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Final Tract Map No 14700 - Taylor Woodrow Homes Inc - from P
11ITY OF HUNTINGTON BEA MEETING DATE November 15, 1999 DEPARTMENT ID NUMBER PW99-109 Council/Agency Meeting Held / 0060 7rred/Continued to Approved ❑ Conditionally Approved ❑ Denied U C Clerk s Signature Council Meeting Date November 15 1999 Department ID Number PW99-109 r CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS p`-��'� SUBMITTED BY RAY SILVER City Administrator� r,� D *OPR-EPARED BY ROBERT F BEARDSLEY Director of Public Works IL SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 14700 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Taylor Woodrow Homes Inc the developer of Tract No 14700 located west of Goldenwest Street and south of Garfield Avenue has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source Not Applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 14700 and 2 Release the Faithful Performance/Labor and Material No 11141575222 and Monument Bond No 11141575198 pursuant to California Government Code Section No 66499 7(b), and 3 Accept the Guarantee and Warranty Bond No 11133457892 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 Taylor Woodrow Homes Inc of this action and the City Treasurer to notify The Surety The American Insurance Co of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder RCA re Tr No 14700 2 11/03/99 8 03 AM �i • • REQUEST FOR COUNCIL ACTION MEETING DATE November 15, 1999 DEPARTMENT ID NUMBER PW99-109 Alternative Action(s) Deny the recommended action Analysis On August 19 1996 the City Council approved Final Map No 14700 and accepted bonds from PLC Land Company the securities furnished for Faithful Performance/Labor & Material and Monuments On September 15 1997 Taylor Woodrow Homes Inc purchased Tract No 14700 and substituted their bonds in place of PLC s The developer Taylor Woodrow Homes Inc has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to Calif Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the private streets and the curb gutter pavement and sidewalk within Summit Drive The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements Calif Government Code Section No 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The developer has provided Guarantee and Warranty Bond No 11133457892 as security Following is a list of project data Developer Taylor Woodrow Homes Inc 24461 Ridge Route Dr Laguna Hills CA 92683-1686 Engineer Walden & Associates 18012 Cowan Suite 210 Irvine CA 92714 Title Co First American Title Co 114 E 5th Street Santa Ana CA 92702 Location West of Goldenwest Street and south of Garfield Avenue Lots 14 numbered lots and 5 lettered lots Acreage 6 911 Zone Holly-Seacliff Specific Plan Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines California Admin Code, Title 14, Chapter 3, Section 15268(b) Attachment(s) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 11133457892 3 Notice of Acceptance of Public Improvements RCA Author Bruce Crosby jm 36538 RCA re Tr No 14700 3 11/02/99 2 07 PM 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BN THE CITY COUNCIL/ REDEVELOP`IENT AGENCY OF THE CITY OF HUNTIIGTON BEACH DATE W elnh P.e-) 1, /'I'I�) TO /Yoo rDu) 770mes:G:S. T�L' ATTENTION 7;-ylar 'e/ 7�(0 / /e0 J,'e On ✓C'J DEPARTMENT str t 9a �3 OZ�/2GU <r� REGARDUS�G 1-1170 O Ctty to Ztp See Attached Action Agenda Item jE'J` Date of Approval_L1 �!S/y9 Enclosed For Your Records Is An E,,ecuted Copy Of The Above Referenced Agenda Item Remarks f� 7 Qi7 Connie Brockway City Clerl, 5 75A-? o� 4/- L-10»4 / D . Attachments Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC ��� `� e --Jz— DS Na CS/ Department RCA Agreement Insurance Other / Name Department RCA Agreement Insurance Other N^ay"e De ment RCA/ Agreement Insurance Other /✓e�.Q/lrP�/ � �z�h ✓ Name Department RCA Agreement Insurance Other Risk Nianaeement Dept Insurance Received by Name Company Name Date G Follo«up/coNeritr (Telephone 714-536 5227) I ATTACHMENT 1 i O r F I � f l f _ r r 7 r 1 r M • 7 U~ ti u+n• 1 1 i N .... GO`05fft 9T[PLAN L WE rXA01 O 1 700 SC GLrf PARD"S 1 V_ 1 9 ATTACHMENT 2 I have received Guarantee and Warranty Bond No 11133457892 —The American Insurance Company for Taylor Woodrow Homes Inc RE City Clerk Vault File No 420 60 Tract Tract 14700 — Port Ivy Approved by Council on 11/15/99 Dated 1 L-4-99 By • BONDNO 11133h )1892 PREMIUM $1 za 00 GUARANTEE AND WARRANTY BOND WHEREAS TAYIOR WOODROW HOMES INC as a Principal and IRE AMERICAN INSURANCE COMPANY a corporation organized under the laws of the State of NEBRASKA and duly authorized to do business in the State of California as Surety are held and firmly bound unto the City of Huntington Beach California as Obligee in the penal sum of TWI-NTY ONE THOUSAND TWO IIUNDRI1) S1XEY 111R11 AND NO/100111S ($21 263 00) representing 10 percent of the contract price entered into between the Principal and Obligee to which payment well and truly to be made we do bind ourselves and each of our heirs executors administrators successors and assigns jointly and severally WHEREAS the said principal entered into a contract with said Obligee dated for work described as follows PORT IVY TRACT 14700 WHEREAS said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee against all defects in workmanship and materials during said one year period WHEREAS said work has been completed and accepted by Obligee on NOW THEREFORE the Principal and Surety jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee In witness whereof this instrument has been duly executed by the principal and surety above named on 1111 Y 20 19 99 1AYLOR WOODROW HOMI S INC as Principal APPROVED AS TO FORM-1 By G4IT IRITTON ( FiT0 r � � TIIF AMFRICAN INSURANCF By ern COMPANY SI III AI IOIt\11-TI F1( I l tr • • STATE OF CALIFORNIA } COUNTY OF ORANGE } On JULY 22, 1999, before me, VIRGINIA G KERR, NOTARY PUBLIC, personally appeared THOMAS O REDWITZ, personally known to me (e�� r�mr�nn rh;t- r,f car,cfarm�P�T, Pere) to be the person* whose name�) is/,i;:e subscribed to the within instrument and acknowledged to me that he/'� executed the same in his/firer/+l-@qr authorized capacity(tes , and that by his/her-/-� signature(4 on the instrument the person(+or the entity upon behalf of which the person(&) acted, executed the instrument WITNESS my hand and official seal Signature VIRGINIA G KERR Commission# 1220783 z -e Notary Public Calitomia �� Orange County ti'yCarlT E)gxe5May2ZM03r Title of Document Warranty Bond - Tract 14700 Date of Document JULY 20, 1999 No of Pages 1 Other signatures not acknowledged no CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On July 20, 1999 before me JZnet C Rojo, Notary Public personally appeared * * * * * * * * * * *Swan Lee * * * * * * * * * * * * * * Opersonally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or the entity upon behalf of which the person acted executed the instrument C )CO)io a I wC�cutirrPy ,�RObbl 'o -�U� ^rIScocou,If, 5 WITNESS my hand and official seal Y c re� lei—1 Y G22� t_ ignature of Notary FIREMAN'S FLiYD RNSIJRANCE COMP DIY NATIONAL SURETY CORPOR.