FOR CITY COUNCIL ACTION MEETING DATE December 20, 2004 DEPARTMENT ID NUMBER PW 04-094 Alternative Action(s) Deny the recommended action This action may violate the Subdivision Map Act Analysis On September 20 1999 the City Council approved Final Map No 15470 (Attachment 1) and accepted bonds from Catellus Residential Group Inc the securities furnished for faithful performance labor and material and monuments The developer Catellus Residential Group 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 California Government Code Section 66499 7(a) Public improvements constructed consist of the domestic water system and appurtenances within the public street The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements Following is a list of project data Developer Catellus Residential Group Inc 3990 Westerly Place Suite 120 Newport Beach CA 92660 Engineer MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92714 Location Six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue Zone Specific Plan 8 (Meadowlark Specific Plan) No of Acres 484 No of Lots 6 numbered and 17 lettered Public Works Commission Action Not required Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines California Administrative Code Title 14 Chapter 3 Section 15268(b) Attachment(s) City Clerk's . Description 1 Location Map 2 Guarantee and Warranty Bond No 929104326 W 3 Acceptance of Public Improvements Form G\R C A\2004\04 094 December 20 Bogart(Tr 15470 Bond Release)doc 2 12/2/2004 9 59 AM ATTACHMENT # 1 I EDINGER AVE DEL MAR LANE HEIL AVE w LO Q ao a U Q in C CD Of Ct J C w 0 TRACT 15470 w WARNER AVE ow (PLAZA LANE z x SLATER, AVE ocatLi on Map ATTAC H M E N T #2 BOND NO 929104326—W PREMIUM INCL IN ORIGINAL PERF BOND #929104326 GUARANTEE AND WARRANTY BOND WHEREAS CATELLUS RESIDENTIAL GROUP as a Principal and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a corporation organized under the laws of the Stale of CONNECTICUT and duly autt razed to do business in the State of California as Surety are held and flrmly bound unto the City of Huntington Beach Cafrfomia as Obligee In the penal sum of TWO HUNDRED NINETY NINE THOUSAND THREE HUNDRED AND NO/194presenhng 10 percent of the contract pnee ($299,300 00) entered Into between the PnWpal and Obligee to which payment well and Wry to be made we do bind ourselves and each of our heirs executors administrators successors and assigns jointly and severally WHEREAS the sald principal entered mto a contract with said Obfgee dated for work described as follows SUMMERLANE, HUNTINGTON BEACH CA TRACT 15470 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!hereof by the Obligee against all defects in workmanstup and materials during said one year period WHEREAS said work has been completed and accepted by Obligee on NOW THEREFORE the Principal and Surety jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year Imm and after date of completion of wo*and acceptance thereof by Obb9ce In witness whereof this instrument has been duly executed by the pnnWal and surety above named on NOV EMBER 11, N 2004 CATE E,15IDENTIAL GROUP as Principal B ay':� O St iG� Q�� , �� AP OVEDASTO FORM jE FER McGRATH C'��';Ni c NATIONAL FIRE INSURANCE COMPANY OF 11ARTWIC as Surety By KATHERINE G NIAN, ATTORNEY—IN—FACT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) SEE ATTACHED LOOSE CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT 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 lam? 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of SAN FRANCISCO On November 11, 2004 before me SHARON A DAVIDSON, NOTARY PUBLIC Date Name and Title of Officer(e g Jane Doe Notary Public) personally appeared KATHERINE G ZEROUNIAN Name(s)of Signer(s) ® personally known to me El proved to me on thp hacu; of satisfaGtory evidence < n A to be the person(&} whose name(&) is/afe R subscribed to the within Instrument and acknowledged to me that hWsheAb,-y executed the same in hwAer4hefF authorized capacity0es) and that by hwAerAhe* SHARONA.DAVIDSON signature(s) on the Instrument the person(-s�- or Commission#1501918 the entity upon behalf of which the person(&) 4 -® Notary public CaOtomia � acted executed the Instrument � San Francisco County My Comm Expires Jul19 2004 WITNESS my hand and official seal a� � f Place Notary Seal Above Signature of Notary Public i OPTIONAL x � 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 X Description of Attached Document Title or Type of Document x Document Date Number of Pages Signer(s) Other Than Name Above h Capacity(ies) Claimed by Signer RIGHT THUMBPRINT Signer s Name OF SIGNER ❑ Individual Top of thumb here ❑ Corporation Officer— Title(s) ❑ Partner— ❑ Limited ❑ General 7 ❑ Attorney in Fact ❑ Trustee X ❑ Guardian or Conservator ❑ Other Signer Is Representing S ©1999 National Notary Assoc ation 9350 De Soto Ave P 0 Box 2402 Chatsworth CA 91313-2402 www nationalnotary org Prod No GE07 Reo der Call Toll F ee 1 800-878 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of On C .7 before me I-e,4 ��0 , V, _ Date Name and Title of Officer(e g Jane Doe Notary Ptubl c) personally appeared Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personfs)-Whose nam@(S'i a subscribed to the within instrument and acknowledged to me that e ho,44-e executed the same in &+ertfttefr GAIL CHAPMAN authorized capacity4wsy and that by�hertthdlr Commission#1464484 signature4Won the instrument the person4ie} or the Z -r Notary Public California Orange Coun entity upon behalf of which the persMon(s)-acted � ty Mycomm Expires Jon 22 2008 executed the instrument WITNESS hand and official p9al Place Notary Seal Above S g ature of ary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ElAttorne ' y in Fact Top ElAttorne in Fact ' op of thumb ere y Top of thumb here ❑ Trustee ElTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other ❑ Other Signer Is Representing Signer Is Representing 0 2004 Nat onal Notary Assoaat o 9350 De Soto A e PO Box 2402 Chatsworth CA 91313 2402 Item No 5907 Reorder Call Toll F ee 1 800 876 6827 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation and American Casualty Company of Reading Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies") ire duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois,and that they do by virtue of the ignatures and seals herein affixed hereby make constitute and appoint John T Lettiery Mark Roppo,Kathenne G Zerounian,Paul S Rodnguez,Tom Branigan,Individually of San Francisco CA,their true and lawful Attomey(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 8th day of September 2004 IMSUR Continental Casualty Company National Fire Insurance Company of Hartford cosy re b S� oagTF Amencon Casualty Company of Reading Pennsylvania s MY tl F o y� �J SEAL C ! INN t a97 MA + Michael Gengler Sen7 Vice President State of Illinois County of Cook ss On this 8th day of September 2004 before me personally came Michael Gengler to me known who being by me duly swom did depose and say that he rc sides in the City of Chicago State of Illinois that he is a Senior Vice President of Continental Casualty Company an Illinois corporation, National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument,that he knows the seals of said corporatio-is that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations OFFICIAL SEAL 6UZA PPoCE NOTMW KOM—OTAif Of LLMOM v1'OOYmMOA f17R1 OM71W My Commission Expires September 17 2005 —Eliza Price Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 11TH day of NOVEMBER 2004 Continental Casualty Company National Fire Insurance Company of Hartford aOPPO1uTe 00 Q oto" aar�e a American Casualty Company of Reading Pennsylvania MY 11 �v SFAL t: CP 1 g9T MARS ��rr d�' Mary A Tikaf4kis Assistant Secretary Form F6853 11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company "Article IX Execution of Documents Section 3 Appointment of Attorney in fact. The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from tune to time appoint by written certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17i6 day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2 Appointment of Attorney in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17t°day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may from time to time appoint,by written certificates Attorneys in Fact to act in behalf of the Corporation in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such Attorney in Fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney in Fact. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17t°day of February 1993 RESOLVED That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by faesunrle o any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corpora ion Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation" NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the ' Writing Companies ) as surety or insurer Western Surety Company Universal Surety of America Surety Bonding Company of America Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading PA The Firemen s Insurance Company of Newark NJ and The Continental Insurance Company DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0 00) DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible Fomi r7310 Company Profile Page 1 of 2 Company Profile NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-993-5006 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process9 Reference Information NAIC # 20478 NAIC Group # 0218 California Company ID # 0128-9 Date authorized in California August 05, 1884 License Status UNLIMITED-NORMAL Company Type Property& Casualty State of Domicile CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these Imes of insurance For an explanation of any of these terms, please refer to the glossary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY http //cdinswww insurance ca gov/pls/wu_co_prof/idb_co_prof utl get_co_propp_EID= 11/16/2004 Company Profile Page 2 of 2 MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information j� Company Enforcement Action Documents ~ Company Performance &Companson Data Composite Complaint Studies Want More Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised November 04 2004 11 18 AM Copynght©California Department of Insurance Disclaimer http //cdinswww insurance ca gov/pis/wu_co_prof/idb_co_prof utl get_co_prorp_EID= 11/16/2004 ATTACHMENT #3 Recording requested by and when recorded return to Joan Flynn 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 November 30, 2004 the City Engineer considered the subdivision improvements described below and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach as described on Final Map No 15470 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at December 20 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest 0 0 City Clerk and Ex-officio Cler of City Co ncil Of the City of Huntington Beach California By puty CITY :rz4& TiNGT EACH �� by City Engineer This doaxnant is 90101Y for the oAldal Beach as cont urn Government Code Sec.6103 and should b!recorded tree of charge RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve Release of Securities for Tract 15470 COUNCIL MEETING DATE December 20, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached Not Applicable ❑ Attached ❑ Contract/Agreement (w/exhibits if applicable) Not Applicable (Signed in full by the Clty Attorney) Attached ❑ Subleases Third Party Agreements etc Not Applicable Approved as to form by City Attorney) Certificates of Insurance A roved b e Cat ome Attached El( pp y th y Att y� Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) Attached ElNot Ap licable hed ❑ Commission Board or Committee Report (If applicable) Not Attac Applicable Attached ❑ Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff G Assistant City Administrator Initial City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author S Bogart 16J4 Je 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 H-UNTLN GTON BEACH DATE O ,V�/Q, 61 f l TO (�Q� es �S/C(p/lf,c� oYdl1.0 ATTENTION YNam j�jt,�/� j¢ DEPARTMENT �--Slugt City State Zt Vo 00 See Attached Action Agenda Item Date of Approval / z 0 9 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 Ze/ew--6x 1"/win 14 e, --,/ —,/ _-- O �5 N LW D ent RCA Agreem ni/ Insurance / Other 'Ic�7M6 / ✓ ✓ Nam Dz ent RCA Agra went Insurance Other 7e/'ede ( M Name Department RCA Agreement Insurance Other Nam � i � Department / RCA Agreement Insurance r Other Risk Mana.eemment Dept Imurannccee Received by Name Company Name Date G Followup/coNerltr (Telephone 714 536 5227) w CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 29 1999 First American Title Company 114 East Fifth Street Santa Ana California 92701 Attention Ronald J Gomez Escrow Pick Up No 9738165 — Final Tract Map No 15470 The City Clerk s Office has prepared Final Tract Map No 15470 to be recorded Your office will be picking up this document to be recorded with the County Please have a copy of the recorded map returned to the Bruce Crosby Public Works Department City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Connie Brockway CIVIC City Clerk CB jc Enclosure Received by • Date ZJ c' ^ 2 CL , 9 Q escropu doc/tract 15470ic (Telephone 714 536 5227) '�• red CITY OF HUNTINGTON BEACH w INTERDEPARTMENTAL COMMUNICATION TO Janelle Case Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15470 (Authorization to Record) DATE September 27 1999 Please release subject tract to the Title Company for recordation All requirements have been met per the Subdivision Map Act TITLE CO First American Title Insurance Co TITLE OFFICER Ronald J Gomez ORDER NO 9738165 PHONE NO (714) 558 321 1 Bruce P Crosby 36243 A,/11 U � I 4 " // �e c �t- q12- 7 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACUPARCEL MAP AND AUTHORIZATION/Cr/"Se FOR RELEASE FOR RECORDING ,l6/j,�,K'' TO CITY CLERK DATE Cl 1-241,qq �J FROM CO1vIMUNITY DEVELOPMENT Howard Zelefsky TRACT NO 1-1514 PARCEL MAP NO 4 �1 L4 8�1 OOa PA RK AND RECREATIONFEES P ID YES $ ❑ NO OTHER U forte' Hove ard Zelefsky Vt4ak4 NVW- Plan,-ung Director ,&MC�5 ZeleF.sxy 7-rersurr4- nos Council/Agency Meeting Held 9,av l 9 Ufa o L o Deferred/Continued to Ap roved ❑ Conditionally Approved El Denied ��P�- -City Clerk s Signature —0 Council Meeting Date September 20 1999 Department ID Number PL 99-59 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS �✓ry Y M Zn SUBMITTED BY RAY SILVER CityAdministrator �d� - '�C, n C- PREPARED BY HOWARD ZELEFSKY Planning Director SUBJECT APPROVE FINAL TRACT MAP NO 15470 OF TENTATIVE TRACT MAP NO 15469, WITH BONDS AND AGREEMENTS (Meadowrark) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 15470 (Meadowlark Development) located six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map No 15470 