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HomeMy WebLinkAboutFinal Tract Map 15728 - Tentative Tract Map 15728 - PLC Land City of Huntington Beach P O BOX 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER May 11 2004 CERTIFIED MAIL American Motorists Insurance Company 2730 Gateway Oaks Dr Ste 100 Sacramento CA 95833 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on February 17, 2004 approved the release of the following bond Tract# 15728 Guarantee & Warranty Bond No 3SM95622300 A We are releasing the bond and have enclosed it for your file Also enclosed is a copy of the City Council Action approving the release of the above-referenced bond If you have any questions regarding this matter please contact me at (714) 536-5200 Sincerely Shari L Freidenrich CPA CCMT, CMFA City Treasurer Enclosures cc Christopher Homes 23 Corporate Plaza Ste 350 Newport Beach, CA 92660 Te lliott Principal Civil Engineer(no attachments) iz Ehnng Assistant City Clerk (no attachments) • Office of the City Clerk 021FE9�""Ul y.. CITY of HUNTINGTON BEACH PO Box 190 California 92648 RE i URN � � —� Ri TU TO SENDE ' NO S i j v 31 ` , `� ��"`'�. =- 11,11,1,!{ 1„II„� i I,:ii ,i,i�, alp i of i „I,i, ii„ i,l i • Office of the City Clerk f HUNTINGTON BEACH PO Box 19 California 92648 �1 S) \✓I (V� Christopher Homes r �\ 23 Corporate Plaza, Suite(35� Newport Beach, CA 92660 �_ RETURN �. — IRETURN ---aj— TJ f ENDEE') �J_,rif -= -�- Z6S�' CITY OF HUNTINGTON BEACH 2000 NIAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 20 2004 iw Homes 23 Corporate Plaza Newport Beach CA 92660 Re Release of the Guarantee and Warranty Bond for Tract No 15728 Please be advised that on Tuesday February 17 2004 the City Council of the City of Huntington Beach took the following action (City Council) Approve the Release of the Guarantee and Warranty Bond for Tract No 15728 Located at S!E Corner of Edwards Street and Garfield Avenue (Developer— Christopher Homes- 1 Released Guarantee and Warranty Bond No 3SM95622300-A the security furnished for guarantee and warranty of improvements and 2 Instructed the City Clerk to notify the developer Christopher Homes of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action Sincerely Connie Brockway MMC City Clerk CB pe i g/followup/tract/release borr-s for tract letter doc (Telephone 714 536 5227) �� 0 Hsu —, w CITY OF HUNTINGTON BEACH �/,r 6 Pma.,Vo - MEETING DATE February 17, 2004 DEPARTMENT ID NUMBER PW 04-015 Council/Agency Meeting Held oP, —/72 Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied .LP City � rk s natur Council Meeting Date February 17 2004 Department ID Number PW 04 015 CITY OF HUNTINGTON BEACH a REQUEST FOR COUNCIL ACTION 1�7 =1 i_ SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS ``' 17 � r or- SUBMITTED BY RAY SILVER City Administrator Qom' PREPARED BY ROBERT F BEARDSLEY Director of Public Works SUBJECT Approve the Release of the Guarantee and Warranty Bond for Tract No 15728 Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Sufficient time has elapsed since the acceptance of improvements for Tract No 15728 located at the southeast corner of Edwards Street and Garfield Avenue The Guarantee and Warranty Bond provided by the developer Christopher Homes as the security furnished for guarantee and warranty of improvements is eligible for release Funding Source Not applicable Recommended Action Motion to 1 Release Guarantee and Warranty Bond No 3SM95622300-A the security furnished for guarantee and warranty of improvements and 2 Instruct the City Clerk to notify the developer Christopher Homes of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action Alternative Action(s) Deny the recommended action Analysis The City Council on July 16 2001 accepted the improvements constructed and dedicated for public use within Tract No 15728 and accepted Guarantee and Warranty Bond No 3SM95622300-A the security furnished for guarantee and warranty of improvements California Government Code Section 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements and that the security remain in effect for a period of not less than one year Public improvements 04 015 February 17 Bogart(Tr 15728 Bond Release) 1/27/2004 4 28 PIVI � J , 4 REQUEST FOR COUNCIL ACTION MEETING DATE February 17, 2004 DEPARTMENT ID NUMBER PW 04-015 constructed consist of the public park the pedestrian paseo and the domestic water system and appurtenances within the private streets The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends release of the security Following is a list of project data Developer Christopher Homes 23 Corporate Plaza Suite 350 Newport Beach California 92660 Engineer MDS Consulting 17320 Redhill Avenue Suite 350 Irvine California 92614 Surety American Motorists Insurance Company 2730 Gateway Oaks Drive Suite 100 Sacramento California 95833 Location Southeast corner of Edwards Street and Garfield Avenue Zone Specific Plan 7 (Ellis — Goldenwest Specific Plan) Acreage 19 581 Lots 72 numbered and 20 lettered Environmental Status This recommended action to release the security is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268(b) Attachment(s) City Clerk's Page Number No. Description 1 Location Ma RCA Author S Bogart 04 015 February 17 Bogart Jr 15728 Bond Release) 3` 1/27/2004 4 28 PM ATTACHMENT # 1 TRACT 15728 ELLS AVE N ERNES AVE CITY BOUNDARY o PEEUI ULA ISi o GARFIELD AVE CLAY AVE O fV� �O �O P AVE ocatLi on Map RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of the Guarantee and Warranty Bond for Tract No 15728 COUNCIL MEETING DATE February 17, 2004 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) Not Applicable Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author S Bogart City of Huntington Beach P O Box 711 CALIFORNIA 92648 t TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER September 13, 2001 CERTIFIED MAIL American Motorists Insurance Company 2730 Gateway Oaks Drive, Ste 100 Sacramento CA 95833 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach, on July 16, 2001 approved the release of the following bond Tract# 15728 Faithful Performance and Labor&Material Bond No 3SM 956 22300 Monument Bond No 3SM 956 22200 We are releasing the bond and have enclosed it for your file Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bond If you have any questions regarding this matter, please contact me at (714) 536-5200 Sincerely, Seri eidennch, CPA, CCMT City Treasurer Enclosures cc PLC General Partnership ATTN Christopher Homes 23 Corporate Plaza, Ste 250 Newport Beach, CA 92660 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway City Clerk (no attachments) G Uoyce\.SHARI\LETTERS\Bond release TRI5728 DOC 0 2� Recorded in Official Records County of Orange Recoiding iequested by Gary Granville Clerk Recorder and when rec of dcd i aiu n io i ilfi!i i�1!i fi ii 11�ii111�!1�Ili 1!i i 1►11 1�1 I�d� FEE 2001055541912 27 m 08/13101 Connie Biocl.way Crt� CIEiI � R Office of the City Cleil. 107 23 A04 1 CITY OF HUNTINGTON BLACH 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 P O Box 190-2000 M un Sticet / Huntington Beach C-i 92648 (Sp-ice lbove this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Nw71111r;tu17 Bcctcl7 Zotrtn�aria Snhdn iron Ut drnctncc S(-crton ?-)-) J2) PLEASE TAKE NOTICE 1 HA I on Jtmc 19 2001 the C itv Engineer considered the subdivision improvements descitbed below and IOund them to have been completed satisfactory and aLcepted as hmited by Huntington Bcoch Zoning and Sitbdntzsiozi Oi(lincincc Section 255 22(A) the improvements for public use 1 CF Further the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach as described on Final Map No 15728 Public improvements constructed consist of the domestic water s)stem and apputten lnces within bull, ncL private streets the public. park along ')uinmit Drive and the pedestitan paseo on the east side of the tract between Summit Drive and Gaiticld Avenue Tile Foregoing instrument is the City Cletk s Oi igin it Document Reflecting Citti Council Action Taken at 01- 16 — 01 C1tN Council Meeting Submitted to► ReL01(htion by the Otange County Recorder Attest 0-7- U 20 of Cnr\lf\IIP -RR City CleiI and C\ otticio Clerk of Ci o ne Of the City of Huntington Beach Califoinia Bti eput) phis document is solely for the :)fficlal business of the City :)f Huntington Beach as contem- alated under Government Code CI CY OF [ANTINGTM BEACH Sec 6103 and should be recorded reo of charge y City ngineet Ta L ) r, , I , ���s'i..o CIT,[ Gr H- II ' Tcl,, 1;EAC,j by CIR Attoi ne,,- - 13y Dzl ilt C G\Eng\Elliott\Bonds\Tract acceptance form RECEIVED BY CITY CLERIC RECEIPT COPY I fJ U Return DUPI ICATE to Jeffrey HughPq(ext 5260) (Name) after signing/dating (Date) L'i'm CITY OF HUNTINGTON BEACH kj INTERDEPARTMENTAL COMMUNICATION TO Shan Freidenrich Crty Treasurer ATTN Jim Slobojan Deputy City Treasurer FROM 6-,r0,-,.1 40A DATE 07_ 1-0 -") 1 SUBJECT Bond Acceptance I have received the bonds for TUC (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No !157206 CC No MSC No - - Y Approved 6 Agenda Item No (Council Approval Date) City Clerk Vault No g fjah/bondletter doc (!5 R wens v k� , PQ^ d ,i vm 0 Council/Agency Meeting Held th -��O -01 o� S -FA� WN Deferred/Continued to A