&N ASS*TED INDEN LAITY CORPORATION THE -MMERICAN LNSURANCE COMPANY AAIERICANN ALTT01IOBILE INSLR- LACE CONtPkNY GENERAL POWER OF ATTORNEY K,VOW ALL MEN BY THESE PRESENTS That FIREMAN S FUND INSURANCL COMPANY a Caltromia corooruon NATIONAL SUREi Y CORPORATION an Illinois corporation THE AMERICAN INSURANCE COMPANY a New le-sey corporation r donestic i d in Neoraska, ASSOCIATED INDEMNITY CORPORATION a California corporation and AMERICAN AUTOMOBILE INSLRANCE COMPANY a Missouri corooruon ((hc-n collective1v called the Companies')does each hereby appoint TERRY J MOUGHAN JACK M WOODRUFF DONTIA NI GFRGLRICH CYNTHIA L LEWIS SCOTT R WHITESIDE SUSAN GANNUSCIO THOMAS I G ALL kGtiER JAN`ET C ROJO JOYCE LEE KINNEY SW4,N LEE SAN FRANCISCO C-k their rue and lawful Atlorney(s) in Fact,with full powe of authority he cov eontermd in their name piac-and stead to a cute seal acxnowledge and dcln c any and all oonas,undertakings,recogntzances or other written ooligauons in the nature the eor ------------------- - --- -- ----- ---- - --------- and to bind the Comoanies thereby as fully and to the same extent as if suet bonds wer-stzried by the President,sealed with the corporate seals or the Companies and duly attested by the Companies Secr -uy hereby ratifying and conririnmg all that the said Anornev(s)in Fact may oo in the or miss Tau Dower of attorney is granted under and by the authority of Article VII or the By laws or FIREMAN S FUND INSURANCE COMPANY NATIONAL SURE--- CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION ana AMERICAN AUTOMOBILE INSURANCE COMPANY wnici provisions are now in full fort and effect This Dower of attorney is signed and sedled under the authority or the following Resolution adopted by the Board or Directors of FIREMAN S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBIL INSURANCE COMPANY at a meeting duly called and neld.or ov writt n consent,on the 19th day or March 1994 and said R solution has not be n amended or repealed RESOLVED that the signature of any Via P•eside-it, Assistant Sec-eary and Rcsiae-t Assistant Sec ary of the C,moanics,and the seal of th Companies may be affixed or printed on any power or attorney on any revocation or any power or attorney or on any avriare relating the e o by facsimile,and any power or attorney any revocation or any power of anomev or a-trriate b^.arinR such taai-iile sizi Lure or facsimile seal shall be valid and binding upon these Companies IN 'Al INES x?H?HEREOF the Cfoollzmbeaye caus-d the-- �rgscnts to be signed by heir Via P esicent, and t'icir corcorat seals to be her unto arfix d th day or ^c,r� xn s YEA -IRE TAN S FUND INSURANCE COMPANY N MON:LSURETYCORPORATION Q a o CI ° �' - - THE AMERICAN INSURANCE COMPANY S E A L e ASSOCIAI ED INDEMNITY CORPORATION O - - �' AMERICAN AL MOBILE INSURANCE COMPANY V f~cE co ✓P vcE O+f �nr�R+,`! BY STATE OF CAUFORNLA ss COUNTY OF MARIN On this 30 day of September 1998 be ore me personally came M A Ma lonee to me K,own who being oy me duly swora,aid depose and say that he is a Vic,.Preside-it of each company dose-coed to and which execut= the above insirurrclt,that he Knows the seals or the said Comoanies that the seals axed to the said instrument are such company seals that they were so arfixcd by orde or the Board of Dtrecors of said companies and that he signed his name thereto by like order IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year here n tirsi above wrinez L OCAMPO / `+ Commisslon# 1163726 a.d Notcry Public California �{ Mcnn County My Ctxnm E=res NOV 26 2MI Nou,PubtK CERTIJ:TCATE STATE OF CALIFORNIA COUNTY OF MARIN ss I,the undersigned,Resident Assistant Secretary of each company DO HEREBY CERTIFY that the orcooing and attached POWER OF ATTORNEY remains in full fort_ and has not been revoked and funhe-more thatArtiele VII of the By laws of each company and the Resolution o the Board of Dir--ors,set forth in the Power of Anorney are now in ora_ Signed and scaled at the County of Mann.Dated the 20 th day of JULY 1999 E Y� �r^•�� r�H s AUEA y a. Z SEVr iL'Q -� ••I ry{j - Z y Nr- '17- fYCE cof4 s�q,;c CQyQet `*t yo R— .,..W- S- rL- 360789 U 98 ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 7 1999 Gary L Granville County Clerk Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract 14700 please record