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (Attachment No 1) and 2 Approve the Subdivision Agreement between the City and Catellus Residential Group and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion 'Deny Final Tract Map No 15470 and reject the offer of dedication improvements and bonds " a/�) REQUEST FOR COUNCIL ACTION MEETING DATE September 20, 1999 DEPARTMENT ID NUMBER PL 99-59 Analysis A PROJECT PROPOSAL SUBDIVIDER Catellus Residential Group 5 Park Plaza Suite 400 Irvine CA 92714 ENGINEER MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92714 LOCATION Six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue ZONE Specific Plan 8 (Meadowlark Specific Plan) GENERAL PLAN M-sp (Mixed Use-specific plan overlay) NO OF ACRES 48 4 gross acres NO OF NUMBERED LOTS 6 NO OF LETTERED LOTS 17 NO OF UNITS No units proposed with this final map DATE OF COMPLETE APPLICATION September 8 1999 MANDATORY PROCESSING DATE October 4 1999 DISCUSSION On March 15 1999 the City Council approved Zoning Text Amendment No 97-04 Zoning Map Amendment No 97-1 Tentative Tract Map No 15469 Conditional Use Permit No 97- 80 and Negative Declaration No 97-21 to subdivide 48 4 gross acres for the construction of 313 single family residences Final Tract Map No 15470 represents the first phase of the project and includes six (6) numbered lots and 17 lettered lots Lot 1 is 2 4 acres for public park purposes and lots 2 through 6 are for conveyance and future subdivision purposes No dwelling units will be constructed with this final map The subdivider has satisfied the Park and Recreation requirement for this project through the payment of$1 485 000 in fees (per tentative tract map condition of approval and based upon a land value rate equal to $500 000 per acre ) The subdivider will satisfy the affordable PL99 59 2 09/07/99 4 59 PM �J REQUEST FOR COUNCIL ACTION MEETING DATE September 20, 1999 DEPARTMENT ID NUMBER PL 99-59 housing requirement for this project by providing 32 off-site units An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with amended and approved by the City Council Environmental Status This action to accept Final Tract Map No 15470 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b) Attachments) City Clerk's .Page Number, 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15469 with site plan 4 Tentative Tract Map No 15469 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance) RCA Author R Ramos PL99 59 3 09/15/99 9 01 AM ,, kj h a 6u R it '' 1Pti s -AA {e d 4 ti r ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map No 15470 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15469 conditions of approval as approved by the City Council Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer a Faithful Performance Bond No 929104326 as presented in Attachment No 6 b Labor and Material Bond No 929104326 as presented in Attachment No 6 c Monument Bond No 929104327 as presented in Attachment No 6 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer, drainage engineering, and inspections shall be provided b A Certificate of Insurance shall be submitted c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In-Lieu Fees f The City Attorney approves the CC&Rs for the project g Submit a revised phasing map to the approval of the Departments of Public Works and Planning 1, r }M k TV � y W�� r PC fx� �44 oT i Y ti Oyfjt(�j tax +� "{►�tSS ��1 0s is � y �+ t J 7 60 To c RL C F-E MEADOWLARK DA j x = Y z = IRO p�MOOD fLL. 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I loin -L I z � �� I■� I I � i 'y'y1■SHH�Snn�� i ��i � A r� lAi0 � �� Q � i �J■ �,� A IN �,�t �!������if��i���i ►�lf��j,��,I�����q�!� ���� � lei ����f�I��� �i�c .�.I,hi�t�,)rs;�,�l.�a�,r�h�•�let!!���L�:ei��'�.LL��, L,�ic „ }}t r I f I lire 4 +'1tA� a�lik � f bS�t ell, �l r } 7� i'iI tp } i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CO CIfTYCLOCKWAY f �Y 1 3 ERK ,y� May 13 1999 Mr Bruce D Eliscu Catellus Residential Group 5 Park Plaza Ste 300 Irvine CA 92614 Dear Mr D Eliscu The City Council of the City of Huntington Beach at its regular meeting,held Monday, March 15, 1999, approved Findings and Conditions for Tentative Tract Map No 15469 and Conditional Use Permit No 97-80, Negative Declaration No 97-21, Zoning Text Amendment No 97-04 andZomng Map Amendment No 97-1 This is a final decision You are hereby notified that pursuant to provisions of Section 1094 6 of the Code of Civil Procedure of the State of California you ha-V e mnety days from May 13, 1999 to apply to the courts for judicial revie« If you have any questions regarding this matter please contact our office at 714/536-5227 S1nc el Connie Brockway, CMC City Clerk CB cc Enclosure Findings for Approval Government Code 1094 6 Cc City Administrator City Attorney Howard Zelefsky, Planning Director Amy Wolfe Planner Scott Hess, Principle Planner g/f61lo«vp\1etters\90day1tr (Telephone 714 536-5227) § 1094 CJ SPFCIAI PROCEEDIN( S Part 3 Mote 378 nt1 tl for it u trill dt not i ri,,rr I i aunt I i ini i inttr hnd ut juri It lion t nliforatn 1 u inld roil ut lu. \i i( phi. III imd tit 1 not it it rnilnt mt rits \\esterit Air (I )"tl) 1-7 ( ill Rptr 610 57 ( \ 141 -t) I lot it lot . tohletki (Ilitil) JJ Cal lti tr irhtl tourtx jmlyjnint it nimy, i%ril tit 71D 1I)1 t \._4131)Ii ninndnte to canape 1 direr tar i f nisi ulturo Ihtt t that letter dixcliarginl, xemor tvl In xct w4i le him dtt p inn rexokmu . lit tit inn iNt c I rk m iffit of tt unli Ot rk shttctl r r s lit t nst us mrLr ift I it pt Ili I w4inexx t that wh w tx guilt3 of on onduct in re Beet control w nx rt i t rmt d and two rt mot u1;, public- ret urd, fr im Iho files an 1 nintidLd to t ri tl i mrt with hri(ti mx to nintil icing nil 1 seem ling them on vnriouv rt aimod t il,t, to dire etar for pure n.c t f dutex wlieren-c to lie-iring before county l r tonxiderm6 tho pranhh lir dourly im ciiil k nuc commission e%ilenre was to posed where it wni found that some of tro luced onh ns to whnt look place on tht, charges ak unxt pctitiont r were not oat. of the inter did tilt ri quire the dip; Kill ported by tvi fence \\ingfield i t ri(t c uort c f appeal on it w ill from iu It, Direct pr of Agriculture (1072) 105 Gal ment niiarding xunor nl)i t clerk wet of I ptr 619 29 ( A 3tl 2(X) ittandnte offet revering ti o jutigmeut of I roceediug for review of (itninl bi tom the superior 'nurt to runantl the matter tion niu.sioner of mrioralionw of permit to w re t uuiwc a for r offacrasur rhnnl,e voting, ril,lits of xharehold rx where Lht a wait n snailiriti of is sue wuuld he rtninnded to kupt rior tourt for (f the rein i it of tl r d xungeles on all dLtertninntion whother this( i av subur in t f the In ,it 1 exit � 1 si \u(195 ( oun teal evideuce to support t, intmasionLr& I d 3 , ntcr l_ommiesiou (1951) 23t3 findings wlitre court improperly deter I ?d 3 lt5y( Aid 114 § 1094 6 Judicial review decisions of local agencies, petition, filing, time, record, decision and Marty defined, or- dinan(c, or rLsolution (a) Judicial review of any decision of a local agcmc\ other than school district, as the telm Iocal agency is defined in Section 549,51 of the Government Code of of arly comml-,sion bo iid officer or agent tlii ^eof, m-Iy be had pursuant to Section 1094{) of this code only if i the petition for writ of mandate pursu-int to such section is filed t ithin the time limits specified in this section- (b) An5 such petition shall be filed not later than the 90th day following the date on which the decision becomes final It there is no provision for i econsideration of the decision in any applicable prove Sion of any statute chalter or lule, for the purposes of this section the decisiu*ri is final on the date it is made If there is Such provision for reconsideration the decision is final for the puipose� of this sec tion upon the expiration of the per rod dui Ing which such reconsidera tton can be sought, pi ovided that if i e(onsidei-ation is sought pursu- drit to any ouch provision the decision is final for the purposes of this ,,ection on the date that reconsideration is rejected (c) The (ompl(,t( i((o►d of the p►of ceding-, sh-ill Ix pi eplred by I ilt 1(x d igen(y cii its ( (minii,, tiro bo it(t offit ei (it t>,cnl Muth all ide the dcci oon ind %h Ill be (f( iixeied to the lxtit ions i within 1)0 ti iys aftc t he has filed I wI(deli. I e(Iuetit tl)u cfol 'l he local agency may recover from the petitioner its actual costs for ti amcl ibing or otherwise preparing the record Such record shall include the tian Script of thL pioccedinl,s, all pleadings all notices Ind tinders any pi oposed decision by a hearing officer, the final decision all admitted 674 1 i Title 1 t NRIT OF MANDATE § 34 6 exhibits all rejected exhibits in the possession of the local agency or Its commission board officer or agent, all wi itten evidence and any other pipei s in the case (d) If thl_ petitlonct fl1CS d teclu«t fot tli( iecord as specified in ctt )(livimon (() within 10 d iy% Met rho d ite the decision becomes (I n-il as pioNidcYl in -,ubdIVVlon (b), flu (line. within which I lxlition put tiu int to Section 10915 may he filed shall b(. extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec ord, if he has one (e) As used in this section, decision means adjudicatory admin istrative decision made, after hearing, suspending, demoting or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance (f) In making a final decision as defined in subdivision (e), the local agency shall pi ovide notice to the party that the time within w hich judicial review must be sought is governed by this section As used in this subdivision, "party' means an officer or em ployee who has been suspended, demoted or dismissed, a person «hose permit or license has been revoked or whose application for a pei mit or license has been dented, or a person whose application for a retirement benefit of allowance has been denied (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable If such ordinance or resolution is adopted, the pi o-,tsions of this section shall prevail over any conflicting provision in any othei wise applicable law relating to the subject matter (Added by Stats 1976 c 276 p 581, § 1 ) Forms See %N est It ( aliforuta Code It orms Cmil Procedure Library References Admtntrtrntht. Lnu and I rocetlurt C T 1; Pubht• Adnitntstratire Bodies and Car M Pruortlure § 19J Notes of Dectslons In general 1 that publu cm0ovntcnt relations I.onnl Exhaustion of administrative remedies 2 half t%t In,,t%o juriw hctlon to It tenntne ultrtl t r tilt. unfair pructtce cliarrex were Jctettfu 1 and to stew of teacht rs failure to r<luntst f lit it n lininwr ttUvc remedies I In general undt r the Itotl In At trial court erred to 1t hool be lard x Zmtlnt nil frt t ant, of ;,satin;, writ of mandate to compel ttul,er fill lit r xnlnrtt s uftt r I t unun> of ut.w 'Well I lit of dtxtrict and otltrry to ruige xtitnol %enr ulnie t intro I I,(kottnitutts vtlari . of certttnt tPZLIICnt Amndor Vul Nt.rt i emlin` itrr»uAtt tuns till uufutr It% � t minry I slut ators Ms it t \ewLn pruc Uct ut tauluuun of tilt Ituddu lit at (1079) 151 C.al nptr 724 88 ( .A.ill .15-1 675 W � � A FINDINGS AND CONDITIONS OF APPROVAL Y 3 - CONDITIONAL USE PERIMIT NO 97-80/ TENTATIVE TRACT MAP NO 15469/ ` NEGATIVE DECLARATION 97-21 (ME ADO`VLARK) March 10 1999 FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO 97-21 1 The Negative Declaration No 97-21 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines It was advertised and available for a public comment period of twent,. (20) day s No comments were received dunng the comment period 2 Mitigation measures for Negative Declaration No 97-21 attached hereto shall become part of the project conditions of approval, (unless superseded by more restrictive TTM/CUP conditions), and will avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur Mitigation measures address a number of potential impacts including affordable housing requirements, land use compatibility, noise impacts and hazardous materials There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated Aill have a significant effect on the environment FINDINGS FOR APPROVAL -TENTATIVE MAP NO 15469 1 Tentative Tract Map No 15469 for subdivision of 48 4 gross acres for the purpose of developing a 313 unit residential community is consistent with the General Plan Land Use Element designation of M-sp (Mixed Use- Specific Plan) on the subject property and the amended Meadowlark Specific Plan as approc ed by the Planning Commission The number of units in each planning area areas follows PA1-62, PA2-51, PA3-113, and PA4-87 Detached single family homes on small-lots are a permitted use 2. The site is physically suitable for the type and density of development at 9 8 units per net acre (6 5 units per gross acre) The site was previously approved for a higher intensity of land use (12 4 units per gross acre) The size, lot frontage street sections and other design features of the proposed subdivision as proposed or conditioned, are in compliance with the amended Specific Plan The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The project was evaluated in Negative Declaration No 97-21 and will comply with appropnate mitigation measures The design of the subdivision or the t}pe of improvements will not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided The subdivision as conditioned, will provide all necessary easements and will not affect any existing easements (g wolfe\3 8tm) 1 I FINDINGS FOR AP-k - OVAL - CONDITIO\-kL USE PE 1IT NO 97 80 1 Conditional Use Permit No 97-80 for the establishment of the 313 dwelling unit planned community and reduced front yard setbacks in PA1 (pursuant to section 4 D A PA1 7 a of the Meadowlark Specific Plan) and PA2 (pursuant to Section 4 5 A PA2 7 a of the Meadowlark Specific Plan) «ill not be detrimental to the general welfare of persons corking or residing in the -v icinitN or detrimental to the N alue of the property and improN ements in the neighborhood There are 62 single family residence detached units in PA 1 31 single famil-, residence detached in PA-2 113 single family residence detached units in P A-3 and 87 single family rezidence deLached units in PA 4 A total of 244 on street Quest spaces «ill be pro%ided as «ell as an additional number of parking spaces pro,,ided on the spine road The proposed project as conditioned will provide the necessary infrastructure and site impro,,enients to accommodate the needs of project residents and the adjoining community PA1 and PA2 reprebent innovati'�e deN elopment concepts and result in an impro,%ed street scene 2 The conditional use permit request, as conditioned v.111. be compatible with surrounding residential