proved ❑ Conditio ally Approved ❑ Denied ipe y CI r Signature Council Meeting Date July 16 2001 Department ID Number PW 01 084 N � CITY OF HUNTINGTON BEACH o REQUEST FOR COUNCIL ACTION �� o=-�-� �cn �� SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS rno71rrr -0 c SUBMITTED BY RAY SILVER City Administrator �2`7 Pr = w C-' � D PREPARED BYr)R'OBERT F BEARDSLEY Director of Public Worts SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRAIT NO 15728 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Should Christoper Homes Inc the developer of Tract No 15728 which is located at the southeast corner of Edwards Street and Garfield Avenue receive a release of securities pursuant to the provisions of the Subdivision Map Act having completed all required public improvements? Funding Source Not Applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15728 and 2 Release Christoper Homes Faithful Performance/Labor and Material Bond No 3SM95622300 and Monument Bond No 3SM95622200 pursuant to California Government Code Section No 66499 7, and 3 Accept Christopher Homes Guarantee and Warranty Bond No 3SM95622300-A the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instruct the City Clerk to notify the developer Christopher Homes of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Alternative Action(s) Deny the recommended action E ,,� 0 77 REQUEST FOR COUNCIL ACTION MEETING DATE July 16, 2001 DEPARTMENT ID NUMBER PW 01-084 Analysis On April 5 1999 the City Council approved Final Map No 15728 and accepted Bonds from Christopher Homes the securities furnished for Faithful Performance/Labor & Material and Monuments The developer Christopher Homes has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to Calif Government Code Section 66499 7 Public improvements constructed consist of the domestic water system and appurtenances within the private streets the public park and pedestrian paseo The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements Calif Government Code Section No 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The developer Christopher Homes have provided Guarantee and Warranty Bond No 3SM95622300-A as security Following is a list of project data Developer Christopher Homes 23 Corporate Plaza Suite 250 Newport Beach CA 92660 Engineer MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92614 Surety Co American Motorists Insurance Company 2730 Gateway Oaks Drive Suite 100 Sacramento CA 95833 Location Southeast corner of Edwards Street and Garfield Avenue Zone Specific Plan 7 (Ellis — Goldenwest Specific Plan) Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268(b) Attachment(s) City Clerk's PageNumber: .No..J - Description, 1 Location Map 2 Guarantee and Warranty Bond No 3SM95622300-A 4 Notice of Acceptance of Public Improvements RCA Author T Elliott jim 01 084 July 16 Elliott(Tract 15728) 2 06/19/01 10 22 AM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 20 2001 Christopher Homes 23 Corporate Plaza Suite 250 Newport Beach CA 92660 Re Release of the Faithful Performance/Labor& Material Bond and Monument Bond for Tract No 15728 Please be advised that on Monday July 16 2001 the City Council of the City of Huntington Beach took the following action (City Council) Approved the Release of Securities for Tract No 15728 and Accepted the Public Improvements -Christopher Homes - s/e Corner of Edwards Street and Garfield Avenue - (Ellis/Goldenwest Specific Plan) (420 60) - 1 Accepted the improvements constructed and dedicated for public use with Tract No 15728 and 2 Released Christopher Homes Faithful Performance/Labor and Material Bond No 3SM95622300 and Monument Bond No 3SM95622200 pursuant to California Government Coded Section No 66499 7 and 3 Accepted Christopher Homes Guarantee and Warranty Bond No 3SM95622300 A (American Motorists Insurance Co ) the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer and 4 Instructed the City Clerk to notify the developer Christopher Homes of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action and 5 Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder Sincerely L�� ow-4d6cly— Connie Brockway CIVIC City Clerk CB lh g Hollowup/tract/ acccfr PU'Quomf Nact*not (Telephone 714-536-5227) ATTACHMENT 1 ELLIS PROJECT SITE 1 AVE G ERNE_ST AVE Cl'Y BOUNDARY GARFICL0 AVE LLA LN t o CLAY AVE PAL. VE VICINITY MAP NTS EXHBIT 1 AREA MAP TRACT 16278 CITY OF HUNTNGTON BEACH 1/,3-6-10/EXN1Birs INDEX 12/23/98 ATTACHMENT 2 OW N0 356 2g3 00 — A sir PREMIUM r GUARAME AND WARPA tnr BOND WHEWS,PLC, General Partnership ,00 epftpd end American Motorists Insurance Company .a ,corpOrailm*Wb td undet the irm of m sm or Illinois IM duty eutho*W b do twekM 111010 Stets of Ca*MW,as SW*,NO held end fmiy bound unto the sty of Hundnol n Beech,MOM.as Obligee,b the penal sum of One Hundred One Thousand Five Hundred Fifty and no/100ths tBpreae4gj0pertwo(theoonfra PdM ($101,550 00) wig.-4 40 bi riww.ft M44 wd Cb%e: LA WW Mywd VM and b*b be made we do bind outeetws,and aaoh of our heks,Oeartors admtnlett bM,SOMMM end mdgM Jointly and sevw*. WNSEAB fhe said prtndpel wihmd Into a contact vft said Oldl^doted,,,,_- 19--. for wo*des *w e6 foli w %AV,% /-57'7Zg' WHIERMs said mntraot provides that the Pdnctpel WO U*h a bond WK1100ne4 b guwarfte and warrant for the period of one year Offer aornpletron of the work and amptaoce#wxi by the Obligee,adelrnt a1 del 0In wwWAnshrp and matWos duft said one per period WHEREAB,sera work has bw completed,and acptod by OHM an NOW,TWEFOK Ow Principe!and Suroty Jointly end severely ehaJa bxdamrd ft obipe for aft lose drat ire obigas may sug*by reason of any dete ft maUdela ar WrkmenshO WO become apparent during N period of one year from and efrer dery of=Oeoan of work wYt I aaeplance ffre►sof by l)b�eo In vdtnewe whereot this In WMI nds been duty exeartad by tba prlr Od and wmty show named or1^ 10/13/0 0 .� PLC, General Partnershi aepodpg 5-f p LV t�w1G t By 1 kU�1.+ TB *KeAaoD ri In rance Company Ali t , Conrad, Attorpey-in-Fact Attorney IVEMPER Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Ilinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company )do hereby appoint KeAna D Conrad of Los Angeles Califomia their true and lawful agent(s)and attorney(s)-in fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as their act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1 000 000 00)" ' " ` """""""""' ' """ """ MifM�►�f��� EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit. This authority does not pernut the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect 'VOTED That the Chairman of the Board the President, or any Vice President, or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attomey is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 'VOTED That the signature of the Chairman of the Board the President,any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this July 7 2000 Attested and Certified Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company c* SEA. co.raAno. �r o� Iry Robert P Haines Secretary by J S Kemper III Exec Vice President . '�•y�C� 4 "T l3w'4L7Q' ' SiS State of California County of Los Angeles On , i 3 C Clarkson Notary Public NAME TI'FLh OF OFFICER personally appeared KeAna D Conrad NAME OF SIGNER ®Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same m 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 ••eo•oe.se00000•m000e•e•oe•a•oseoe• executed the instrument • .-- C CLARKSON • c w� COMM #1154439 R WITN y hand and official seal S ��� -I t OTARY PUBLIC CrLII 01 NIA S 2 LOS ANGE1 ES COUNTY 2 NY Comm Expires Sept 5 euOl 0 oee••••o•eos•000•••d•ooboa•eeo•s•o••e � (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 TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) Fj GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMhN I SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE American Manufacturers Mutual Insurance Company Lumbermen Mutual Casualty Company Lou Jones & Associates ATTACHMENT 3 CITY OF HUNTINGTON BEACH I-ok-Ij 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 20 2001 Gary L Granville County Clerk-Recorder P 0 Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract 15728 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 C�� aa� Connie Brockway CIVIC City Clerk Enclosures Tract No 15728—Chnstopher Homes—s/e corner of Edwards St &Garfield Ave g/followup/tract/acceptpublicimp-recorder doc (Telephone 714-536 5227) Recording requested by and when recorded rctw n to Connie Brockway City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190-2000 Main Street Huntington Beach Ca 92648 (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 2-).) 