the acceptance and return to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self addressed stamped envelope � � &"0/6&2�z Connie Brockway CIVIC City Clerk Enclosures g \followup\deedltr G\followup\deedltr (Telephone 714-536 5227) 1 0 0 %LGG d /�/�/ Recorded in the County of Orange California Gary L Granville Clerk/Recorder Recording requested by III Jill JillIIIIIIII IIIIIIIIIIII No Fee and when recorded return to 19990851238 8 39AM 12/15/99 Connie Brockway City Clerk 004 00014062 108 61 321 01 0 0 00 0 00 0 00 0 00 0 00 0 00 Office of the City Clerk 0 00 0 00 CITY OF HUNTINGTON BEACH Doc Types 321 P O Box 190 2000 Main Street 1 Huntington Beach Ca 92648 (Spice above this line for Recoider s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 2-).) 22) PLEASE TAKE NOTICE THAT on October 13 1999 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 Sitbdivislon Ordinance Scctton 255 22(A) the improvements for public use Further, the public improvements for the subdivision(s) have been dedicated to the City [� of Huntington Beach as described on Final Map No 14700 Public improvements constructed consist of the domestic watei system and appuitenances within the private streets The curb, gutter pavement and sidewalk within Summit Diive The Foregoing Instrument is the City Clerk's_ Original ument Reflecting City Council Action Taken at City Council Meeting Submitted for Recorda ion by the Orange County Recorder q Attes+� r =� =� ` i9 �—cY CITY OF HUNTINGTON BEACH j ty o,lei k and E,<-officio Clerk of the _City f yunti rgtc ,Beach California by City Engineer I B�_ > , Deputy y AttoineY �o d -55 36409 _ This do^Dirient is solely for the - ®o r-IL° buclrinsus of the City Tax-Exempt Governm`-ent Agency e 'L t -in -- as contem- CITY OF I illta 6 fC-TIIN BEACH L 0,�c, ri-; t Code Cornit E Oct a;-(,t aarf' `ec 61034 and clicuid be recorded free of charge BY eputy City Clerk 0 • RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 14700 and Accept the Public Improvements COUNCIL MEETING DATE November 15 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 Ln 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 •wz� City Clerk EXPLANATION FOR RETURN OF ITEM RCA Author Bruce Crosby jm 36538 f � City of Huntin Eton Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER VIA FACSIMILE AND VIA CERTIFIED U S MAIL May 7, 1998 American Motorists Insurance Company 777 San Mann Drive Novato, CA 94998 Re Tract Nos 14700, 15087, and 15088, PLC Gentlemen This is to inform you that the City Council of the City of Huntington Beach, on September 15, 1997, approved to release the following bonds Tract No 14700 Faithful Performance Bond, Bond No 3SM 888 670 00 Labor and Material Bond, Bond No 3SM 888 670 00 Monument Bond, Bond No 3SM 888 67100 Tract No 15087 Faithful Performance Bond, Bond No 3SM 888 670 00 Labor and Material Bond, Bond No 3SM 888 672 00 Monument Bond, Bond No 3SM 888 673 00 Tract No 15088 Faithful Performance Bond, Bond No 3SM 888 674 00 Labor and Material Bond, Bond No 3SM 888 674 00 Monument Bond, Bond No 3SM 888 675 00 t � Amencan Motonsts Insurance Company May 6 1998 Page two _ We are releasing the original bonds and have enclosed them for you Also enclosed is a copy of the Statement of Action of the City Council approving release of these bonds If you have any questions, please call me at 714 536-5200 Sincerely yours, - ot)L�l Shan L Freidennch SLF lb - - - Enclosures xc Bill Holman, PLC Land Co 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 (no attachments) Daryl Snuth, Acting Director of Public Works (no attachments) `Connie Brockway, City Clerk(no attachments) Pat Lovelace, Sr Deputy City Treasurer(no attachments) STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber Civic Center Huntington Beach California Monday September 