and commercial uses The proposed buffer areas beta een the exasting easterly adjacent properties and PA3, project grading, site design and subdivision lay out, and numbers on on street guest spaces will properly adapt the proposed structures to streets drive«aN s and other adjacent structure and uses in a harmonious manner 3 The proposed residential development as conditioned, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use The proposed use will meet the approved Meadowlark Specific Plan HBZSO and HBOC provisions, including lot size, setbacks, density and parking PAl and PA2 provide a create,,e layout and include innovate.e architecture and design 4 The granting of the conditional use permit will not adversely affect the General Plan It is consistent with the Land Use Element designation of M-sp (Mixed Use Specific Plan) on the subject property In addition, it is consistent with the following goals and policies of the General Plan A L U 9 12 Require that single-family residential uruts be designed to convey a high level of quality by considenng the following guidelines a Modulate and articulate building elevation facades and masses (avoiding undifferentiated box-like ' structures) d Encouraging innovative and creative design concepts B LU 9 3 2 Require that the design of new residential subdivisions consider the following b Integrate public squares mini-parks, or other landscape elements (a wolfe\3 81m) i Conside - duced street «idth, to achie-,e a more ( -,timate relationship between structure-, Lo the e\tent fea,ible and in accordance Lh Huntington Beach Fire Department regulations CONDITIO\S OF APPROI',,L - TE\T.MVE II-kP ti0 15469 1 The tentative tract map recei%ed and dated October 19, 1998 shall be the appro'.ed map as revised or amended by the Vleado«lark Specific Plan pro-,isions and de%elopment standards and the conditions of project approval ( 21� kar pw r_-v-�:, 2 The project shall compl% < ith parkland dedication requirements Derloper shall dedicate a minimum of 2 4 acres of park land and shall pa-, parkland dedication in-lieu fees to satisfy the remaining project par:land dedication obligaLl on The de-"eloper shall improN e 2 4 acres of park land and an adjoining 8 acre, of Gibb, Part.to Cit-, specifications The cost of the 3 2 acre park impro%ements will be credited to the payment of in lieu fees (This would not include any related imprw emems associated with the detention basin) In-lieu fees shall be assessed at a land value rate equal to SD00,000 per acre The balance of park land in-lieu fees shall be deposited into the Park acquisition and Deg elopment Fund The proposed neighborhood public park shall-bz flat—and Shall pro,.ide at—a minimum three (3) acres of dry usable park space (CommunitN Sen ices) 37 RetaininQ walls shall be setback a minimum of four(4) ft from the back of sidewalks No retaining walls shall be permitted within the Spine Road street ROW 4 Lot N shall be reconfigured to pro,idea minimum often (10) ft landscape buffer along Airport Circle and pedestrian access onlN bet«een Roose-,elt Lane and Airport Circle The 17pINp— 1P remaining portion of the subject lot shall be incorporated «ithin the adjoining residential lots 5 Wall and fence plans shall be submitted and appro,.ed by the Planning Building and Public Works Department Prior to construction of anN ne« walls a plan shall be submitted identify ing the removal of any existing «alls nest to new w alls, and shall include approval by property owners of adjacent proper-Lie, The plans shall include section drawings, a site plan and elev ations The plans shall identify materials, seep holes and drainage 6 DecoratiN e paving shall be prop ided at main project entrances (Hell Ave/Spine Road and Plaza Lane/Spine Road) and at all entry points to each of the Planning Areas The type of enhanced paving materials to be prodded shall be subject to review and approval by the Public Works and Planrung Department 7 At least 60 days before City Council action on the final map, CC&Rs shall be subrrutted to the Planrung Department and approy ed by the City Attorney The CC&Rs shall a) reflect and address the common dnvew ay access easements, use easements landscape easements maintenance easements as well as maintenance of all walls and common landscape areas by the Homeowner s Association b)require use of the garages for automobile storage, a minimum of eighteen(18) ft by nineteen(19) ft shall be maintained clear of any obstruction for automobile parking c) limit additions to and exterior modification of dwelling units within all planning areas in accordance with Nleadow lark Specific Plan provisions d) include enforcement of` no-parking areas and include language similar to the letter from F Scott (a wolfe\3 8rm) 3 Jackson dated De,-e er 2 1998 The CC&Rs shall be in r ordable form prior to recordation of the map Street lighting shall be designed and constructed to comply «ith Meadowlark Specific Plan provisions pertaining to decoratiNe street lighting Street lighting levels along street A shall be increased to prop ide pedestrian "isibility per Public R orks Department (P«� 9� Fire hydrant locations shall be approved bN the Fire Department (FD) 10 TentatiN e Tract \Iap No 15-169 shall comply w ith all mitigation measures of Negati�e Declaration No 97 21 (attached hereto and becoming a part thereon) unless mitigation measure(s) are superceded b�, more restrictive conditions of project approval 1 f)Tentatn e Tract Map No 15469 shall comply with American Disability Act (ADA) Standard 12 Prior to recordation of the final map and unless othentiise stated the following conditions shall be completed Bonding may be substituted for construction in accordance 'with the provisions of the Huntington Beach Zoning and Subdi-,ision Ordinance a An affordable housing plan shall be submitted to the City of Huntington Beach, in accordance w ith Meado'�ti lark Specific Plan pro-,isions The plan shall provide for affordable housing on site or off-site The contents of the affordable housing plan shall include the folio«ing 1) Ten percent (10%) of the total units proposed shall be affordable to low and moderate income le,,el households (maximum 100% of the Orange County Median Income) for a period of thirty (30) years 2) A detailed description of the type size, location and phasing of the units being built 3) If rental units are used to satisfy this condition then the units shall be for households earning between 50% 80% of the Orange County Median Income All N ehicular access rights to all public and priv ate streets w ithin the proposed subdivision including Heil Avenue and Street ' A shall be released and relinquished to the City of Huntington Beach except at locations approved by the City (P`V) (c:)A final sewer study shall be submitted for Public `Yorks approval The development shall design the sewer system required to serve the development (PNV) A letter of acceptance for additional sewer flow s shall be required from the Orange County Sanitation District (P'*V) �e) The water improvements shall be designed as shown on the approved Tentative Tract Map and per the City of Huntington Beach Water Division s Standard Plan Specifications and Design Criteria The Deg eloper shall submit a final water system analysis with calculations with the project s first plan check to confirm appropriate sizing and layout If the analysis shows that fire flow demands cannot be met with the Citv s current water pipeline infrastructure, the deN eloper will be required to upgrade the City s pipeline sy stem to meet the demands at no cost to the City The City of (g wolfe\3 8tm) 4 Huntington Be ',% ater Dig ision shall appro%e all chr '*e, or additions to pipeline infrastructure - iy new infrastructure constructed in t, - public right of way shall be dedicated to the CitN upon successful completion of the project and shall conform with all baCLenological testing requirement, (PNN) (f")The applicanL «ill «orl. w ith the Fire Department to assure that the street name of A Street ,,,,ill be consistent from south of Warner through the north side of Hell A,.enue The applicant will be responsible for any modification to existing signage due to name changes (P«) go Final h,�drolog� and by draulic studie, for both on and off site facilttie, shall be submitted for Public Works rep le,.,, and appro-,at Drainage easements and lots designated as detention areas shall al,o be shown on the Final Map as directed and appro-,ed by the Department of Public Works On site drainage shall not be directed to adjacent properties but shall be handled by a Public "orks appro,.ed method Runoff from the site shall be restncted as directed bti the Department of Public `Yorks to minimize impacts to downstream facilities Drainage flows from adjacent properties ill be accepted and mitigated as pare of the on,ite drainage impro,,ements If the detention facilities are proposed within park areas, all storm flows up to and including the 10 Near eN ent shall be contained below grade Any surface w ater detention above the 10 Near event shall not be allow ed to pond above grade for more than 2 hours Porous soil and an underdrain system will be incorporated in the park and field areas at the direction of the Public Works Department to insure these area, maintain the required drainage associated w ith active park use (PW) The Deg eloper shall design off-site drainage improvements as required by the Department of Public Works to mitigate the impact of increased runoff due to de,.elopment and pass through flow s to deficient downstream drainage systems - Design of all necessary drainage improvements shall provide mitigation for all rainfall eN ent frequencies up to a 100-N ear frequency All storm inlets shall be grated (P`V) Streets B through H J and L shall be designed per modified Standard Drawing 104 w ith 50 ft of right-of-way, and with a 32 ft curb to curb width Sidewalks shall be 4 ft wide minimum with a 5 ft wide parkway adjacent to curb Parking shall be restricted to one side (PtiV) Street I' and` K' shall be designed per modified Standard Drawing 104 with 50 ft of right of way, and with a 40 ft curb to curb width Sidewalks shall be 5 ft wide minimum adjacent to the curb Parking shall be permitted on both sides of the street (PW} 01- All street grades shall be a minimum of 0 50% (P`V) Q1 Streets M through ` Z and ` AA through`BB shall be designed per Standard Drawing 104 (42 /32 ) The sidewalk shall be 5 ft wide minimum with 'pop-out sections outside the street nght of w ay around street furniture to comply with ADA requirements Parking shall be restncted to one side (PW) (g «oIfe\3 8tm) m A final on str parking la}out plan shall be submitter a, part of the street improvement r any for all pri%ate and public streets 1 parking and road«a-, layout ' shall be anal}zed b,, a registered traffic engineer for sight distance pedestrian safet} and all way stop sign warrants at key interjections prior to acceptance by the Public %Forks Department The parking layout plan shall conform to Cit-, standards and the Cit) s Subdi%ision Ordinance and Municipal Code requirements including Municipal Ordinance do 10 40 050 No on street parking shall be permitted adjacent to emergenc} access areas in compliance w ith Fire Department Specifications 401 and -115 This plan shall be used for parking control b} the HOA Streets where parking is permitted on one side only shall have the no parking side painted with a red stripe isible to the drier and no parking— fire lane suns shall be posted prior to any mope ins Fire lanes shall also be designated in compliance with City Fire Department Specifications 401 and 415 A total of 244 on street guest parking spaces exclusive of guest and park parking prop ided on Street A (Spine Rd) shall be prop ided each planning area shall maintain at least a 5 space per unit (based upon the exhibits presented by the applicant and attached to the staff report) (PW/Planning) The deg eloper shall design and construct a traffic signal at the intersection of Hell Avenue Street A' and Del Mar Lane (P«) CThe southerly 29 ft of existing Pearce Street and all of the new proposed Pearce Street to the intersection of K' Street shall be dedicated to the public for street and public utilit} purposes per modified Standard Plan No 104 (29 /20 half section) The side«all,shall be 4 ft wide minimum with a 5 ft wide parkway adjacent to the curb (PtiV) Street A' shall be dedicated to the public for street and public utility purposes The street section shall be designed per modified Standard Plan 104 with 60 ft of right of «ay and a 32 ft curb to curb width Additional parking on Street` A' shall only be permitted per the appro,.ed parking layout plan in pockets located within the parkway The pockets shall include curb radius transitions A meandenng 6 wide sidewalk shall be incorporated in the parkw a} on each side of the street The intersection of'A" Street and Heil Avenue shall align with Del Mar Lane A queue length analysis shall be performed to provide adequate stacking for left turn movements from A Street to Heil Avenue (P`V) Cq )Those portions of the sew er and storm drain system which are in private streets shall be maintained by the HOA (P`V) All street intersections shall intersect at 90 degrees or radialy to curved streets The developer shall perform sight distance analysis (using a design of 35 mph) for all intersections along Street A" (P`V) U The developer shall design signing striping and street lighting in accordance with Public Works Standards and the Specific Plan to The southerly 18 ft of Heil Avenue shall be dedicated to the public for street and public utility purposes (PNN (a «olfe\3 8t n) 6 CHeil A,,enue sl- 4 be designated per the Cit} s Standarc'-Dlan No 102 modified (100 /70 ) inc, Ling a 7 ft bike lane on the south side r1e[1 -.venue The developer shall design protected left turn pockets (150 ft in length) in both directions on Heil A%enue (design speed 50 MPH) The developer shall dedicate additional right of-wa-,, if necessary on Heil AN enue to permit installation of the protected left turn pockets a, directed b) the Department of Public Works (P«) An additional 12 ft of landscaping shall be required adjacent to the Heil ANenue right of way Landscaping improvements shall be designed and installed per Public Works Standards This landscaped area shall be contained w ithin an easement for maintenance b) the HOA (PW) DII A reproducible m)lar cop) and a print of the recorded final map along w ith digital graphic files of the recorded map per the CitZ of Huntington Beach ' CAD Standardb Manual for Consultants , shall be submitted to the Department of Public Works (PW) (�x1 The