22) PLEASE TAKE NOTICE THAT on June 19 2001 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 SubdiWS1011 Oi chnance Section 255 22(A) the nnpro\ements for public use Further the public improvements foi the subdivision(s) halve been dedicated to the City of Huntington Beach as described on Final Map No 15728 Public improvements c.onstiucted consist of the domestic xNatei sNstem and appuitenances within both the private streets the pubic park along Summit Diive and the pedestiian paseo on the east side of the tract betvNeen Summit Diive and Garfield Avenue The Foregoing instrument is the Cit) Clerk s Oi iginal Document Reflecting City Council Action Taken at 01- l6 - of City Council Meeting Submitted foi Recordation b� the Dangle Count) Recorder Attest 0'7- 4A 20 of r1 I City Cleik and E\ officio Cleik of t CI o nc Of the City of Huntington Beach California B) eput) his document is solely for the f;icial business of the City f Huntington Beach as contem- tated under Government Cade CITY OF ITINGTVV BEACH ec 6103 and should be recorded ee of charge _ y City ngineer CI G _ E_ c:,1 by Ci , Attoinev By G\Eng\E1hott\Bonds\Tract acceptance form RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 15728 and Accept the Public Improvements COUNCIL MEETING DATE July 16, 2001 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 Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM (Below Spadei For City Clerk's'Use.Only) ' RCA Author T Elliott .I� l� �9 &0zken- PlnnninG Council/Agency Meeting Held 5-9 g Deferred/Continued to P-Ap roved ❑ Conditionally Approved ❑ Denied City Clerk s Sigdafure Council Meeting Date April 5 1999 Department ID Number CD 99 17 CITY OF HUNTINGTON BEACH _ _ REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS rj C-::qrr7 ;ram SUBMITTED BY RAY SILVER City Administrator slip/ s PREPARED BY HOWARD ZELEFSKY Planning Director Z SUBJECT APPROVE FINAL TRACT MAP NO 15728 OF TENTATIVE TRACT MAP NO 15728, WITH BONDS AND AGREEMENTS (GREENBRIAR) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachments) Statement of Issue Final Tract Map No 15728 located on the southeast corner of Garfield Avenue and Peninsula Lane is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map No 15728 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 PLC 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 15728 and reject the offer of dedication improvements and bonds " REQUEST FOR COUNCIL ACTION MEETING DATE April 5, 1999 DEPARTMENT ID NUMBER CD 99-17 Analysis A PROJECT PROPOSAL SUBDIVIDER PLC Land Company 23 Corporate Plaza Drive Suite 250 Newport Beach CA 92660 ENGINEER MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92614 LOCATION Southeast corner of Garfield Avenue and Peninsula Lane ZONE HSSP-RL3 (Holly-Seacliff Specific Plan — Low Density Residential) GENERAL PLAN RL (Residential Low Density) NO OF ACRES 19 6 acre NO OF NUMBERED LOTS 72 NO OF LETTERED LOTS 20 NO OF UNITS 70 detached single family residential units DATE OF COMPLETE APPLICATION March 24 1999 MANDATORY PROCESSING DATE April 19 1999 DISCUSSION On November 24 1998 the Planning Commission approved Tentative Tract Map No 15728 and Conditional Use Permit No 98-52 to subdivide 19 6 acres for future development 70 detached single family residential units Final Tract Map No 15728 represents the only phase of the project The subdivider will satisfy the Park and Recreation requirement of 1 2 acres for the project through parkland dedication of 1 7 acres (lot 72) located entirely within an unbuildable earthquake fault zone The applicant intends to meet the affordable housing requirement for this project in the Seagate area of the Holly-Seacliff where they have 226 affordable units approved (Cape Ann and Promenade) CD99 17 2 03/18/99 3 22 PM REQUEST FOR COUNCIL ACTION MEETING DATE April 5, 1999 DEPARTMENT ID NUMBER CD 99-17 The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with amended and approved by the Planning Commission Environmental Status This action to accept Final Tract Map No 15728 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b) Attachment(s) City Clerk's Page Number 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15728 with site plan 4 Tentative Tract Map No 15728 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance CD99 17 3 03/18/99 3 14 PM 0 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 13 1999 First American Title Insurance Company 114 E 5th Street Santa Ana California 92702 Attention Karen Roberts- Sk-3a-�1 Regarding Final Tract Map No 15728 - PLC Land Company This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Bruce Crosby Department of Public Works P O Box 190 Huntington Beach CA 92648 Sincerely e67���a-w� Connie Brockway CIVIC City Clerk CB jc Enclosure Received by Dated c (Telephone 714 536 5227) i. 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 CITI COUNCIL/ REDEVELOPMENT AGENCY OF THE CID OF HUNTINi GTON BEACH DATE IAAV L /,�/ /V9 TO 104e 1 Za—xv( (,0 ATTENTION ,F//M"J/67?eZ Yf Name �� olq� ( aYt�DYQ,��/��2ZA-�Y jL�y� DEPARTMENT Street �le REGARDING uty-stav Zip See Attached Action Agenda Item E/6 Date of Approval Enclosed For I our Records Is An Etiecuted Copy Of The Above Referenced Agenda Item Remarks 12, Connie Brock,. a} City Clerk Attachments Action Agenda Page Agreement Bonds Insurance RCA Deed Other cc Ze%,--sx Name Department RCA, Aeree nt Insurance Other , Nar 01 Deppment RCA A-reement Insurance Oth�p 0✓2 .2_ Y�QS Uwe/� �L.JDYi,vs Name Department RCA Ajeement Insurance Other Nanj� // Department RCA Aereement Ins urap a Other �GOZ� ✓/ Risk Nianaoement Dept Insurance Received by Name Company Name - Date G FolloNtiup/co%erltr (Telephone 714 536 5227) (11) 04/05/99 - Council/Agency Agenda Page 11 E 8 (City Council) Approve the Release of an Irrevocable Standby Letter of Credit for Boeing Realty Corporation, Formerly McDonnell Douglas Realty Company, and Accept the Public Improvements — Parcel Map #95 186 — n/s Bolsa Avenue w/Springdale Street (420 70) — 1 Accept the improvements constructed and dedicated for public use with Parcel Map No 95 186 2 Release Irrevocable Standby Letter of Credit No 3003915 pursuant to California Government Code Section No 66499 7(b) 3 Accept Maintenance Bond No 8155 59 10 (Federal Insurance Company) the security furnished for guarantee and warranty of improvements and instruct the City Clerk to file the bond with the City Treasurer 4 Instruct the City Clerk to notify the developer Boeing Realty Corporation formerly McDonnell Douglas Realty Company of this action and the City Treasurer to notify the bank Bank of America of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Submitted by the Public Works Director [Approved 7-0] E 9 (City Council) Approve Amendment No 1 to City/County Agreement D97 112 (Formerly D97 004)—Trinidad Island Bridge Retrofit Project (600 25) —Approve Amendment No 1 to City/County Agreement D97 112 (formerly D97-004) allowing a time extension for the Trinidad Island Bridge Retrofit project and authorize the Mayor and City Clerk to execute same Submitted by the Public Works Director [Approved 7-0] E 10 (City Council) Approve Final Tract Map No 15728 Of Tentative Tract Map No 15728 — With Bonds and Agreements — (Greenbriar)— PLC Land Company — Holly Seacliff— Southeast Corner of Garfield Avenue and Peninsula Lane (420 60) —Approve Final Tract Map No 15728 and accept the offer of dedication and improvements and approve and authorize execution of the Subdivision Agreement pursuant to findings and requirements (Attachment No 1 to the Request for Council Action dated 4/5/99) as follows Findings 1 Final Tract Map No 15728 is in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15728 conditions of approval as approved by the Planning Commission Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer a Faithful Performance Bond No 3SM95622300 b Labor and Material Bond No 3SM95622300 Monument Bond No 3SM95622200 (American Motorists Insurance Company) 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 and a Payment of Park and Recreation In Lieu Fees Submitted by the Planning Director [Approved 7-0] ® ~ A C"H' M.I'*, m In" ,a ~ A »` _ { ~ — , � ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map No 15728 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15728 conditions of approval as approved by the Planning Commission Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer a Faithful Performance Bond No 3SM95622300 as presented in Attachment No 6 b Labor and Material Bond No 3SM95622300 as presented in Attachment No 6 c Monument Bond No 3SM95622200 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 77 e "t oil CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION / Z TO Janelle Case Deputy City Clerk ,, � FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15728 (Authorization to Record) DATE April 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 Co 23 Corporate Plaza #250 Newport Beach CA 92660 TITLE OFFICER Karen Robertson ORDER NO OR-9826003 PHONE NO (714) 550-7195 ®ruce� P C osby 34474 Tr 15728 Author to record (�v _ a NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION I.ak with FOR RELEASE FOR RECORDING TO CITY CLERK DATE FROM Howard Zelefsky TRACT NO 107ZS C B04409� PARCEL MAP NO �+ P�.iZ.4 tevi e4a-~ic*4 PARK AND RECRE 4TION FEES P 4ID RfYES $ ❑ \TO w fil-3 OTHER t4 pa "t -p4t,�Gw• w •f {4ri�11 �NNV—�' U for Howard Zelefsky Planning,Director « - *_ a ©+ -,^ % % ACHM f r - B cam , c 4k) .ox-cm ` — t �.u:z%m4 �.42L PROJECTAV II �W I II I I I 'gyp �c 11.111 , Z I!111 r I � G H Zp LZ.I r�w......�..-�...