15 1997 A videotape recording of this meeting is on file in the Office of the City Clerk The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5 10 p m CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT Harman Dettloff Bauer Sullivan Green Garofalo ABSENT Julien Consent Calendar- (Item Approved) A motion was made and the following item was approved as recommended by the following roll call vote AYES Harman Dettloff Bauer Sullivan Green Garofalo NOES ABSENT Julien E-4 (City Council) Substitution Of Tract Bonds (The American Insurance Company) & Subdivision Agreements Due To Purchase By Taylor Woodrow Homes, Inc , Of PLC Land Company Tract Nos 14700, 15087 and 15088 - Holly Seacliff Development Area (420 60) 1 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM88867000 3SM88867100 Tract No 14700 the securities furnished for Faithful Performance Labor & Material and Monuments respectively 2 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM88867200 3SM88867300 Tract No 15087 the securities furnished for Faithful Performance Labor & Material and Monuments respectively 3 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM888667400 3SM88867500 Tract No 15088 the securities furnished for Faithful Performance Labor & Material and Monuments respectively 4 Accept Taylor Woodrow Homes, Inc ., Subdivision Agreement and Bond Nos 11141575222 11141575198 Tract No 14700 the securities furnished for Faithful Performance Labor & Material and Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer 5 Accept Taylor Woodrow Homes, Inc Subdivision Agreement and Bond � Nos 1114575230 11141575206 Tract No 15087 the securities furnished for Faithful Performance Labor& Material and Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer and 6 Accept Taylor Woodrow Homes Inc Subdivision Agreement and Bond Nos 11141575248 11141575214 Tract No 15088 the securities furnished for Faithful Performance Labor& Material Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer and 7 Instruct the City Clerk to notify the previous developer PLC Land Company of this action and the City Treasurer to notify the bonding company of this action Submitted by the Public Works Director [Approved 6-0 (Julien Absent)] The meeting adjourned to Monday September 29 1997 at 5 00 p m in the Council Chambers Civic Center 2000 Main Street Huntington Beach California /s/ Connie Brockway City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California ATTEST /s/ Connie Brockway /s/ Ralph Bauer City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I Connie Brockway the duly elected City Clerk of the City of Huntington Beach California do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the September 15 1997 Witness my hand and seal of the said City of Huntington Beach this 26th day of September 1997 /s/ Connie Brockway City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California BQ4d,&) &,tJ DepuV ty Clerk (11) 09/15/97 - Councilimgency Agenda - Page 11 E 4 (City Council) Substitution Of Tract Bonds (The American Insurance Company) & Subdivision Agreements Due To Purchase By Taylor Woodrow Homes, Inc , Of PLC ` Land Company Tract Nos 14700, 15087 and 15088 Holly Seacliff Development Area (420 60) 1 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM88867000 3SM88867100 Tract No 14700 the securities furnished for Faithful Performance Labor & Material and Monuments respectively 2 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM88867200 3SM88867300 Tract No 15087 the securities furnished for Faithful Performance Labor& Material and Monuments respectively 3 Release PLC Land Company's Subdivision Agreement and Bond Nos 3SM888667400 3SM88867500 Tract No 15088 the securities furnished for Faithful Performance Labor& Material and Monuments respectively 4 Accept Taylor