folloving shalt be shown as a dedication to the Ctt" of Huntington Beach on the 17 Final Map 1) An easement oN er the pnN ate streets for Police Fire Department and utility maintenance access purposes 2) A 2 ft public utility easement adjacent to the street right of-%Nay, as shown on said map (7 ft parkway s or less) 3) The water s)stem and appurtenances as shown on the improv ement plans 4) Access rights in over across upon and through the pnvate streets for the purpose of maintaining sen icing cleaning and replacing the water system 5) The easements for sewer and storm drain purposes as shown on said map with maintenance b) the HOA 6) All perimeter streetscape, community open space and greenbelt areas,Norma Gibbs Park extension and other required landscape improvements shall be dedicated w ith the first phase of development (P`V) (y1 The developer shall provide a 10 ft(minimum) wide decorate-,e pavement section at the �� joint points of the public streets, excluding Pearce Street east of Street K per the City s direction The decoratitie pavement section shall end at the curb returns in the pnvate street portion (PINV) CZ A phasing map shall be submitted for approval to the Public Works Department show ing improvements to be constructed and right of,.,.ay to be dedicated with each phase All required infrastructure, including all public streets and Street 'I and `K' shall be designed and constructed with the first phase (PINV) aa)The engineer or surveyor preparing the final map shall comply with sections 7-9-330 and 7-9-337 of the Orange Count) Subdivision Code and Orange County SubdiN ision Manual Sub-article 18 for the following items, 1) Tie the boundary of the map in the Horizontal Control System established by the County Sun e)or 2) Provide a digital-graphics file of said map (PNN� (g wolfe\3 8tm) 7 bb All improyem -r securities (Faithful Performance Lab/o- & Material and Monument Bondi) and Sr 11y ision Agreement shall be posted vy iC ie Public '%% orbs Department and approved a-, to form b5 the City Attorney (P«) A Certificate of Insurance shall be filed %yith the Public Works Department and approved as to torm b} the Cit} Attorney (PNV) dd All Public V ork, fees shall be paid (P«) 7-% cash pa}merit in the amount of S35 000 00 in addition to an} traffic impact fee due snall be made to the City for the dey eloper s share of the future traffic signal at the interjection of Bolsa Chica Street and Pearce Street as specified in the Meado«lark Specific Plan (PNN� ff Tentative Tract Map No 15469 (PA 4) shall be revised to accommodate the proposed architectural deign and comply with minimum setbacks, inclusive of side yard setbacks gg A copy of the CC&.R's shall be submitted to the Department of Public Works for review and appro,,at The CC&R's shall provide as a muumum 1) The HO-�shall be responsible for performing regular maintenance and monitonng of the storm water s)stem in conformance with the Storm `Water QualitS Management Plan for the development 2) All public fire hydrants within the development shall be kept clear of landscaping and improvements per City requirements and standards and painted as required 3) The Huntington Beach Police Department shall not be restricted from enforcing all parking regulations and the citation of violations for any parking not permitted by the approved parking plan for the project 4) Red curb for No Parking zones shall be maintained yearly by the HOA 5) Pro,.i�ions shall be made in the CC&R's to prescnbe street sweeping guidelines performed by the HOA Guidelines shall be in conformance with Cit) requirements (P'YV) Rolled curbs shall be provided on all private streets 11 Emergency v ehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department (FD) �l Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification 9401 (FD) GThe developer shall pay a proportional share for the signalization of the HeiUGraham intersection as determined by a traffic impact analysis approved by the Department of Public `Yorks (PNV) (g wolf,-O 3cm) 8 13 The follo«ing cc tions shall be completed prior to isst - ce o grading permits A Grading Plan prepared b,. a registered Ci%it Engineer shall be submitted for repie« and appro, at The Grading Plan shall include design of the detention basin area%tiithin the proposed part, site This plan shall also include an erosion and silt control plan for all eater runoff during construction and site preparation «ork Final eradez and elevations on the Grading Plan shall not %a_- b-, more than 1 ft from the grades and elevations on the approved TentatiN e Map (PNN) b-I A detailed soils analysis shall be prepared bN a registered Ci%it Engineer This analysis shall include on-site soils sampling and laboratory testing of materials to provide detailed recommendations for grading chemical and fill proper-Lie.') retaining walls, streets, and utilities (PN') Cc� A Landscape and Irrigation Plan prepared b) a Licensed Landscape Architect shall be submitted to the Department of Public R orks for re,.ie« and appro'.at b) the Park, Tree and Landscape Division The Deg eloper shall submit irrigation demands to ensure proper imgation service sizing (PNV) Cd; In accordance with NPDES requirements a Water Quality Management Plan" shall be prepared b} a Cv,it or Ens ironmental Engmeer Water quality B\IP and education information shall be included in the CCRR's (P«� Ce The Developer shall coordinate «ith the City of Huntington Beach Traffic Engineenng Division in developing a tract, and construction -,ehicle routing plan This plan shall specify the hours in ,Nhieh transport acts.itie�) can occur and methods to minimize construction related impacts to adjacent residents These plans must be approved by the Department of Public Works (PNV) (—fD The Developer shall subr ut to the Fire Department proof that the abandoned oil well located on the site has been re-abandoned in accordance with current California Department of Conservation Di, ision of Oil, Gas and Geotechrucal Resources (DOGGR) standards, subject to the approval of the Public Works Department and Fire Department (Mitigation t\leasure) �,g The Developer shall ensure that during demolition of existing structures or the removal of potentially asbestos contairunQ materials, these materials shall be tested for the presence of asbestos I it is determined that the matenals are asbestos containing, the materials shall be removed from the site and disposed of by licensed contractors in accordance with current regulatory standards, subject to approval of the Public Works Department and Fire Department (Mitigation Measure) The Developer shall ensure that during demolition of existing structures or the removal of potentially lead-containing materials existing building debris (1 e paint) shall be handled in accordance NNith current regulatory standards, subject to the approval of the Public Works Department and Fire Department (Nlitigahon ttileasure) (g wolfed 8tm) 9 C� The Developer snall ensure that during demolition of e\i- ng structures or the remo%.at of potentially hazardous chemical containing materials these materials shall be handled b-, licensed contractors in accordance with current regulatory standards subject to the approval of the Public Works Department and Fire Department (Mitigation Measure) 14 The following conditions shall be completed prior to issuance of building permits a \o combustible construction shall occur until the approN ed w a,er s,stem has been installed b The water system shall be located within%ehicle tra,.el«aNs dedicated to the City «here possible Ground co,,er, hardscape and/or softscape o%er water lines shall be appro%ed by the «'ater Division The de-,eloper or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the Ciri, which shall address repairs to any enhanced pavement, wall, fencing curb gutter landscaping etc by other than City forces (at no cost to the Cit)), if City water mains require maintenance or repair c Construct off site drainage improvements as required by the Department of Public Works to mitigate impact of increased run off due to development, or deficient downstream drainage systems Design all necessary drainage improN ements shall pro-,ide mitigation of all rainfall e%ent frequencies up to 100-y ear frequency d The De-v eloper shall submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to mirumize noise impacts e The Developer shall provide an interior noise study prepared by a qualified acoustical consultant, which identifies building upgrades that will attenuate intenor noise levels by at least 30 dba in order to achieve consistency with the City's interior noise ordinance These upgrade, could include upgraded windows and mechanical ventilation so that the windows could remain closed This noise study shall be subject to the approval of the Planning and Building Department f The Developer shall ensure proper noise attenuation for lots proposed directly adjacent to Heil Avenue through implementation of six-foot bamers along Heil Avenue This wall height is relative to the pad elevation Location of this wall shall be in conformance with the location recommended in the Noise assessment Noise barriers shall consist of a surface density of at least 3 5 pounds per square foot and shall not have operungs or cracks The noise barriers for rear yard areas may be a wall, berm, or a combination of the two The sound wall or any patio barrier that may be necessary may be constructed of 5/8-inch Plexiglas, any masonry material, or a combination of these matenals Plans for the proposed noise barriers shall be approN ed by the Planning and Building Departments (1litigation Measure) (g v olfe\3 8tm) 10 Cr The De,,eloper 11 ensure p-oper no e a-terua lo- for c )po,ed alo the southerly boundary of Planning Area' adjacent to t-le comme clai (%leado«lark Plaza) and Planning Area 1 adjacent to Heil -k%e Lhroug-1 con,_uctio- of a noise attenuation«all The height of the «alls (as mea,ured from the highe,t adja.enL grade) shall be 8 in height, portions of the «all adjacent. to the co-runerctal cen e, a'onJ the southerly property line may be up to 12 in heiUL The tn-cl,loadin: doc1N a eas on the commercial center site shall be enclosed (as agreed to at L-e Pla_-:rting Cony a„ton meeting) The De,,eloper shall ensure imnle-ne-ltaLlor o:the none mitiga on mea,ure, aoproNed by the City to reduce exterior noise imcacts on affectec a-.-as Lo le, of less than significant and in compliance N,,ith the Ci<< s \oi,e Ore nance Final c1a_, for proposed noise barriers shall be in accord % ith noise stucy and asp o-,ed b the Planning and Building Departments (Mitigation Mea,ure) 1 o Dunng grading/construction if a surnp pit is ercountered dr I lm2 mud pre,ent must be sampled and tested to ensure Lna the maLenal are non hazardo!, subject to the approval of the Public Works Department and Fire Depa tment 16 The following conditions shall be completed prior to final occ ipa-ncy (PNN) a Backflow protection is required and snall be installed per ie Huntington Beach Water Division Standard Plans for irrigation and fire suppression «a er sen ices b Each proposed dwelling uni,. shall reouire a separa e dome,ttc meter and service All domestic water meters shall be sized in accordance with tre UPC and the requirements of the City of Huntington Beach Building Deparirrent anc the Fire Department c All existing overhead utilities shall be installed undergrot.-id m accordance "ith the City s Underground Utility Ordinance In addition, all el=CLr-cal transformers shall be in stalled underground d The entire public park, including the extens,on on o Norma Gibb, park, shall be improved to Public Works Standards The de-,eloper shrF t p-ovide for a minimum of 20 parking stalls on Street A' One space shall be ADA compliant, and shall be located along the public park frontage e All public infrastructure impro,�e-nents perimeter street cape, community open space and greenbelt areas, public park and Norma Gibb,park extension and other required landscaping improvements shall be completed prior to the first move in Private infrastructure shall be consLructed per the anpro-ved phasing r)lan f Soil tests for agricultural suitability, femlitti and appraisal Erom the site to be landscaped, shall be submitted for rep iew and appro,,at b-, Park,Tree and Landscaping Division of Public Works Te,t results and correcti,%e recorrunendations by the Testing Lab shall be included in the Landscape Plan Specificatio-is for construction (g wolfe\3 8tm) l 1 Cr Existing matt rees that are to be removed must be re -ed at a 2 1 ratio «ith a 36 bo\ tree or palm equivalent The Developer shall have a t-onsulting Arborist quantif-, identify, size and analyze the health of the em,ting trees The report shall also recommend ho« the existing tree, that are to remain (if anv) shall be protected and hove far con,truction/grading shall be kept from the trunk h All landscaping irrigation and planting installation shall be certified to be in compliance vv ith the City approved landscape plans b} the landscape architect of record in wntten form to the Cit,, Landscape Architect prior to the final landscape inspection and appro%at i All street, shall be fully improv ed per the conditions of approv at j A block gall (solid grouted) shall be constructed along the southerly boundary as required per Condition No 16 g herein (Mitigation Measure) k A Landscape Maintenance License Agreement" is required for the continuing landscaping maintenance along Street `A and Heil Avenue by the Homeowners Association 1 Street lighting for Heil Avenue and all other streets shall be owned by Southern California Edison Co Street lighting shall be constructed in accordance "-with City Standards and Meadowlark Specific Plan requirements pertinent to provision of decorative lighting fixtures m The Dv,eloper shall install 150 ft left turn pockets at the intersection of Heil Avenue, Street A' and Del Mar Lane n The Traffic Impact Fee shall be paid prior to issuance of certificate of occupancy 17 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restrictive conditions of approval contained herein 18 The Planrung and Public `Yorks Directors ensure that all conditions of approval are complied mth If any changes to the Tentative Map occur, these two Directors shall be notified in venting The final map shall not be recorded until these Directors have reviewed and approved the proposed changes for conformance with the intent of the Cit-, Council s action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO INFORIMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE TRACT MAP NO 15469 1 The Final Map shall not be accepted by the City Council until ZMA No 97-1 and ZTA No 97-4 are approved and in effect Once complete the Final Map shall be accepted by the City Council recorded with the Orange County Recorder and a copy filed with the Planrung Department (g wolfe\3 8tm) 12 ' 2 Part. and Recreation Fees shall be paid p, or Lo accepta-ice of Lne Final Map b� the City a..