� a SL1I�L�tIT DR I r ' f t 1� �! TTM NO 15728/CUP NO 98-52 ? (GREENBRIAR) Y NU►rrwcror,MACH HL14TINGTON BEACH M-A.WCYG D(ValoN 1 a,�a= » _ ` �• <� � � � � , * � > : w ` ` + ~ : ® � EDWA DS TRACT W92 SCHDDL SITE SADDLEBACK STRE T LAND GENERAL INFORMATION GARFIELD AVENUE b � /„ / y / y ! _ _—__ M �w n• +1 .wn �v._ er:�u�a.lu �G� r... w LEBACK Z SS 51 SS 36 37 Se S9 60 61 63 6] 61 63 66 67 6e 69 70 Jy LOT r o 0 0 0 0 0 o O o O o 0 0 0 © o 0 o ANE „a 9PEN-Sp CE e�v tmo Am ion v w w ,�w rs m y m y ae v mn n0 y V vn v no v (PUBL STRCET) w r 9 •• I 51 1 ,� TRFET � E—ae.rw�m m w.w z , a.a _..—, ....... I a ap uN z 51 0 ' rA17Lr ZONE 21 Ogg a o 11 Is Q Q a SCTB CKCL IINCS mo v Dn fr 7 :1 1 C m.e.� LEGEND d O d O OPEN P CE 3 12 10 Oj O IS 12 0 O 2 { _ 50 o y e 9 i5 14 8 ) g I� FRAC J ti 19 O ga '19 0� )IO 16 11 0 0 :7 g 3 4 ao a 77 ze 29 30 ]1 31 i 1 c Ie o a 0 0 0 I © O O ® \L I—_� n 10 0 1 —}— B um v Emo no v Lne V Imo v v!o v m RCCRE TION A a U 17 05 0,e 9 0: © SA o A � w b O H ,REf7 O� O fJle fr ne v f.fm v v v .m v ae v fin v n v fmf v f.m V PUBL PARK O 7 { w1°m rev A"�"� ID 0 0 0 0 0 0 0 0 0 0 0 0 O lOT {6 IS 1/ I3 13 11 10 39 3e 37 36 35 3 k f G I o ,6 ) m r m.� � LECAL DESCRIPTION n —" INCORPORATION BY REFERENCE FRACT 15088 0 `F1` vol (btu \ LAND USE SUMMARY R Z Z FRACT 14700 e� L013 Iee9J0C ecete9[ a a �Q 4 m n I - I I _ rl �OP.(�4• �� o pCroe�e 0V'� �' \ wiin�K 4 C., }t4. t REVISED.10/29/199B 4�YNEB DEVELOPEJ_ Rif16a1�J �tIQi i ) j I� �mmar�r TENTATIVE TRACT N0. 15728 a RAN"um 3 GREENBRIAR l- _ _�9TIme0 CONSTRUCTION NOTES. PLANNING UNIT III—3 a) =-- o � � o TENTATIVE MAP 0 - r =R TENTATIVE TRACT NO 15728 CITY OF HUNTINGTON BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA �-T— =t;F'�'_:: �'�;i'X.y`iu. ��'�.y'���G;i'.� .YEN (" y�T--'�.•y�.�K�:`'�u�1�A3��� :y. �•���'F a "�; - �%�;Y:r+;'»4::�s�,..ropa.tlr - 1 �� ■i l O ■ �I- -tea 11 r-d 1,4,awl I I M I Mi a .� p Illy I� yf�,,•V€i�����,� �i a ��I=���J f ATTA • .IJ � Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92648 November 30, 1998 Bill Holman PLC Land Company 23 Corporate Plaza Drive, Suite 250 Newport Beach, CA 92660 SUBJECT TENTATIVE TRACT MAP NO 15728/CONDITIONAL USE PERMIT NO 98-52 (Greenbriar) PROPERTY OWNER PLC Land Company,23 Corporate Plaza Drive, Suite 250,Newport Beach, CA 92660 REQUEST To permit the subdivision of approximately 19 6 gross acres into 72 numbered lots and 20 lettered lots for purposes of developing 70 detached single family residential units The conditional use permit also includes requests for (a) gated access, (b) an eight(8) foot high perimeter wall along Garfield Avenue, and (c) to allow a retaining wall higher than two (2) feet along the exterior side yard of lots 13, 14, and 21 LOCATION Southeast comer of Garfield Avenue and Peninsula Lane DATE OF ACTION November 24, 1998 Your application was acted upon by the Planning Commission of the City of Huntington Beach on November 24, 1998, and your request was Conditionally Approved Attached to this letter are the Findings and Conditions of Approval for this application Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements t (98CL1124-1) 1 1 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal, it shall also be accompanied by a filing fee The appeal fee is $500 00 for a single family dwelling property owner appealing the decision on his/her own property The appeal fee is $1,490 00 for all other appeals In your case, the last day for filing an appeal and paying the filing fee is December 41 1998 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1)year after final approval,unless actual construction has started If there are any further questions,please contact Ricky Ramos, Assistant Planner at (714) 536-5271 Sincerely, Howard Zelefsky, Secretary Planning Commission by Scott Hess,AICP Senior Planner xc Property Owner Attachment Findings and Conditions of Approval (98CL1124-2) I FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 15728/ CONDITIONAL USE PERMIT NO 98-52 (Greenbriar) FINDINGS FOR APPROVAL- TENTATIVE MAP NO 15728 1 Tentative Tract Map No 15728 for the subdivision of 19 6 gross acres for the purpose of a 70-unit residential subdivision and creation of a public park and pedestrian paseo is consistent with the General Plan Land Use Element designation of Residential Low Density on the subject property and any applicable specific plan, and other applicable provisions of this Code Single family developments and parks are permitted uses 2 The site is physically suitable for the type and density of development at 3 6 units per gross acre The site was previously studied for greater intensity of land use(five units per acre) at the time the General Plan land use designation and the Holly-Seacliff Specific Plan zoning were adopted for the property The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan 3 The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably mjure fish or wildlife or their habitat The project site was previously evaluated in Environmental Impact Report No 89-1 and will comply with appropriate mitigation measures 4 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements, for access or for use,will be provided The subdivision will provide all necessary easements and will not affect any existing easements The City currently has utility easements between Garfield and Summit which will be preserved in the public paseo FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 98-52 1 Conditional Use Permit No 98-52 for the establishment, maintenance and operation of the 70 single family homes, gated access, eight(8) foot high perimeter wall along Garfield m lieu of a maximum of six(6) feet, and retaining walls over two (2) feet in height(up to three feet) for lots 13, 14, and 21 will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because a. The project is consistent with the character of the development in the area. b The gated access will enhance the image of the development without compromising safety c The project properly adapts to the contours of the site and surrounding area (98CL1124-3) d The eight(8) foot high wall will provide noise attenuation and avoid incompatible future extensions of the wall Its appearance will be softened by 15 feet of perimeter landscaping adjacent to it Exterior side yard wall/retaining wall combinations will be screened by adequate landscaped setbacks 2 The conditional use pernut will be compatible with surrounding uses because it is an extension of residential use which predominates the area The project is surrounded on three sides by streets and a paseo on the east side and will not be directly adjacent to another development Gated access is found in other developments in the area The project elevation and topography properly adapts to the surrounding area 3 The proposed project will comply with the provisions of the base district and other applicable provisions of the Huntington Beach Ordinance Code and any specific condition required for the proposed use in the district in which it would be located The development complies with minimum development standards The proposed gates will comply with Fine Department requirements The perimeter and retaining walls are allowed subject to approval of a conditional use permit 4 The granting of the conditional use permit will not adversely affect the General Plan It is consistent with the Land Use Element designation of Residential Low Density on the subject property In addition, it is consistent with the following goals and policies of the General Plan A LU 9 12—Require that single family residential units be designed to convey a high level of quality and character considering the following guidelines a Modulate and articulate building elevation, facades and masses (avoiding undifferentiated"box-like"structures b Encourage innovative and creative design concepts B LU 9 3 2—Require that the design of new residential subdivisions consider the following a Establish a street configuration involving the interconnection of individual streets that emphasize a pattern of"blocks"rather than cul-de-sacs b Integrate public squares,mini-parks, or other landscaped elements c Orient housing to neighborhood and collector streets d Consider reduced street widths to achieve a more "intimate"relationship between structures,to the extent feasible and in accordance with Huntington Beach Fire Department regulations e Consider an increase in front yard setbacks, sidewalk widths, and the inclusion of landscaped parkways, especially in neighborhoods where the street width is reduced CONDITIONS OF APPROVAL-TENTATIVE MAP NO 15728 f' The tentative map received and dated November 2, 1998 shall be the approved layout (98CLI 124-4) l � 2 Prior to submittal of the final map for approval by the City Council,the following shall be required 1 a At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney The - CC&Rs shall reflect the maintenance of all walls and common areas including private streets and landscape areas by the Homeowners'Association It shall also include the location of the earthquake fault setback lines as well as water quality BMP and education information The CC&Rs must be in recordable form prior to recordation of the map b The project shall comply with the Affordable Housing Plan for the Holly-Seacliff area Final inspection (certificate of occupancy) shall not be approved for residential ' units in the project if the affordable housing requirements for