Woodrow Homes, Inc , Subdivision Agreement and Bond Nos 11141575222 11141575198 Tract No 14700 the securities furnished for Faithful Performance Labor & Material and Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer 5 Accept Taylor Woodrow Homes, Inc Subdivision Agreement and Bond Nos 1114575230 11141575206 Tract No 15087 the securities furnished for Faithful Performance Labor& Material and Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer and 6 Accept Taylor Woodrow Homes Inc Subdivision Agreement and Bond Nos 11141575248 11141575214 Tract No 15088 the securities furnished for Faithful Performance Labor& Material Monuments respectively and approve and authorize execution by the Mayor and City Clerk of the Subdivision Agreement and file the Bonds with the City Treasurer and 7 Instruct the City Clerk to notify the previous developer PLC Land Company of this action and the City Treasurer to notify the bonding company of this action Submitted by the Public Works Director [Approved 6-0 (Julien Absent)] E-5 (City Council) Goldenwest Street At Heil Avenue And Newland Street At Adams Avenue Traffic Signal Improvements CC 1035 - Notice Of Completion - C T & F Inc (600 55) Accept the improvements of the Goldenwest Street at Heil Avenue and Newland Street at Adams Avenue Traffic Signal Improvements CC 1035 completed by C T & F Inc for a final cost of $74 842 89 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office Submitted by the Public Works Director [Approved 6-0 (Julien Absent)] E 6 (City Council) Approval Of Escrow Agreement Between City & Valley Crest Landscape, Inc , & Wells Fargo Bank - Pier Plaza Project - CC 1029 (600 80) - 1 Approve the attached Escrow Agreement for Security Deposits In Lieu of Retention between the City of Huntington Beach Valley Crest Landscape and Wells Fargo Bank Woodland Hills and 2 Authorize the Mayor and City Clerk to Execute said agreement on behalf of the City Submitted by the Public Works Director [Deferred to 1016197 to allow City Attorney to research law-- 6-0 (Julien Absent)] (11) J ry 9-� � - 4PpW OTY OF HUNTINGTON BEAC OW-4j- COLJ pm MEETING DATE September 15, 1997 DEPARTMENT ID NUMBER PW 97-052 >�c Ix, Council/Agency Meeting Held 9/_ Is/97 Deferred/Continued to 7-rj 0Approved ❑ Conditionally Approved ❑ Denied City Cleric s Signature G-6 Council Meeting Date September 15 1997 Department ID Number PV\7 52 Llf c> n CITY OF HUNTINGTON BEACH ~" REQUEST FOR COUNCIL ACTION N ���m r O � ,�,rnm Ur.) C o —v i SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City AdministratWtutionBonds PREPARED BY �M JONES II Director of Public WorksSUBJECT ' Tract Nos 14700 15087 and 15088 Substi and Subdivision Agreement Statement of Issue Funding Source Recommended Action Alternative Action(s) Anal sis Environmental Status Attachments) Statement of Issue Taylor Woodrow Homes Inc has purchased Tract Nos 14700 15087 and 15088 from PLC Land Co and is requesting that their Bonds and Subdivision Agreements be substituted in place of PLC Land CO's Bonds and Subdivision Agreements Funding Source Not applicable Recommended Action Motion to 1 Release PLC Land CO s Subdivision Agreement and Bond Nos 3SM88867000 3SM88867100 (Tract No 14700) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and 2 Release PLC Land CO's Subdivision Agreement and Bond Nos 3SM88867200 3SM88867300 (Tract No 15087) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and 3 Release PLC Land CO's Subdivision Agreement and Bond Nos 3SM88867400 3SM88867500 (Tract No 15088) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and E---- — L 0025841 01 2 09/03/97 7 39 AM #QUEST FOR COUNCIL ACTS MEETING DATE September 15, 1997 DEPARTMENT ID NUMBER PW 97-052 4 Accept Taylor Woodrow Homes Inc Subdivision Agreement and Bond Nos 11141575222 11141575198 (Tract