� Council State Mandated school impact fee, snail be paid prior to issua-ice of building permits t 4� All applicable Public Works fees shall be paid prior to man recordation () Tentatt,�e Tract Map No 15469 shall become mill and-,oid u-iless exerci,ed within two ears from the date of final appro-,al An e\Lens,on of time may be ;ranged b-, the Director of Planning pursuant to ,vritten requesL suomitted to the Plarirung Department a minimum of 30 days prior to the expiration date �6 )The applicant shall submit a check in the amoun of S38 00 for the posting of the Notice of Determination at the County of Orange Cler', s Office The check shall be made out to the County of Orange and submitted to the Department of Community Development within Mo day s of the City Council action COtiDITIONS OF APPROVAL - CONDITIO\AL LSE PERMIT NO 97-80 1 The Conditional Use Permit plans/documents receiN ed and dated October 19 - 21, 1998, shall be the conceptually approved plans with the follo-,vinQ modifications a The Conditional Use Permit plans/documentS shall be re,.ised to comply with the Meadowlark Specific Plan proN isions and deg elopment standards and any other applicable provisions of the HBZSO and HBOC inclusiN e of public par'%dedication, building setbacks, building height parking and storage requirements b Garage driveway widths shall be deigned in accordance with HBZSO Section 231 18 D 4 and Municipal Ordinance 17 20 010 and 17 20 030 Turrung radius on angled driveways shall be adequate to allow tuns in one mop ement to enter garage entry areas c Depict all utility apparatus, such as, but not limited to, fire by drants back flow devices and Edison transformer, on the site plan Utility meters shall be screened from view from public rights of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vault, BacUow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) d Depict all gas meters, water meters, electrical panels air conditioning units, mailbox facilities and similar items on the site plan and elevations If located on a building,they shall be architecturally designed into the budding to appear as part of the building They shall be architecturally compatible with the building and non-obtrusr�e not interfere with sidewalk areas and comply with required setbacks e For zero lot-line construction the maximum separation betty een building wall and property line shall not exceed two (2) inches f The southwest portion of Planrung Area 4 shall be redesigned to provide at a minimum a ten (10) ft wide landscape buffer along Airport Circle, the remaining portion of Lot N shall be incorporated within the adjoirung pn-v ate residential lots (g«olfe\3 Sim) 13 Q The `Nall and i ce plan dated October 19 199S shall bL �iced as follow s 1 Incorporate theme wall de�,ian treatment along Lot L 2 Incorporate front }and fence dez)ian option 3 Identify block walls in accordance «ith condition 14 g of the Tentati'.e Tract Map, 4 Wrought iron fencing along rear property lines of lots adjacent to the public park, D Location of wood fences for interior and rear}ards not abutting a street 6 Block walls along exterior side yards ana rear}ards abutting a street and for all project perimeter propert} lines abutting e\isting properties h If outdoor lighting is included ene,?v saN ing larnp�, shall be used All outside lighting shall be directed to present 'spillage onto adjacent properties and shall be shown on the site plan and elevations i Product mix modifications shall be zubject to reN iew and approval by the Planning Department j Planning Area 1 Floor Plan 2 and associated conditional use permit and tentative tract map documents shall be revised to comply with the approved Meadowlark Specific Plan parking requirements Redesign parlor so as not to constitute a bedroom by defirution of the Huntington Beach Zoning and Subdivision Ordinance k Planning Area 1, Floor Plan 3 includes a master retreat adjacent to a master bedroom which shall not constitute a separate bedroom proN ided there is a wall opening of minimum six (6) feet or that it is accessed through a master bathroom No extenor stairways accessing either a dwelling or balcon%/deck shall be permitted 1 The architectural plans for all dwelling units within PA-2 shall be revised to comply with Meadowlark Specific Plan maximum building height requirements (30 ft maximum) m The dwelling unit on Lot 39 (PA 2) shall be re plotted to comply with the minimum 10 feet exterior side yard setback n Plan 2 and 2X(PA-2) shall be revised to comply with the minimum 20 feet (width) by 20 feet (depth) intenor garage dimensions Plan 2X and 3X(PA-2) shall be revised to eliminate the excess substandard compact and tandem parking Excess tandem/compact parking areas shall be allocated to alternate uses and shall comply with the Meadowlark Specific Plan parking requirements o Interior garage dimensions for PA 3 and PA-4 shall be pursuant to the plans presented to the Planning Commission at their December 3, 1998 meeting 2 Prior to submittal for building permits the following shall be completed a Zoning entitlement conditions of approval shall be pnnted verbatim on the second page of all working drawing sets used for issuance of building permits (architectural structural electrical, mechanical and plumbing) (a Wolfe\3 8tm) 14 b Points of interest architectural landscaping recreations, and sculptural) seating areas and functional pa,,ilions shall be incorporated within the oNe,all pedestrian promenade' Spine Road design theme A detailed plan specifti ing the pro-_'0.',ed design elements shall be submitted to the Planning Department for re-,ie« and app,o�al b� the Design Re,,ie« Board c Decorati,,e street furniture and light fixtures shall be incorporaLed «ithin the MeadoMark Specific Plan area(PA 1- PA 4) Street furruture and ligh fixture specifications and locations shall be submitted to the Planning and Public V orl�, Departments for revie« and approval by the Design Revie« Board d Names of streets shall be submitted to and appro%ed b1 the Huntington Beach Fire Department in accordance with City Specification No 409 (FD) e Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department f The Planning Department shall review and appro,�e the follo� ing 1) Enhanced architectural treatment for building facades vislole from public right of- way, open space areas and parks site 2) Revised site plan and elevations as modified pursuant to Condition No 1 g The following Fire Department requirements shall be noted on the building plans 1) Fire lanes will be designated and posted to comply with Cit'. Specification No 415 (FD) 2) Address numbers will be installed to comply with City Specification No 428 The size of the numbers will be sized a minimum of six (6) incnes with a brush stroke of one and one-half(1-1/2) inches (FD) 3) On-site fire hydrants shall be provided in number and at locations specified by the Fire Department (FD) 4) Automatic sprinkler s)stems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beacn Fire Department and Uniform Building Code Standards Shop drawings shall be submitted to and approved by the Fire Department prior to installation (FD) 5) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) 6) The project will comply will all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay districts (FD) (g wolfe\3 8tm) 1 h Residential tNpl Lructure� on the LoJect proper~ whetn,, attached or detached shall be constructed in compliance with tre S ate acourtical stan-lards set forth for units that lie within the 60 CNEL contour, of tie property B idence of compliance shall consist of submittal of an aeou�,tical anal}sip report and plans prepared under the supervision of a person e\perienced in the field of a�oastical engineering with the application for building permit(s) (Code Requirement) i A detailed soils anal~sis shall be p -oared b-, a registered Soils Engineer and submitted with the building permit application This a-ial%pis shall include on site soil sampling and laboratory testing of materials to p o%ide detail-d recommendations regarding grading, foundations retaining wally stree�� utilities and chemical and fill properties of underground items including buri-s pipe and concrete a-id the protection thereof (Code Requirement) An engineering geologist shall be en_aged to submit a report indicating the ground surface acceleration from earth mo%ement for the subject property All structures within this development shall be constructea in compliance w ita the g factors as indicated by the geologist s report CalculaLions for footings and structural members to withstand anticipated g factors shall be submitted to the City for rep lew prior to the issuance of building permits (Code Requirement) k Floor plans shall depict natural gaz a-id 220% electrical snail 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 u-i,tz, 3 Prior to issuance of grading permits bloc wall/fencing plans shall be submitted to and approved by the Planning and Building Department Double walls shall be discouraged If double w alls are proposed evidence tria the adjacent propery owner does not agree to have their existing wall remoN ed shall be suor fitted In addition the double walls shall be designed with the narrowest separation possible and shall include lightweight fill into the gap to reduce crevice areas Prior to the con,truction of any new w alls, a plan must be submitted identifying the removal of any existing % alls next to the new walls, and shall include appro,,al by property owners of adjacem properties The plans shall include section drawings, a site plan and elevations The plans shall identif. materials, seep holes and drainage The height of the required noise attenuation wall along the southerly project boundary, adjacent to the Meadowlar%Plaza, shall be measured from the highest adjacent grade 4 Prior to issuance of building permits tree following shall be completed a Submit copy of the revised site plan floor plans and elegy ations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department b A Landscape Construction Set mu..,L be submitted to the Department of Public Works and appro-,ed by the Departments of Public Wor'%s and Planning The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location type size and quantity of all existing (g w olfev Stm) 16 plant material--, tr� remain e\isting plant materials to be =emo,�ed and proposed plant materials an in tion plan a grading plan, an appro%t ,ite plan and a copy of the entitlement conditions of aopro%al c The landscape plan, shall oe in conformance «ith Chapter 232 of the Zoning and Subdi%ision Ordinance ana applicable Design Guidelines Any exiting mature trees that must be remo%ed shall be replaced at a t«o to one ratio (2 1) with minimum 36 inch bo,, trees and shall be incorpo-ated into the projects landscape plan (Code Requirement) d Tne Final Map shall be accepted by the City Council recorded with the Orange County Recorder and a copy filed w ith the Planning Department (Code Requirement) e Tne property o«ner shall sign notarize and record w ith the County Recorder a covenant assuring that the single fa -, residences "ill be maintained as one (1) d«elling unit f The de%eloper shall subm t a separate utility plan shoving w ater s,,stem improvements including sere ice connections to each building fire hydrant "al-ve�, backflov, devices and other appurtenances in accordance with applicable U P C , City Ordinances, Public Works Standards and « aver Division design critena These plans shall be approved by the Public «orks Water Di.ision and the Huntington Beach Fire Department prior to any construction (PNV) g An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employ ees customers and contractors during the project s construction phase and that adjacent properties will not be impacted by their location The applicant shall obtain any nece»ary encroachment permits from the Department of Public «orks h Submit a letter of map rep ision from FEMA declaring the lot(s) exempt from floodplain requirements or submit a copy of completed FEvLA Elevation Certificate(s)for each unit to the Planning Department i Public park impro,,ement plans for the 3 2 acres must be reN ie,'N ed and approved by Public Works and Community SerN ices Staff and Community Services Commission j Affordable Housing Plan shall be approved 6 Durmg construction the applicant shall a Use %rater trucks or spruL,ler systems in all areas «here ,,ehicles travel to keep damp enough to prevent dust raised when leaving the site b Wet down areas in the late morning and after work is completed for the day, c Use low sulfur fuel ( 05%) by weight for construction equipment, d Attempt to phase and schedule construction acts%sties to aN oid high ozone days (first stage smog alerts) L «olfeV 8M) 17 e Discontinue con- -uction during second stage smog alert- 6 Prior to final building permit i-ispec ion and appro,,al of the first residential unit the following shall be completed - a The applicant shall obtain the necessar} permits from the South Coat "ir Quality Management District and submit a cop,, to the Planning Department b Al l improN ements to the p-operv� shall be completed in accordance w ith the appro"ed plans and conditions of appro,,al specified herein including 1) Fire lanes «ill be designa,ed and posted to comply with Cit,, Specification No 415 (FD) 2) Address numbers -will be installed to compl} with City Specification No 428 (FD) 3) On-site fire hydrants shall be provided in number and at locations specified by the Fire Department (FD) 4) Automatic sprinkler s5 stems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department d 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 e The project will compl) with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply w-ill all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay districts (FD) g If the lots are not considered exempt b5 FEMA, a second elevation certificate shall be submitted to the Planning Division for each unit`as built' h All public infrastructure unprov ements perimeter streetscape, commuruty open space and greenbelt areas,public park and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in Private infrastructure shall be constructed per the approved phasing plan 7 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more re�tncti�e conditions of approval (cr %NolfeV Sim) i8 8 The P annin- Director emurez- that all