the Holly-Seacliff area are not met at the tune that final inspection is requested 1 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a All vehicular access rights to Garfield Avenue, Summit Drive, Saddleback Lane and Peninsula Lane shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission b Hydrology and hydraulic studies shall be submitted for Public Works review and approval The developer shall design and construct drainage improvements as required by the Department of Public Works to mitigate impact of increase run off due to development or deficient downstream systems c The sewer and storm drain systems located within the private streets shall be private and maintained by the Homeowners Association d The public park site and the pedestrian paseo shall be dedicated to the City of Huntington Beach in"Fee Title" on the final map e All street and sidewalk widths shall be as shown on the approved Tentative tract map f The following shall be dedicated to the City of Huntington Beach on the final map 1 An easement over the private streets for Police and Fire Department access purposes 2 A 2 00 foot public utility easement as shown on said map 3 The water system and appurtenances as shown on the improvement plans 4 Access rights in, over, across, upon and through the private streets for the purpose of maintaining servicing, cleaning,repairing, and replacing the water system (98CL1124-5) g The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 h The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 1 All improvement securities (Faithful Performance, Labor and Material, and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney j A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney k A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach"CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works 4 The development shall comply with all applicable mitigation measures in Environmental Impact Report No 89-1 5 The Planning Director ensures that all conditions of approval herein are complied with The Planning Director shall be notified in writing if any changes to the tract map are proposed as a result of the plan check process The tract map shall not be recorded until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein If the proposed changes are of a substantial nature, an amendment of the original entitlement reviewed by the Planning Commission may be required pursuant to the HBOC INFORMATION ON SPECIFIC CODE REOUMEMENTS-TENTATIVE MAP NO 15728 1 All applicable Public Works fees shall be paid prior to map recordation (PW) _ 2 Park and Recreation dedication shall be met or accrued credits assigned, prior to �?r� acceptance of the final map by City Council E> �� 1 -7 -- 3 Tentative Tract Map No 15728 and Conditional Use Permit No 98-52 shall not become effective until the ten day appeal period has elapsed 4 Tentative Map No 15728 and Conditional Use Permit No 98-52 shall become null and void unless exercised within two (2)years of the date of final approval An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date (98CL1124-6) 5 The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 98-52- 1 The site plan and fence plan received and dated November 2, 1998, and floor plans and elevations received and dated July 1, 1998 shall be the conceptually approved layout with the following modifications a The wrought iron fence along the park shall include self-closing and locking pedestrian gates (PD) b All exterior side yard walls shall be setback a minimum of three feet(lots 8, 13, 14, 18, 21, 26, and 27) c Delete the lattice patio cover on Plan 1XA or comply with setbacks d All wing walls or fences equal in height to the first floor double plate, but not exceeding rune (9) feet,which are perpendicular to and entirely within a side yard may be constructed to the interior side property line and to within five (5) feet of the exterior side property line provided they are equipped with a three (3) foot gate or accessway Wmg walls or fences that exceed this height limit shall meet setbacks e The Plan 3 substandard third car garage tandem parking space shall be labeled as storage space f Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public rights-of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) g 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 building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks 2 Prior to submittal for building permits,the following shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No 429 (FD) (98CL 1124-7) r c 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 d All Fire Department requirements shall be noted on the building plans as follows (FD) 1) Fire extinguishers will be installed and located in areas to comply with the HBFC standards (clubhouses, community buildings) 2) Fire hydrants must be installed before combustible construction begins Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department This project requires nine(9) hydrants (City Specification 407) 3) Fire lanes shall be designated and posted to comply with City Specification 415 4) Security gates shall be designed to comply with City Specification 403 ' 5) Address numbers shall be installed to comply with City Specification 428 6) Street names must be approved by the Fire Department prior to use per City Specification 409 7) Fire road access shall be provided in compliance with City Specification 401 Include the circulation plan and dimensions of all access roads 8) Exit signs and path markings shall be provided in compliance with the HBFC and the California Administrative Code, Title 24 (clubhouses, community buildings) 9) The project shall comply with all provisions of the HBFC and City Specification 422 (Well Abandonment) 10)The project shall comply with all provisions of the HBMC Section 17 04 085 and City Specification 429, Methane District Building Permit Requirements 11)Road width at 32 feet, will have parking on one side only marked and signed appropriately 12)Flag Lots No 45 and 46 shall be provided with automatic fire sprinklers 13)Community buildings shall be reviewed by the Fire Department e Residential type structures on the subject property,whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that he within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis report and plans,prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building pernut(s) This requirement pertains to lot nos 1-3, 11-16, 19-26,49-70 (Code Requirement) f An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits (Code Requirement) g Floor plans shall depict natural gas and/or 220V electrical shall be stubbed in at the location of clothes dryers,natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units (98CL 1124-8) I 3 Prior to issuance of grading permits, the following shall be completed a A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval This plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation work Final grades and elevations on the grading plan shall not vary by more than one foot from the grades and elevations on the approved Tentative map unless approved by the City Engineer (PW) b A detailed soils analysis shall be prepared by a registered Soils Engineer This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, liquefaction, foundations, retaining walls, streets, pavement sections, utilities, and chemical and fill properties (PW) c In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer Water quality BMP and education information shall be included in the CC&Rs All catch basins shall be grated (PW) d Blockwall/fencing plans shall be submitted to and approved by the Planning and Building and Safety Departments The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage 4 Prior to issuance of building permits,the following shall be completed a Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department b A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning The landscape plan for the paseo area shall be reviewed in conjunction with the Police Department 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 plant materials to remain, existing plant materials to be removed and proposed plant materials, an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval The landscape plans shall be in conformance with the Holly-Seachff Specific Plan and applicable Design Guidelines Any existing mature trees that must be removed shall be replaced at a two to one ratio (2 1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan (Pw) (Code Requirement) c The Final Map shall be accepted by the City Council,recorded with the Orange County Recorder and a copy filed with the Planning Department (Code Requirement) d A landscape and lmgation plan for the public park,prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park,Tree, and Landscape Division The Police Department and Community Services Department shall be included in the review of the plans (PW) (98CL1124-9) e The developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a truck and construction vehicle routing plan This plan shall specify the hours in which transport activities can occur and methods to mm n„ze construction related impacts to adjacent residents This plan