No 14700) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer and, 5 Accept Taylor Woodrow Homes Inc Subdivision Agreement and Bond Nos 11141575230 11141575206 (Tract No 15087) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer and, 6 Accept Taylor Woodrow Homes Inc Subdivision Agreement and Bond Nos 11141575248 11141575214 (Tract No 15088) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively and instruct the City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer, and, 7 Instruct the City Clerk to notify the previous developer PLC Land Co of this action and the City Treasurer to notify the bonding company of this action Alternative Action(s) Deny the recommended action Analysis On July 1 1996 the City Council approved Final Map Nos 14700 15087 and 15088 and accepted Bonds from PLC Land Co the securities furnished for Faithful Performance/Labor & Material and Monuments Subsequent to this Taylor Woodrow Homes Inc purchased Tract Nos 14700 15087 and 15088 and has requested that the City exonerate the original Bonds posted by PLC Land Co and substitute their Bonds Following is a list of project data Subdivider Taylor Woodrow Homes Inc 24461 Ridge Route Dr Laguna Hills Ca 92653 Engineer Walden & Assoc 18012 Cowan Ste 210 Irvine Ca 92714 Title Co First American Title Co 114 E 5th St Santa Ana Ca 92702 Zone Holly-Seacliff Specific Plan Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines Cal Admin Code, Title 14, Chapter 3, Section 15268 (b) 0025841 01 3 09/03/97 7 39 AM 1 , J • RQUEST FOR COUNCIL ACTION MEETING DATE September 15, 1997 DEPARTMENT ID NUMBER PW 97-052 Attachment(s) City Clerk's Page Number 1 Location Map 2 Faithful Performance/Labor & Material Bond Nos 11141575222 11141575230 and 11141575248 6�0, x F-,0-6-49 3 Monument Bond Nos 11141575198 11141575206 and 11141575214 (6'lk- d&AJ..0 4 Subdivision Agreements for Tract Noss" 14700 15087 and 15088 5 Certificate of Insurance (61, Cf" RCA Author B Crosby phone extension 5247 0025841 01 -4 09/04/97 1 53 PM ATTACHMENT 1 ✓f _AVENUE R(] \1 J / / A AI I� 1 II S IF OLF COUR S JA II1 I N I SEACL FF D 41 GOLF COURSE 1 A *x A / \01��1$� i ✓��Ate- �, �r , / /� T n X A \ SFACLIFF GOLF COURSE S Ai i N h I IASL YAP SSOLIATES "" '^ y n n _ FOR TENTATIVE TRACT NO 14700 W '1 —— PENINSULA 11 Rf "ars .. ., ... 1 ATTACHMENT 2 City of Huntln ton Beach ' P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER January 10, 2000 CERTIFIED MAIL The American Insurance Company 695 Town Center Dr, Ste 500 Costa Mesa, CA 92626 To Whom It May Concern This is to mfonn you the City Council of the City of Huntington Beach, on November 15, 1999, approved the release of the following bonds Tract# 14700 Faithful Performance and Labor& Material Bond No 11141575222 Monument Bond No 11141575198 We are releasing the bonds and have enclosed them for your file Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds If you have any questions regarding this matter, please contact me at (714) 536-5200 Sincerely, Shan L reidenrnch, CPA, CCMT ZZ City Treasurer `n Enclosures cc Taylor Woodrow Homes, Inc F,`' ; 24461 Ridge Route Drive Laguna Hills, CA 92683-1686 � v Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G\Demne\ShanAUnersl13on"9 l v _ 1 have received Faithful Performance Bond No 11141575222 The American Insurance Company Labor and Material Bond No 11141575222 The American Insurance Company Faithful Performance Bond No 11141575230 The American Insurance Company Labor and Material Bond No 11141575230 The American Insurance Company Faithful Performance Bond No 11141575248 - The American Insurance Company Labor and Material Bond No 11141575248 The American Insurance Company Monument Bond No 11141575198 The American insurance Company Monument Bond No 11141575206 The American Insurance Company and Monument