conditions of appro%al herein are complied "pith The Plann -ig Directo-s be notified in writing if any changes( the site plan ele%ations and floor plans are proposed as a result of the plan check process Building permits shall not be issues until tie Planning Director has reviewed and approv ed the proposed changes for confo-mance «Wn the intent of the Planning Commission s action and the conditions herein _ If the oropozed changes are of a subztanttal nature an amendment to the original entitlement re-,ie% ed b} the Planning Commission may be required pursuant to the HBZSO 9 Appro%al of Conditional Use Permit No 97 80 is contingent upon approval of Zorung Text Amendment No 97 ' and Zoning Map Amendment No 97-1 bN the Cit3 Council, and shall becorr e effecti-ve 30 days after the adoption of the Ordinance adopting the Meadovr lark Specific Plan amendments and following the ten day project appeal period INFOR_:I-,TIO\ ON SPECIFIC CODE REQUIREMENTS 1 Cond aonal Use Permit No 97-80 shall become null and void unless exercised witlun one year of the date of final approval or such extension of time as may be granted by the Direc or pursuant to a written request submitted to the Planrung Department a minimum 30 da%�, prior to the expiration date 2 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-80, pursuant to a public hearing for rev ocation if any violation of these conditions Meadowlark Specific Plan or applicable sections of the Huntington Beach Ordinance Code Zoning and Subdivision Ordinance, or Municipal Code occurs 3 All applicable Public Works fees shall be paid (P`V) 4 Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy (P`V) 5 An encroachment permit shall be required for all work within the right-of-way (P`v) 6 A Ce Lificate of Occupancy must be issued by the Building Department prior to occupy of building on the project site 7 Park and Recreation fees shall be paid prior to approval of the Final Map by the City 8 State mandated school impact fees shall be paid prior to issuance of building permits 9 The development shall comply with all applicable provisions of the Municipal Code, Building Dig ision,and Fire Department as well as applicable local, State and Federal Fire Codes Ordinances,and standards, except as noted herein 10 Deve'opmem shall meet all local and State regulations regarding installation and operation of all underground storage tanks (FD) 11 Conz,-ruction shall be limited to Monday- Saturday 7 00 AM to 8 00 PM Construction shall oe prohibited Sundays and Federal holidays (� wolf- > 8ir-i) 19 r 7YSj. S i Ak � ML �r P SUBDWISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15470 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 3 3 Guarantee 3 4 Plant Establishment Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 4 7 Costs 4 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense Hold Harmless 6 11 Insurance 6 12 Non-Performance and Costs 7 13 Record Map 8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15470 THIS AGREEMENT is entered into this )day of 1999 by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as 'CITY ' and CATELLUS RESIDENTIAL MEADOWLARK, LLC a Delaware limited liability 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 inap of the tract of land known as Tract No 15470 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 1 g agree catellus 09/10/99 Government Code of the State of California and Chapter 225 of CITY s Zoning and Subdivision Ordinance NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 GENERAL IMPROVEMENTS SUBDIVIDER 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 services and installation of meters engineering costs, and any other deposits fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date and all labor and material bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy permits until completion of improvements r 2 g agree catclluS 09/10/99 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 penod of one (1) year following the date of City Council acceptance of same 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants replacing unsuitable plants doing weed rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a penod of one (1) year from and after City Council accepts the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one year guarantee period said improvement plans prove to be inadequate in any respect SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 3 g aeree catellus 09/10/99 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statement by any officer agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts shall not relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed nor shall the CITY by thereby be stopped froin bringing any action for damages ansing from the failure to comply with any of the terns and conditions hereof 7 COSTS SUBDIVIDER shall pay when due, all the costs of the work including inspections thereof and relocating existing utilities required thereby 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement the SUBDIVIDER shall pursuant to Government Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance provide as security to the City A Faithful Performance For performance security in the amount of Two Million Nine Hundred Ninety Three Thousand Dollars (S2 993 000 00) which is one hundred 4 agree Latellus 09/10/99 percent (100%) of the estimated cost of the work Such additional security is presented in the form of Cash certified check or cashier s check Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or matenals or any unsatisfactory performance B For Labor and Matenal Security in the amount of One Million Four Hundred Ninety Six Thousand Five Hundred Dollars ($1 496 500 00) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of Cash certified check or cashier s check 'L Acceptable corporate surety bond Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees payment to the contractor to his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the SUBDIVIDER SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted secunty 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 5 g agree catellus 09/10/99 until the work of improvement is finally accepted by CITY and SUBDNIDER may be required by CITY to provide a substitute security at any time 10 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards commissions officers agents and employees against any liability or clams for damage of any kind allegedly suffered incurred or threatened including personal injury ID death property damage inverse condemnation or any combination of these and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement but save and except those that arise from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared supplied or reviewed any plan(s) or specifications(s) in connection with this work or subdivision or has insurance or other indemnification covering any of these matters 11 INSURANCE In addition to SUBDIVIDER S covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify CITY its officers agents and employees while acting within the scope of their duties against any and all claims of ansing out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less 6 g agrec catellus 09/10/99 than $1 000 000 Said policy shall name City of Huntington Beach its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER s insurance shall be pnmary Under no circurnstances shall said abovementioned insurance contain a self- insured retention or a deductible or any other similar form of limitation on the required coverage Pnor 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 carver 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 wntten notice of CITY 4 and shall state as follows The above detailed coverage is not subject to any deductible or self insured retention or any other form of similar type limitation SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is frilly completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement CITY shall at all times have the right to demand the onginal or a copy of all said policies of insurance 7 g agree cateIIus 09/10/99 SUBDNIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required 12 NON PERFORMANCE AND COSTS If SUBDNIDER fails to complete the work within the time specified in this Agreement and subsequent extensions or fails to maintain the work the CITY may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY (including but not limited to Engineering Inspection surveys contract overhead etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work SUBDIVIDER agrees to pay all costs incurred by the CITY even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work SUBDIVIDER agrees to pay all attorney s fees and all other expenses of litigation incurred by CITY in connection therewith even if SUBDNIDER subsequently proceeds to complete the work 8 g agree catelIus 09/10/99 J 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written CATELLUS RESIDENTIAL MEADOWLARK CITY OF HUNTINGTON BEACH a LLC A DELAWARE LIMITED LIABILITY municipal corporation of the State of COMPANY, OWNER California BY CATELLUS RESIDENTIAL GROUP INC A CALIFORNIA CORPORATION ITS MEMBER Ma r - By ATTEST �A✓ Bruc ehman Vice President 4jWt'iyL'i�j AND City Clerk By APPROVED AS TO FORM Kenneth R Benson Assistant Secretary -? REVIEWED AND APPROVED City Attorney City A ninistrator INITIATED AND APPROVED City Engineer 9 g agree catellus 09/10/99 � a'�a r>• r 1 y s 4' 4 °3w'4 , 4� i fYI'Gr�'t A+{ 1 f} P �t 3hrP Y�t I have received Faithful Performance Bond No 929104326 — National Fire Insurance Company of Hartford Labor and Material Bond No 929104326 — National Fire Insurance Company of Hartford Monument Bond No 929104327 — National Fire Insurance Company of Hartford RE Tract 15470 — Catellus Residential Group Inc Approved by Council on 9/20/99 — City Clerk Vault file 420 60 Dated By BOND NO 929104327 PREMIUM $83 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Catellus Residential Group, Inc as Subdivider of Tract No 15470 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 engineers or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate Thatsaid Catellus Residential Group, Inc (Subdivider) as principal and National Fire Insurance Company of Hartford 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 Fif teen Thousand $ 15 000 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 loth day of September '19 99 Catellus Residential Group, Inc as Principal By By Nation 1 Fire Insurance Company of Hartford as Surety By G Nancy L Ha lton Attorney—in—Fact By - Li) PS l0 HR11 4iL HHTON CIlC AT idly s,r '1 Y City Attornev 809201 STATE OF CALIFORNIA ) ) SS SEE ALTACIILD COUNTY OF ORANGE ) ON� ) j LCJD BEFORE ME brda M P1&nr1eAL A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED I� AND PERSONALLY KNOWN TO ME( ) TO BE THE PERSONI}WHOSE NAMEJ�ANW% UBSCRIBED TO THE WITH NN��INSTRUMENT AND ACKNOWLEDGES TO��THATVNE't EXECUTED THE SAME IN UTHORIZED CAPACITfKy AND THAT BY SIGNATURE*ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATUR m MY P INCIPAL PLACE OF BUSINESS IS NOTARY PLC IN AND FOR SAID STATE IN COUNTY lAndC( ►A rla,nnet,Ly (NAME PRINTED) MY COMMISSION EXPIRES LINDA M FLANNELLY Commission#116489, e Notary Public California ; Orange County My Comm Exp res Dec 8 2001 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 809201 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT N 5907 State of California County of San Francisco On September 10 1999 before me Dena Mitchel Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) C personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les) 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 DENA M17HEL WIT7 my, and and official al COMM 41181613 / ems- t—` NOTARY PIJBLIC CALIFfRNIA G �q aAN FRANCISCO I OIINTY 1 �mm F 5 t dy 2P(7j t/ SIGNATURE 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 ❑ CORPORATE OFFICER Bond No 929104327 Pionument tsond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two (2) ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER September 10 1999 _ DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 RemmelA P O Bo 7184 Ca oga P I<CA 91 09 7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation(herein collectively called the CNA Surety Companies) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Donna Ellis Nancy L Hamilton J Craig Bedell Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s)in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 16th day of July 1997 CONTINENTAL CASUALTY COMPANY 2tirvw�T� ��R, F ^yt "r0t4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r#, ORArrMCApr�T AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA c t, Z a JULY n J SEAL te97 MANtV"' • M C Vonnahme Group Vice President State of Illinois County of Cook ss On this 16th day of July 1997 before me personally came M C Vonnahme to me known who being by me duly sworn did depose and say that he resides in the Village of Darien State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed h s name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations ID �f,o,.,i P My Commission Expires June 5 2000 Eileen T Pachuta Notary Public CERTIFICATE I Robert E Ayo Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 10th dayof September 1999 CONTINENTAL CASUALTY COMPANY Qp` wA4kcp �t¢p°p"`Oe4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD tr W� AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA °"trE to y °car J SEAL IDLY II 1997 � H & 0 � Robert E Ayo Assistant Secretary (Rev 7114/95) Authorizing By Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company Article IX--Execution of Documents Section 3 Appointment of Attorney in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certficate bearing such facsimile signature and seal shall be valid and binding on the Compa-iy Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which rt is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company Article W—Execution of Obligations and Appointment of Attorney-In Fact Section 2 Appointment of Attorney in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President an Executive Vice President,or any Senior or Group Vice President of the Corporation may from time to time appoint by written certificates Attorneys in Fact to act in behalf of the Corporation in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such Attorney in Fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President an Executive Vice President any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation BOND NO 929104326 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS the City Council of the City of Huntington Beach State of California and Catellus Residential Group, Inc (hereinafter designated as Principal)have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement dated SummerLane/Meadowlark 19 and identified as project Tract 15470 is hereby referred to and made apart 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 One Million Four Hundred Ninety Six Thousand Code of Civil Procedures in the sum of rive Hundred s no/100-------------------------- dollars($ 1 496 500 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 API<< i-i 1 i U N URM 011IL It 1101J t C ff t Ez 8090 c. +ti Attorney 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 September 10 19 99 Catellus Residential Group, Inc as Principal By By Nation 1 rire Insurance Company of Hartford as Surety Bye6lf4v-G Nancy L Ham,/ am, ton A torney-in-Pact By STATE OF CALIFORNIA ) ) SS SEE ATTACHED COUNTY OF ORANGE ) (3L LOI' BEFORE ME 1 1►'da VA G1an ne LEI A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED_Ic/n AND PERSONALLY KNOWN TO ME( 1E 011THE BASIS OF SATISFAC I ORY EVIDEN ) TO BE THE PERSO4 WHOSE NAMES UBSCRIBED TO THE WITH INSTRUMENT AND ACKNOWLEDGE-f TO,�THAT 4HEJ EXECUTED THE SAME INS'9THORIZED CAPACIT40Y AND THAT BY �SIGNATUREfON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATUR�,,-Y- Pkl- '� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PLYBLIC IN AND FOR SAID STATE IN ���SrC_ COUNTY (NAME PRINTED) MY COMMISSION EXPIRES UNDA K FLANNELLY STATE OF CALIFORNIA ) Commission*1164891 Z SS Notary Public California £ COUNTY OF ORANGE VMyCommorange county ) ExpiresDecB J2D01 ON BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND ti PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT N 5907 State of California County of San Francisco On �,eptemoer 10 1999 before me Dena Mitchel Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAMES)OF SIGNER(S) personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac knowledged 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 DENA MiTCHEL WITNESS hand and official seal COMMPUBLIC CAL 1f11613 �S NOTARY 81IFORNIA / 7 SAN FRANCISCO COUNTY My L—v o mr-LT es M y 26 002 SIGNATURE 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 ❑ CORPORATE OFFICER Bond No 929104326 Labor & Material TITLE OR TYPE OF DOCUMENT TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Two (2) ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER September 10, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remm 1A e P O B0 7184 Ca g P I,CA 91309 7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation(herein collectively called the CNA Surety Companies) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Donna Ellis Nancy L Hamilton J Craig Bedell Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s)in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as rf such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CNA Sureties Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 16th day of July 1997 CONTINENTAL CASUALTY COMPANY I- ASUAI WSUJi F °AF'0e9r NATIONAL FIRE INSURANCE COMPANY OF HARTFORD r#, ay �y MGaC1T� AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA rr s S JULY 71 # OJ 08al MARRY'' • /''/'/, - M C Vonnahme Group Vice President State of Illinois County of Cook ss On this 16th day of July 1997 before me personally came M C Vonnahme to me known who being by me duly sworn did depose and say that he resides in the Village of Darien State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations e�T Pic �c W NOTARY My Commission Expires June 5 2000 Eileen T Pachuta Notary Public CERTIFICATE I Robert E Ayo Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attomey herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed an the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this loth dayof September 1999 CONTINENTAL CASUALTY COMPANY � �r Qyfi %NSUR4 F �tp�DO"rOe4 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 1/,s�t;' OpArta w �TAMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA ' 3 JU13 n r• t B97 M Robert E Ayo Assistant Secretary (Rev 7/14/95) Authonzing By Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company Article IX—Executlon of Documents Section 3 Appointment of Attorney-in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fact to ad in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Compa-ly Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA This Power of Attorney is made and executed pursuant to and by authority of the following By Law duly adopted by the Board of Directors of the Company Article Vt--Executlon of Obligations and Appointment of Attorney-In Fact Section 2 Appointment of Attorney in fad The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fad to ad in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like rature Such attorneys in fact,subject to the limitations set forth in their respective certficates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17 1993 by the Board of Directors of the Company RESOLVED That the President an Executive Vice President or any Senior or Group Vice President of the Corporation may from time to time appoint by written certificates Attorneys in Fact to ad in behalf of the Corporation in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such Attorney in Fact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President an Executive Vice President any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February 1993 RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation BOND NO 929104326 PREMIUM 16 462 00 FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and Catellus Residential Group Inc (hereinafter designated as principal )have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement dated SummerLane/Meadowlark 19 and identified as project 'tract 15470 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 National Fire Insurance Company of Hartford as surety are held and firmly bound unto the City of Huntington Beach hereinafter called City the penal Sum of'Iwo Million Nine Hundred Ninety Three Thousand dollars($2 993 000 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 llle 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-Ind 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 au to oe taxed as cosLZI and included in any judgment rendered n n Ce i C r t(- 1 Attorney I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco I On September 10, 1999 before me, Dena Mitchel, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed 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 WITN my hand and official seal DENA MITCHEL COMM #1181613 ; ' NOTARY PUBLIC CALIFORNIA SAN R ANCISCO My Comm Expires Ma COUNTY26 2002 SIGNATURE 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 ❑ CORPORATE OFFICER Bona No 929104320 Faithful Perrormance TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Three (3) ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER September 10, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION 8236 RemmetAve P 0 Box 7184 Canoga Park CA 91309 7184 The surely 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 specificabons 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 September 10 19 99 Cltellu Residential Group, Inc as Principal By By National lire Insurance Company of Hartford / as Surety By (/ ncy i ton Attorney-in-Fact By STATE OF CALIFORNIA ) SS SEE ATTACHED COUNTY OF ORANGE ) ON JY°��1:3,1 r99 BEFORE ME L1 r1a M PC-4ne t A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TOME( ) TO BE THE PERSON$WHOSE NAME; W UBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES T ME THAT AHE*EXECUTED THE SAME IN tm AND THAT BY ACKNOWLEDGES ON THE INSTRUMENT THE PERSONA OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATUR� �ZlG MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN O COUNTY L1 rld c V-R C:--f �� I (NAME PRINTED) MY COMMISSION EXPIRES l2- S- I LINDA 14 FLANNELLY Commission#1164891 y Notary Public Calltomlo Orange County my Comm Expires Dec 8 2001 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) i ON BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 SEP 14 99 16 43 FIR CATELLU5 RESIDENTIRL 714 251 1933 TO 17143741590 P 02iO3 0 SEP-14-1999 14 21 Pon Risk Seru ices r14 54y ibtil r' 0 v�.�//�q � t! ( h 1 h r1 a q��` A/� p/� ..w k 1�Ji 1�yy►�'1,ya�� + +� 1� ��,I��c.151�■y 1 n ���+S� � ill DATE I I n Ol7i/. a t�� yti+��r Z.�<i�4+ !� - Uir nr `�Cij 9 14 9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION C' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A— Risk Servicee Inc of 1/C �/V HOLDER THIS CERTIFICATE DOES NOT AWAID, EXTEND OR southern California r/ �'LV ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 69S Town Ceater DrIVS, Ste 500 Tito �O COMPANIES AFFORDING COVERAGE Costa Mesa CA 92629 f} ro VQ OC COMPANY 714-641-8355 Jr A Evanston Insurance Co IN &,1lS IM* UC L.yL.Cl.11� CONIBPANY Gimp 'C. telll Amidencial Go0S1tnCt3m Insurance Co o£ State of PA Y,y� �. COMPANY Jamboree tl-� C 5 Park Plain S1n 400 Lmw, nA 9261 COMPANY 7nt.u���f{1JJ�j��L{.ti 77L1�A77 V D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR 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 WCO TYPE OF INSURANCE POLICY NUMILER POLICY EFF4CTIVE POLICY EXPIRATION LIMITS LTR DATE IMMfDOIYYI DATE IMM1DDnYl OEHERALIIALBILITY GCNeIALA-GAEGATE _ a 2000000 A X COMMERCIAL GENEAALLABILITY 99GLP1003258 3/01/99 3/01/00 PRODUCTS COMPIDPAGC I F 1000000 _ CLAIMS MADE F OCCUR PERSONAL 11 ADY INJURY 0 1000000 OWNEA•S&CONTRACTOR S PROT EACH OCCURPGMCG _ I 10000DO FIREOAMACEIAny at o1 7 5ODO0 MEO EXP IAA►one 9W64Al a AUTOMOBILE LIABILITY ANY gLTTO APYROVFD A5 TO FORM I COMBINED SINGLE LIMIT s C Y,+tornep ALL OWVEO 4LfT05 GAIL I L i l Iry i t y By Dep-ty Lt,r ttorney BODILY INJURY SCMEOULEO AUTOS w_ NON AUTOS J / BODILY d 11 / L (PC ace t1 U NON AWNED AUTOS II C 6L- b, i� PROPERTY DAMAGE I DARAGF LIABILITY AUTO ONLY EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY _ EACH ACCIDENT a AGGREGATE e GXCFSSLIABILITY EACH OCCURRENCE J 30000000 B X UMBRELLA FORM 42996083 3/01/99 3/01/00 AGGREGATE a 30000000 OTHER THAN UMBRELLA FORM eteutl On a 25000 WC WORYEAS COMPENSATION ANO STATU CTH T EMPLOYERS LIABILITY EL EACH ACCIDENT a THE PROPRIETOR INCL EL DISEASE POLICY UMIT a PARTNERS/czECUT"E - OFFICERS ARE EXCL EL DISEASE EA EMPLOY E 3 OTHER DESCRIPTION OF OPERATION&ILO CAT IO NSNEHIC LENS PECIAL ITEMS 214e^9 f"4 _ r r S SS &WOULD ANY OF THE ABOVE DESCMIED POLICIES SE CAMCELLED YEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF YME ISLUING COMPANY WILL aMN0Ej82W MAIL P O BOX 190 30 DAYS wun- m NOTICE TO THE CETiTVICATE MOLDED NAMED TO TH6 Larr Hunt.ingtoln Beach CA 92648 AUTMORff N Y 000027000 I'At! I k J Sr y i'r I x Y�°t r* e titi/I.H b d SEP 14 1999 14 17 714 549 1647 PAGE 02 SEP-14-1999 16 35 714 251 1933 9Bi P 02 SEP 14 99 16 43 FR CATELLUS RESIDENTIAL 714 251 1933 TO 17143741590 P 03iO3 SEP-14-1599 14 22 Hon HICK 5yruit-r- POLICY NUNMR 99GLP1003258 CONEWRCIAL GENERAL LIABILITY MS ENDORSEMEYr CHANGES THE POLICY PLEASE READ rr CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) (Indudtng"Primary"Wording) Ttus endorsement modifies uuurance provided under the followwg COI,CAERCIAL GENERAL LIAEILIT'Y COVERAGE PART SCHEDULE Name of Person or Organisation City of Huntington Beach and its elective and appomflve boards, commrasions, of icets, agents and employees P O Box 190 Huntington Beach,CA 92648 (If no entry appears above mfarxnation required to complete this endorsement will be shown in the Declarations as applicable to tlus endorsement) WHO IS AN INSLWD (Section II)is amended to include as an insured the person or organization shown m the Schedule but only with resped to liability ansmg out of or related to `your work or its supervision for that insured by or for you PRIMARY INSURANCE it is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary Insurance as respects any claim loss or liability ansmg directly or indirectly from the insumd's operations and any other insurance maintained by the additional insured shall be non-contrIbutory with the Insurance provided hereunder AI-Pnmary CG2010p(11-85) TOTAL P 03 --- 714 549 1647 PAGE 03 ** TOTAL PAGE 03 ** SEP-14-1999 16 35 714 251 1933 97/ P 03 RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT SUBJECT Final Tract Map No 15470 COUNCIL MEETING DATE September 20, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements, etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff q S 134 ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use TO CDN p t E b9,Zt DATE 3 5 �o FROM Matt Lamb, Real Estate Services For your info ❑ Review& Comment ❑ Handle to conclusion ❑ Note and File ❑ Please answer ❑ Sign &Return ❑ Please see me ❑ Initial and return ❑ Other _ Comments Copt Of: I ITLE l U P.M3(Z-- f t�C-:AipowLp,9,K PaF-k PC--V►r-ATL , LoT�.