must be approved by the Department of Public Works (PW ) f The developer shall submit a parking plan for review and approval (PW ) g Submit gated entryway (access control devices)plans to the Planning Department The gated entryway shall comply with Fire Department Standard No 403 Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning, Building,Fire and Public Works Departments 5 bunng construction, the applicant shall a Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site, b Wet down areas in the late morning and after work is completed for the day, c Use low sulfur fuel ( 05%)by weight for construction equipment, d Attempt to phase and schedule construction activities to avoid high ozone days(first stage smog alerts), e Discontinue construction during second stage smog alerts 6 Pnor to final building permit inspection and approval of the first unit(occupancy),the following shall be completed (PWI) a. Each proposed dwelling unit shall have a separate domestic meter(touch and read type) and service lateral, sized to meet the nun mum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC) The domestic water service lateral size shall be a minimum of one(1)inch b The developer shall construct a separate irrigation system(i a service, meter, and backflow protection device)to serve reclaimed water to the perimeter landscaping along Garfield Avenue and to the park area. c Separate backflow protection shall be installed for domestic water services in areas served by reclaimed water(n a park area) and buildings over two stones in height d The developer shall construct a reclaimed water pipeline in the pedestrian paseo to serve the proposed parks e All existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance In addition, all electrical transformers shall be installed underground (98CL1124-10) f Installation of all public park facilities shall be completed and approved prior to occupancy and release of the first unit g The developer shall construct a wrought iron(open visibly) fence as the perimeter theme wall along Garfield Avenue between the entry monument(east side at Peninsula Lane) and the westerly property boundary of lot 53 (a total of 290 feet) h The applicant shall provide for the installation for street lights along Garfield Avenue and within all the internal streets per City of Huntington Beach guidelines i The applicant shall prepare traffic signing and striping plans for the entrances into the subdivision j' The applicant shall provide a pullout for six(6)parking spaces for the public park along the north side of Summit Drive adjacent to the public park in the tract subject to the approval of the Public Works Department k Streets within the subdivision with parking on one side shall have the opposite side curb painted red and/or have no parking/fire lane signs posted l Adequate lighting shall be provided along the pedestrian paseo with recommended two 12 foot poles midway m The developer shall construct full street improvements along Summit Drive, Peninsula Lane, and Garfield Avenue n Parking shall not be allowed on Street"G" o All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein p Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department q All building spoils, such as unusable lumber,wire,pipe,and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them 7 The use shall comply with the following a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked (FD) b Service roads and fire access lanes shall be maintained If fire lane violations occur and the services of the Fire Department are required,the applicant will be liable for expenses incurred (FD) A (98CL1124-11) r � 8 All conditions of Tentative Tract Map No 15728 shall be complied with 9 The Police and Public Works Department shall conduct a crossing guard study at the intersection of the paseo and Summit Drive after completion of the park and once the Seacllff Elementary School is in operation 10 The development shall comply with all applicable mitigation measures of Environmental Impact Report No 89-1 11 The Planning Director ensures that all conditions of approval herein are complied with The Planning Director shall be notified m writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein It 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 HBOC INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Conditional Use Permit No 98-52 shall not become effective until the ten day appeal period has elapsed 2 Conditional Use Permit No 98-52 shall become null and void unless exercised within two (2)years of the date of final approval or such extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date 3 The Planning Commission reserves the right to revoke Conditional Use Permit No 98-52, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs 4 All applicable Public Works fees shall be paid (PW ) 5 Traffic Impact Fees shall be paid at the time of final inspection (PW) 6 An encroachment permit shall be required for all work within the nght-of-way (PW ) 7 State-mandated school impact fees,or such fees as have been agreed to by the applicant and the school districts, shall be paid prior to issuance of building permits 8 The development shall comply with all applicable provisions of the Municipal Code, Building and Safety Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein 9 Construction shall be limited to Monday- Saturday 7 00 AM to 8 00 PM Construction shall be prohibited Sundays and Federal holidays 10 The applicant shall submit a check in the amount of$38 00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action (98CL1124-12) �r � SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 15728 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 2 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 8 13 Record Map 8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 15728 ..5-1 mo This Agreement ( 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 PLC, a California general partnership, hereinafter referred to as ' SUBDIVIDER " RECITALS WHEREAS SUBDIVIDER is the owner of a tract of land in CITY which it is seeking to subdivide into lots and to dedicate certain streets alleys and other improvements therein to public use and is about to file with CITY a map of the tract of land known as Tract No 15728, 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 California Governnient Code of the State of California and Chapter 225 of CITY's Zoning and Subdivision Ordinance 1 g/jmf/99agrce/tr 15728 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, perform and pay for 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 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 2 g/jmf/99agree/tr 1z,728 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants replacing unsuitable plants performing 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 the date of City Council acceptance of the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one (1) 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/jmf/99agree/tr 1�728 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statement(s) by any officer agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed, nor shall CITY thereby be stopped from 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 CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement SUBDIVIDER shall, pursuant to California Government Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance provide as security to City A Faithful Performance For performance security in the amount of one million fifteen thousand five hundred dollars ($1 015 500) which is one hundred percent (100%) of 4 g/jmt/99agree/tr 15728 the estimated cost of the work Such additional security is presented in the form of C sh certified check or cashier s check Acceptable corporate surety bond, or Acceptable irrevocable letter of credit With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or matenals or any unsatisfactory performance B For Labor and Matenal Security in the amount of five hundred seven thousand seven hundred fifty dollars ($507,750) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of Cash certified check or cashier s check, / Acceptable corporate surety bond, or Acceptable irrevocable letter of credit With this secunty, SUBDIVIDER guarantees payment to the contractor to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER SUBDIVIDER may, dunng the tern of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect 5 g/jmf/99agree/tr 15728 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 arse 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 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 arising out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single In-nit 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 6 g/1m1/99agreehi 15729 must be no less than $1 000 000 for this project Said policy shall name City of Huntington Beach its agents, officers, employees and volunteers as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary Under no circumstances shall said above-mentioned 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 SUBDIVIDER shall pay, in a prompt and timely manner the premiums on all insurance hereinabove required 7 g/jmt/99agree/tr 15728 r PLC, a California general partnership CITY OF HUNTINGTON BEACH, a municipal corporation of the State of By PLC HOLDINGS a California general California partnership, Its General Partner7VI-L By PACLACO, INC , a California ayor corporation Its General Partner ATTEST By Lam' r City Clerk 8 _ Name 6gA yAoA Jbt,17 APPROVED AS TO FORM Title VICE. et��'I?I mr F By— L L'14 X- i `w¢ City Attorney Name _0-VP`7W�9- �- �f �_'-?