� Tyr I��o Su�P�t�a�~C, -To is PcT-toi� g� �,U,�c►t„ Pib POT VLFAu I lzF- ` j oQ pS -A COO n(T Ot '� D�n(C�T T4S C(Tr vt n N� �- Y Bt L�(C -fT5 A5 � Of- Pf'VtCxftW — q ALTA OWNERS POLICY OR-2035546 REGIONAL EXCEPTIONS TITLE OFFICER GOMEZ SCHEDULE A TOTAL FEE FOR TITLE EXAMINATION AND TITLE INSURANCE $900 00 AMOUNT OF INSURANCE $1 500 000 00 DATE OF POLICN OCTOBER 6 1999 AT 8 00 A M I NAME OF INSURED THE CITY OF HUNTINGTON BEACH THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS A FEE 3 TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN THE CITY OF HUNTINGTON BEACH 4 THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS (SEE EXHIBIT A ATTACHED HERETO ) PAGE ALTO OWNERS POLICY OR-2035546 REGIONAL EXCEPTIONS TITLE OFFICER GOMEZ SCHEDULE B EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE ACAINST LOSS OR DAMAGE(AND THE COMPANY WILL NOT PAY COSTS ATTORNEYS FEES OR E\PENSES)WHICH ARISE Bl REASON OF PART ONE I TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITI THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS 2 ANY FACTS RIGHTS INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF 3 EASEMENTS CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS 4 DISCREPANCIES CONFLICTS IN BOUNDARY LINES SHORTAGE IN AREA ENCROACHIVIENTS OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS 5 UNPATENTED MINING CLAIMS RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF WATER RIGHTS CLAIMS OR TITLE TO WATER 6 ANY LIEN OR RIGHT TO A LIEN FOR SERVICES LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS PART TWO 1 GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1999 2000 A LIEN NOT YET DUE OR PAYABLE 2 THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3 5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE 3 THE RIGHT TITLE AND INTEREST IF ANY OF NETTIE BELL AND NINA B ANDERSON IN AND TO 30% OF ALL OIL GAS MINERALS AND HYDROCARBON SUBSTANCES UPON AND UNDER A PORTION OF THE LAND PURPORTED TO BE RESERVED UNTO SAID PARTIES AS SET OUT IN THAT CERTAIN AGREEMENT DATED JULY 19 1948 FROM REUBEN H MARTIN AND WIFE TO RICHARD E WILLSIE AND OTHERS RECORDED AUGUST 31 1948 IN BOOK 1695 PAGE 37 OF OFFICIAL RECORDS REFERENCE BEING MADE TO THE RECORD FOR FULL PARTICULARS NOTE SAID AGREEMENT CONTAINS NO RIGHT OF SURFACE ENTRY 4 THE TERMS PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED SCHOOL FACILITIES MITIGATION AGREEMENT EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT THE OCEAN VIEW SCHOOL DISTRICT AND CATELLUS RESIDENTIAL GROUP INC A CALIFORNIA GENERAL PARTNERSHIP RECORDED SEPTEMBER 2 1998 AS INSTRUMENT NO 19980586204 OF OFFICIAL RECORDS PAGE 3 ALTA OWNERS POLICY OR-2035546 REGIONAL EXCEPTIONS TITLE OFFICER GOMEZ 5 THE TERMS PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED MEMORANDUM OF OWNER S FEE AGREEMENT EXECUTED BY AND BETWEEN THE HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT THE OCEAN VIEW SCHOOL DISTRICT AND CATELLUS RESIDENTIAL GROUP INC A CALIFORNIA GENERAL PARTNERSHIP RECORDED SEPTEMBER 2 1998 AS INSTRUMENT NO 19980586205 OF OFFICIAL RECORDS 6 THE RECITAL ON THE MAP OF SAID TRACT THAT LOT 1 IS FOR PUBLIC PARK PURPOSES AND IS NOT A SEPARATE BUILDING SITE 7 THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT 8 AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT FOR PUBLIC UTILITIES PURPOSES OVER A PORTION OF LOT 1 9 ALL VEHICULAR ACCESS RIGHTS TO PLAZA LANE EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION HAVE BEEN RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT 10 THE RECITAL ON THE MAP OF SAID TRACT THAT THIS TRACT MAP IS FOR FINANCING/CONVEYANCING PURPOSES ONLY AND THE LOTS CREATED BY THIS TRACT MAP APPROVAL ARE NOT LEGAL BUILDING SITES 11 THE RECITAL ON THE MAP OF SAID TRACT THAT ALL LOTS CREATED BY THIS MAP AND ALL SUBSEQUENT MAPS OVER THESE LOTS SHALL COMPLY WITH THE FINDINGS AND CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 15469 CONDITIONAL USE PERMIT NO 97 80 AND NEGATIVE DECLARATION 97 21 PAGE 4 ALTA OWNERS POLICY OR-2035546 REGIONAL EXCEPTIONS TITLE OFFICER GOMEZ EXHIBIT "A" ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF HUNTINGTON BEACH AND IS DESCRIBED AS FOLLOWS LOT 1 OF TRACT NO 15470 AS SHOWN ON A MAP FILED IN BOOK 791 PAGES 35 TO 41 OF MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY CALIFORNIA EXCEPT ALL MINERALS OIL GAS PETROLEUM OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR THE EXPLORATION DEVELOPMENT PRODUCTION EXTRACTION AND TAKING OF SAID MINERALS OIL GAS PETROLEUM OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND BY MEANS OF MINES WELLS DERRICKS AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS OIL GAS PETROLEUM OTHER HYDROCARBON SUBSTANCES AND WATER AS SET FORTH ABOVE SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER AS RESERVED IN THE DEEDS RECORDED AS INSTRUMENT NOS 19990326812 TO 19990326815 BOTH OF OFFICIAL RECORDS PAGE 5 ALT-\ON HERS POLICY OR-2035546 REGIONAL EXCEPTIONS TITLE OFFICER GOMEZ WARNING THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP MS PAGE 6 ""2 ACRES AT Of "�'S`° TRACT NO. 15470 "�'°or""`� � ACRES 6 NUMBERED LOTS,AND IEMM LOTS L07S A TTIROM 0 IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA MDS CONSULTING MAY 1999 GARY W DOIOCH LS 4593 DATE OF SURVEY MAY 1993 AND MAY 1999 CURVE TABLE ND MA baby NC ILT TAN t 274Y79 75X 2L7r I57r SEE SHEET N0 4 1 Tr771t fl Mat 11,W I.77 ■ s aralt W Bar iL71 /■IL I 3MTf 20X flat LIT aWK7r LOT D �\ \ , I /Troth slaw nx :was \ F t I must sw SM L/r � � u a7rtt ssDm Ix7r stn �\ `t tea r ar a tr Tar SEE SHEET NO 2 is SCALE t W A t \�LOT 0 \t \ \T I ` I LO T f 42HAM d �1- N RT7I71■ St2�� 1r N 76 U\\ N 16'37'� g1 Nor 9Z9v %W t&rt 60t'� Y N 1 IT I LOT E— H W 0.0M Al , t --- r 1 lr75i Ia0 ♦� PILL a d $ oo-/ , 1 (a 1 7s2t P q/b 71 e.�43 i R�i3�xµfa1�p r G M ti , LOT 1 '- 6E� wJ_ Yin ,PUE 2AM/OS W .V b 5$}i 1 7 DMCAD M M C"or Iwrwia aria 1LOL!a ~� M FFE SWE MPMPI.WVYI [ 1 g & / 4 d� ' 4T 4 T l I yF / / a Ms rr / / / � N v / / 1 N M76 V 3272r I $ vO d 'p � 13=AM Nil / -4 SEE SHEET NO It SEE SHEET FOR 4SISO � QATUTMENTw MONUMENT NOTES, qS E10 . sa SWEET N0.6 First American Title Insurance Company ',. CITY OF Hl. NTINGTOt\!1 SEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRAINSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTLNGTON BEACH DATE O ,U�/Q_, 6) I C/C? / TO �1Le S S/ll aY�l[.O ATTENTION Nam D DEPARTMENT REGARDIl\G / T �ST7lI City State Zip' Meade 4d/' L See Attached Action Agenda Item Date of Approval z D 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks Connie Brockway City Clerk Attachments Action Agenda Page Agreement L/ Bonds__Z Insurance - RCA Deed / Other cc Ze le,.46x /9/4-�7n//1 6, —1C —te a �s NLrgq >2 ent RCA Agree: nI/ Insurance i OtherZ .7nas l ✓ Nam� D De the ent RCA Agre went Insurance Or �-Ye.,den r,( CA CRC Name Department RCA Agreement Insurance Other Na ry � Department / RCA Agreement Insurance Other Risl Management Dept Insurance Received by Name-Company Name- Date G Followup/co%erltr (Telephone 714 536-5227) l/ 447M6 �79'9 z���FsK.y %rr�r,s?urrre- nos Council/Agency Meeting Held i f ab z7 9 Deferred/Continued to ��,�,e-,/ G-i 66 � Ap roved ❑ Conditionally Approved El Denied ���- -City Clerks Signature —o Council Meeting Date September 20 1999 Department ID Number PL 99 59 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS — SUBMITTED BY RAY SILVER, City Administrator ol�,V PREPARED BY HOWARD ZELEFSKY, Planning Directo� SUBJECT APPROVE FINAL TRACT MAP NO 15470 OF TENTATIVEJR)�CT MAP NO 15469, WITH BONDS AND AGREEMENTS (MeadowFark) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 15470 (Meadowlark Development) located six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue, south of Heil Avenue is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 "Approve Final Tract Map No 15470 and accept the offer of dedication improvements, and bonds pursuant to findings and requirements (Attachment No 1) and, 2 Approve the Subdivision Agreement between the City and Catellus Residential Group and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion "Deny Final Tract Map No 15470 and reject the offer of dedication improvements, and bonds " REQUEST FOR COUNCIL ACTION MEETING DATE September 20, 1999 DEPARTMENT ID NUMBER PL 99-59 Analysis A PROJECT PROPOSAL SUBDIVIDER Catellus Residential Group 5 Park Plaza, Suite 400 Irvine, CA 92714 ENGINEER MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92714 LOCATION Six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue ZONE Specific Plan 8 (Meadowlark Specific Plan) GENERAL PLAN M-sp (Mixed Use-specific plan overlay) NO OF ACRES 48 4 gross acres NO OF NUMBERED LOTS 6 NO OF LETTERED LOTS 17 NO OF UNITS No units proposed with this final map DATE OF COMPLETE APPLICATION September 8, 1999 MANDATORY PROCESSING DATE October 4 1999 DISCUSSION On March 15 1999 the City Council approved Zoning Text Amendment No 97-04, Zoning Map Amendment No 97-1, Tentative Tract Map No 15469, Conditional Use Permit No 97- 80, and Negative Declaration No 97-21 to subdivide 48 4 gross acres for the construction of 313 single family residences Final Tract Map No 15470 represents the first phase of the project and includes six (6) numbered lots and 17 lettered lots Lot 1 is 2 4 acres for public park purposes and lots 2 through 6 are for conveyance and future subdivision purposes No dwelling units will be constructed with this final map The subdivider has satisfied the Park and Recreation requirement for this project through the payment of $1,485,000 in fees (per tentative tract map condition of approval and based upon a land value rate equal to $500,000 per acre ) The subdivider will satisfy the affordable PL99 59 2 09/07/99 4 59 PM REQUEST FOR COUNCIL ACTION MEETING DATE September 20, 1999 DEPARTMENT ID NUMBER PL 99-59 housing requirement for this project by providing 32 off-site units An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the City Council Environmental Status This action to accept Final Tract Map No 15470 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b) Attachment(s) Page Number, 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15469 with site plan 4 Tentative Tract Map No 15469 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author R Ramos PL99 59 3 09/15/99 9 01 AM SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK, LLC, FOR TRACT NO 15470 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 3 3 Guarantee 3 4 Plant Establishznent Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 4 7 Costs 4 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense, Hold Harmless 6 11 Insurance 6 12 Non-Performance and Costs 7 13 Record Map 8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15470 THIS AGREEMENT is entered into this day of k 1999 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California hereinafter referred to as "CITY," and CATELLUS RESIDENTIAL MEADOWLARK, LLC a Delaware limited liability 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 15470, 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 1 g agree catellus 09/10/99 Government Code of the State of California and Chapter 225 of CITY's Zoning and Subdivision Ordinance NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 GENERAL IMPROVEMENTS SUBDIVIDER 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 services and installation of meters, engineering costs, and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and matenal bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy permits until completion of improvements 2 g agree catellus 09/10/99 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 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a period of one (1) year from and after City Council accepts the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 3 g agree catellus 09/10/99 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or matenals or statement by any officer, agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts, shall not relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed, nor shall the CITY by thereby be stopped from bnnging any action for damages ansing from the failure to comply with any of the terms and conditions hereof 7 COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement, the SUBDIVIDER shall, pursuant to Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as secunty to the City A Faithful Performance For performance security in the amount of Two Million Nine Hundred Ninety Three Thousand Dollars ($2 993,000 00)which is one hundred 4 g agree catellus 09/10/99 percent (100%) of the estimated cost of the work Such additional secunty is presented 1n the form of Cash, certified check, or cashier s check Acceptable corporate surety bond Acceptable irrevocable letter of credit With this secunty, the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or matenals or any unsatisfactory performance B For Labor and Matenal Secunty in the amount of One Million Four Hundred Ninety Six Thousand Five Hundred Dollars ($1,496 500 00) which is fifty percent (50%) of the estimated cost of the work Such secunty is presented in the form of Cash, certified check, or cashier s check �^Acceptable corporate surety bond Acceptable irrevocable letter of credit With this secunty, the SUBDIVIDER guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or matenals to them or to the SUBDIVIDER SUBDIVIDER may dunng the term of this Agreement substitute improvement secunty provided that the substituted secunty is acceptable to the City Attorney, however, any bond or other secunty given in satisfaction of this condition shall remain in full force and effect 5 g agree catellus 09/10/99 until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 10 INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend hold harmless and indemnify CITY and its elective and appointive boards commissions officers agents and employees against any liability or claim for damage of any kind allegedly suffered incurred or threatened including personal injury, death property damage, inverse condemnation or any combination of these, and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement,but save and except those that anse from the sole active negligence or«illful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared, supplied or reviewed any plan(s) or specifications(s) in connection with this work or subdivision or has insurance or other indemnification covering any of these matters 11 INSURANCE In addition to SUBDIVIDER S covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage Said policy shall indemnify CITY its officers, agents and employees, while acting within the scope of their duties, against any and all claims of ansing out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less 6 g agree catellus 09/10/99 than $1,000 000 Said policy shall name City of Huntington Beach, its officers, and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a'deductible or any other similar form of limitation on the required coverage Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall 1 provide the name and policy number of each carrier and policy, 2 shall state that the policy is currently in force, 3 shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY, 4 and shall state as follows The above detailed coverage is not subject to any deductible or self-insured retention or any other form of similar type limitation SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement CITY shall at all times have the right to demand the original or a copy of all said policies of insurance 7 g agree catellus 09/10/99 SUBDIVIDER shall pay in a prompt and timely manner, the premiums on all insurance hereinabove required 12 NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement and subsequent extensions or fails to maintain the work, the CITY may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY (including but not limited to Engineenng Inspection surveys, contract, overhead, etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces, including contractors, in the event the CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by the CITY, even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work 8 g agree catefts 09/10/99 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written CATELLUS RESIDENTIAL MEADOWLARK CITY OF HUNTINGTON BEACH a LLC, A DELAWARE LIMITED LIABILITY municipal corporation of the State of COMPANY, OWNER California BY CATELLUS RESIDENTIAL GROUP, INC , A CALIFORNIA CORPORATION, ITS MEMBER Ma or By 1 ATTEST Bruce(T,,,1e-hman Vice President l AND City Clerk By L� -�'�� APPROVED AS TO FORM Kenneth R Benson Assistant Secretary REVIEWED AND APPROVED City Attorney City AaKinistrator INITIATED AND APPROVED City Engineer 9 g agree catellus 09/10/99