`! Title INITIATED AND APPROVED2� ( By T/L HUNTINGTON BEACH LIMITED n �' LIABILITY COMPANY a Delaware limited liability company erector of Pubhc Works Its General partner REVIEWED AND APPROVED By BRAMALEA CALIFORNIA LLC, a California limited liability company City Administrator By LENNAR HOMES OF CALIFORNIA, INC ax.age Ca is corporation, Its r B Name Ernt le k M,-Nj aj Title L�L P e , + By nlo&m Name D Title L /':LAOJ, e_ 6 �/ 460 � 9 Title g/jmt/99agree/tr 15728 *AA E-N T 6 ATT -CHM I have received Labor and Material Bond No 3SM 956 223 00 Faithful Performance Bond NO 3SM 956 223 00 Monument Bond No 3SM 956 222 00 American Motorists Insurance company Re PLC General Partnership Tract 15728 approved 4/5/99 E 10 Dated c By 9 BOND NO 3SM 956 223 oo PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS the City Council of the City of Huntington Beach, State of California and J!jLc General Partnership - (hereinafter designated as "Principal") have entered Into an agreement whereby principal agrees to install and complete designated public improvements which said agreement dated 19 99 and identified as project 15728 is hereby referred to and made a part hereof and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Seach and all contractors subcontractors,laborers materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Five Hundred Seven Thousand Seven Hundred Fif ty Only dollars ( 5517,,7 5Q-Qo _ ) for materials furnished or labor thereon of any land,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 attorneys 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 i The surety hereby stipulates and agrees that no charge,extension of time alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and It does hereby waive nonce of any change extension of Ume, alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof,this instrument has been duly executed by the principal and surety above named on March 17 19 99 PLC, General Partnership , as Principal Dy ay See attached signature block Americ Mo orists Insurance Comparwns Surety ay W 1 a J Shupper Sy Atto n y-in-Fact Labor Material Bond Bond No 3SM 956 223 00 PLC a California general partnership By PLC Holdings a California general partnership By PACLACO INC a California corporation general partner By Its v � 'v By Its SEGa.'V �►'t/ CALI,EO�tRIAALLm A RPO.S AO—KN4V�ILED_GIV�Ef�T _ T State of California County of Los Anqeles On before me C Clarkson, Notary Public, NAME TITLE OF OFFICER personally appeared William J Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument �emr+oonoace000cmaoodaetlEBdecctC6ea WITNESI my hand and official seal ® � C CL AuzKQON G roMm #11b4439 F 5 tl J ( 11 NOTARY°10Uf CALIr)r��llA 2 �� Lp,4Pl KLEq OUN r t 10mq wre �eot 5 2001 (SI NATURE OF NOTARY) r a�aa3�eoae+� OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR MAR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) — — — — American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE I rF.MFF.R Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Ilinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company)do hereby appoint William J Shupper of Los Angeles California— their true and lawful agent(s)and attorney(s)in fact to make execute seal and deliver dunng the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as their act and deed Any and all bonds and undertakings '""'*"""' EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authonty does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authonty as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this January 28 1993 Attested and Certified Lumbermens Mutual Casualty Company American Motonsts Insurance Company Amencan Manufacturers Mutual Insurance Company c+m ie,`yy r�Nact� O--:T i ! Yu ilAl ��n,a` �'''•r ��"' cam'' Robert P Haines Secretary by J S Kemper III Exec Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON bAka L W 19s `r BEFORE ME Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Graham Jones AND Chnstopner 0 Gibbs PERSONALLY KNOWN TO ME{ 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 WITNES 7HASIGNATU El, MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY Roberta M Kern MY COMMISSION EXPIRES �o ROBERTA M KERN COMM #1119189 NOTARY PURL C CALIFORNIA ORANGE COUNTY —' My Comm Expires De 6 2000 T 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 r / BOND NO 3SM 956 223 00 PREMIUM $8 124 00/TVo Year9 First Term Premium Fully Earned FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach State of California and PLC General Partnership (hereinafter designated as principal )have entered Into an agreement wlhereby principal agrees to install and complete designated public Improvements which said agreement,dated_ 19 99.and identified as project 15728 Is hereby referred to and made a part hereof and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor we the pnncipal and American Motorists Insurance Company as surety are held and firmly bound unto the City of Huntington Beach,hereinafter called City the penal SUM of One Million Fif teen Thousand Five Hundred Only dollars($ 1 015 500 00 lawful money of the United States for the payment of which sum well and truly to be inade we bind ourselves,our heirs successors executors and administrators jointly and severally firmly by these presents The condition of this obligation is such that if the above bounded principal his or its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenant condition and provisions in the said agreement and any alteration thereof made as therein provided on his or their part to be kept and performed at the time and in the manner thereln specified and in all respects according to their true intent and meaning and shall indemnify and save harmless'City" its officers agents and employees as therein stipulated then this obligation shall become null and void otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor there shall be included costs and reasonable expenses and fees including reasonable attorney s fees incurred by City in successfully enforcing such obligation all to be taxed as costs and included In any judgment rendered in any suit brought upon thls bond Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change extension of time alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligabon on this bond and it does hereby waive notice of any such change extension alteration or addition In witness whereof,this instrument has been fully executed by the principal and surety above named on March 17 , 19 99 PLC. GeneZg Partnership , as Principal By See attached signature block By American Motor sts Insurance Company as Surety By m J Shupper By A tey-in-Fact Faithful Performance Bond Bond No 3SM 956 223 00 PLC a California general partnership By PLC Holdings a California general partnership By PACLACO INC a California corporation general partner B Its By (LI'g U... Its 17ELJZ6'AQ-1, CALIFO_RNIA ALL-PIjjE00_A KNOWLEDC E�1T_ _w State of California County of Los Angeles On `,���� before me C Clarkson, Notary Public, ti NAME TITLE OF OFFICER personally appeared William J Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon �cucccccacccc�ccucecoeecoeoc�n�e000® behalf of which the person(s) acted executed the C CLr,RICSON G instrument 'U'aMMi -&1154439 R OTARY p JrL" CAL' ORNIA S "'r` `n, J001 WITNESS my hand and official seal 1-h 6Aa� (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 Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) -- --- — —— American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE KI'MFOR Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the Lumbermens Mutual Casualty Company the Amencan Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Ilinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company)do hereby appoint William J Shupper of Los Angeles California' their true and lawful agent(s)and attomey(s)In fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as their act and deed Any and all bonds and undertakings """""""*` EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as If the same had been duly executed and acknowledged by their regularty elected officers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed seated and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 "VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this January 28 1993 Attested and Certified Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company iL o ■ co s�A� T10� 3 a Imp �` y �Y �fll6N'A Robert P Haines Secretary by J S Kemper III Exec Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON I-f I S" � , BEFORE ME Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED i,raham Jones AND Christopher G Gibbs PERSONALLY KNOWN TO ME( 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 SIGNATURE � ��� MY P INCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN _ COUNTY Roberta M Kern MY COMMISSION EXPIRES I� E -,ten ROBERTA M KE N COMM #1119189 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY 1 My Comm Expires Dec 6 2000 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 BONE) NO 3SM 956 222 00 PREMIUM $1 0 00/Two Years First Term Premium Fully Earned MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT PLC General Partnership as SubdnAder of Tract No 15728 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 surveyor's certificate staling that all final monuments will be set In the positions Indicated on or before the date specified in said certificate That said PLC, General Partnership (Subdivider) as pnncipal,and American Motorists Insurance Company as surety hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments wrthin 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 Twenty Thousand and No/100ths $ 20 000 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 17 th day of March , �9 99 r 1 PLC General Partnership as Principal ^J By see attached signature block Ict By 1 Ame ca Motorists Insurance Company as Surety By filiam J Shupper�-in-Fact Monument Bond Bond No 3SM 956 222 00 PLC a California general partnership By PLC Holdings a California general partnership By PACLACO INC a California corporation general partner B By Its _fkNf QAI IFMNJA- ALL-f�,UjtP=AgL<t4.Q .LEDGMENT_ - _ _ _ ,, I State of California County of Los Angeles On rr(% before me C Clarkson, Notary Public, NAME TITLE OF OFFICER personally appeared William J Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon �000e00000coaonnAorr�,onnnonrnrnnnnonn behalf of which the person(s) acted executed the G C CLARKSON a instrument R COMM *1154439 R S NOTARYPUBLIC CALIrPRNIA s WITNESS m hand and official seal 2 ° LOS ANC ELES uOUN-Y 2 y $ _ MY Comm Expire Sept 5 2001 a n00000.300000Jfi 900dO130*J.7009000pOOGaOOtI (SIGNATU E OF N TARY) OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) — -- ---- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE IV2MP2 R Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents Tnat the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Ilinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company )do hereby appoint William J Shupper of Los Angeles California' their true and lawful agent(s)and attorney(s) in fact to make execute seal and deliver during the penod beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as their act and deed Any and all bonds and undertakings EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duty executed and acknowledged by their regularly elected officers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recogrnzances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 "VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this January 28 1993 Attested and Certified Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company raw"a M9L 4,, e 1 or 1}? se(ui iwwn e ✓ , �`�f/ fi 1�4Q l i SEAL COlrOfAT}0l a �/ Qv/Nw.iC. dIT�A'yy�y�.�iJ1 '� �o f .y► Robert P Haines Secretary by J S Kemper III Exec Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) Roberta IA Kern ON �1"b I� / > > q , BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Crdham jorlm5 AND Christopher rC 03 bbs , PERSONALLY KNOWN TO ME( FSATF,,F-AOTORY EV DENCE= 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 SIGNATURE � n-� .� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN a�, COUNTY Roberta Ali Kern NAM PRINTED MY COMMISSION EXPIRES ROBERTA M KERN COMM #1119189 tm)(amy ORANGE COUNTY Comm Expires Dec 6 2000 SPATE 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 IWAUP PRINTFM KEY('nhen�lccln� �YOIi7�C 7-XAZr Ale JUL 1 a 1998 LCL s r E D h,AY 2 8 199$ A0401M. CERTIFICATE OF INSURANCE NS .R CE DATE(MMIDOIVV) PRODUCER trVVl��i�++r++ ■�++ C — V THIS CERTIPICAT"C ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GALLAGHER HEFFERNAN INS BRKRS HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR P 0 Box 7443 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Francisco CA 94120-7443 aQ (p� COMPANIES AFFORDING COVERAGE �/ COMPANY 415-546-9300 A Acceptance Insurance Company INSURED COMPANY PLC B Ins Co of the State of PA 23 Corporate Plaza - - - COMPANY Suite 250 C Newport Beach CA 92660 COMPANY D COVERAGE$ THIS IS TO CERTIFY THAT THE POLICIES OF-INSURANCE LISTED BELOWHAVE BEENISSUED TOT HE INSURED NAMEDABOVEFORTHE POLICY PERIOD INDICATED NOT WIT HST ANDINGANYREOUIREMENT TERMORCONDITIONOFANYCONT PACT OROTHERDOCUMENT WIT HRESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED ORMAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVC BEE V REDUGED CY PAID CLAIMS CO TYPEOFINSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTA DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE S A X COMMERCIAL GENERAL LIABILITY D98CM0658 5/08/98 5/08/99 PRODUCTS COMP/OP AGO S CLAIMS MADE F OCCUR PERSONAL fs ADV INJURY = OWNERS&CONTRACTORS PROT EACH OCCURRENCE = 1000000 $25 ,0 0 0 SIR FIRE DAMAGE(Any one I re) S MED EXP(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS — 1 n (Pe pe son) S HIRED AUTOS BODILY INJURY s NON OWNED AUTOS (Per ace dent) PROPERTY DAMAGE $ GARAGE LIABILITY ., AUTO ONLY EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE S EXCESSLIABILITY EACH OCCURRENCE $ 9000000 B N UMBRELLA FORM 41988555 5/08/98 5/08/99 AGGREGATE S 9000000 OTHER THAN UMBRELLA FORM SIR S 10000 WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS LIABILITY EACH ACCIDENT S THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE POLICY LIMIT S OFFICERS ARE EXCL DISEASE EACHEMPLOYEE S OTHER DESCRIPTION OF OPER TIONS LOCATIONS VEHICLES SPECIAL ITEMS Certificate holder named as additional insured per form CG2010 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILLXh16 VkKYoCXMAZL City of Huntington Beach its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Agents Officers & Employees BUxe4 0[KAXW4CFXW31CX VOM RW=Rq ARM0XWPRt41A TX 2000 Main Street qfx'bit Aft x x 9;Rx 91`TF9t"AE!'t Huntington Beach CA 92648 AUTHORIZE REP SE TATI E 071970000 HAttnunt IChris Mendoza ACORD25 8($193� ,4COR0 GO RORATapPt?$98 17 POLICY NUMBER D98CM0658 COMMERCIAL GEN KLIABTY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LES EES, O CONTRACTORS (FORM B) ><R This endorsement modifies insurance provided under the followingCOMMERCIAL GENERAL LIABILITY COVERAGE PART � SCHEDULE Name of Person or Organization City of Huntington Beach its Agents , Officers & Emplovees 2000 Main Street Huntington Beach, CA 92648 Attn Chris Mendoza (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability ansing out of your work for that insured by or for you CG 20 10 11 85 Copyright Insurance Services Office Inc 1984 1A.A e City of Huntington Beach HUN-INGTONSEACH 2O00 Main Street California 92648 DECLARATION of NON EMPLOYER STATUS In order to comply with City Council Resolution No 97 20, you are required to provide proof of Workers Compensation insurance if you have no employees, this form must be signed and returned to City of Huntington Beach Risk Management Division 2000 Main Street Huntington Be-ich, CA 92648 1 certify that in the performance of the activity or work for which this permit is rssied I shall not employ any person in any manner so as to become subject to California Workers Compensation insurance requirements I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers Compensation Insurance Applicant/Company Name L l._ " 0 Address R C r Applicant s Signature � Date to D--`I Title Location Signed ����� &''''C1.f7 Telephone Number EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1 Name/Title/Department of Requesting Staff Member Christi Mendoza/Ofc Spec/RiskMgmt 2 Date of Request 8/5/98 3 Name of Contractor/Permittee PLC 4 Description of work to be performed Tract Developer Length o Contract Not a contract w/City, developing land within City . 6 Type of Insurance Waiver or Modification Requested $25,000 SIR (a) Limits 11000,000 (b)Coverage General Liability 7 Reason for Request for Waiver or Reduction of Limits Unable to secure insurance without SIR on General Liability policy 8 Identify the risks to the City if this request for waiver or modifications granted None, carrier pays claims directly and bills insured the SIR Department Head Signature (Tins section to be completed by the Risk Nlanager) Recommendation Approve /Deny Risk Manager s Signature/Date (This section to be completed by the City Attorney) Recommendation �y Appi ove / Deny City Attorney s Signature/Date Settlement Committee approval [is] [is not]required for this waiver If Settlement Committee approval is required submit form to City Attorney s Office to be placed on the agenda Recommendation Approve Deny City Council approval [is] [is not] required for this waiver If City Council approval is required attach this form to the RCA after consideration by the Settlement Committee This insurance waiver[is] (is not] on City Council agenda j m p/k/re s o u h o n/i n s re q/2/6/98 7 RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT SUBJECT Final Tract Map No 15728 COUNCIL MEETING DATE April 5, 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 FOR RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use