Bond No 11141575214 The American Insurance Company Re Final Tract Map Nos 14700 15087 and 15088 RCA and Action Agenda for September 15 1997 attached Dated x 15 1� By • WA NO 111 4157 5222 IUM $1 , 276 00 FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and Taylor Woodrow Homes, Inc (hereinafter designated as principal )have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement,dated September 11 , 19 96 , and identified as project Port Ivy is hereby referred to and made a part hereof and Tract 14700 WHEREAS said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now therefor we the principal and ThE AMEPICAN INSURANCE COMPANY as surety are held and firmly bound unto the City of Huntington Beach hereinafter called City the penal Two Hundred Twelve Thousand Six Hundred sum of Twenty—Eight and no/100 ———————————— dollars(5 212,628 00 ) lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and adriunistrators jointly and severally firmly by these presents The condition of this obligation is such that rf the above bounded principal his or its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided on his or their part,to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless City its officers agents and employees as therein stipulated then this obligation shall become null and void othen%se A 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 riere 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 f 7) (7 The surety hereby stipulates and agrees that no charge extension of time alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change extension of time afteraton 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 pnncipal and surety above named on March 12, 19 97 Taylor Woodrow Homes, Inc asPnncipal By By THE AMERICAN INSURA COMPA as Surety B Owen Attorney- n-Fact By r i 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 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 8075 01 r NOTARIAL ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) CITY& COUNTY OF SAN FRANCISCO ) On March 12, 1997 , before me, Tracy L. Ogden, Notary Public, personally appeared N. Owens personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Signature � .�C� �e'9/J c DESCRIPTION OFATTACHED DOCUMENT BondNo.: ill 4157 5222 Principal.' Taylor Woodrow Homes, Inc. G r ti EXALL t XTO or wrroltJwl:Y MIME AMMCAN INSUMNCE CJWANY KNOW A LL MEN�Y THFS[iR£SFXT i t THE AMERICAN INSUAANICE COMP apor,(ka Gxorporstcd�r+6ar(At lawt of tM Sr,(e t4cw hrsey on fe brvary 10 1146 and redomcstsuled to(ht.Suit of NcbrLiIa oa hint 11"0 ,rid Mimi res pcuwipsJ ofrke to the CUy of Omaha $rate Ktbeaska hat made consu(uted and appointed sad does by thcst peruau matt conssi(vtt and spposrit N. OMENS a BRIAN L. CACAH and RICHARD R. HERTZBERCB jointly of Severally SAN FRANCISCO, CA Its(rve and hwfuJ Aiioroeyis)-ta Fact vritb full power snd authority here br con I'med in Its name piaa and rtad to e:avtt sal uknowied je and deUvtr r and sig boods uedauklnd recopai-aus or otbu+mttcv obUgauons fa i c rwttue thatof - _-___,.__R_ a.od to bind the Corporation lhc(cby as fuDy and to the s&me extent u if tech bonds were rimed by tlse President scaled with the corporate real of tl Corporation and duly attested by its 5kacury hucby r,ufyint sod cotif1 msng all that the mcl ttorne)%in Fad may do in the prcmisa This powa of attorney fs jrsnied pursuant to"cle VIi ScetJont 13 snd 46 of By laws of THE AMERICAN INSURANCE COMPANY Dow to fud force at effect. "Artic3eYI1 AppolalmrarnrdAurbarftrofRaddr�rSeaYr�rfd Alforoer�aFicfSad.ljerautoacreprLets✓lrroeesrsadMaktAppruyac� Section 45 Appofatmear TDe CIAUusa of the 0*" of Dirrcton (he Frafdea( say Vltx-rtcaidesl of tar other pessoa author(" bii the Board Dtrselons she C'bxU=xn of The Seard of Dlrrctors tbt rrrsidcat or Bay V1a-Preside9t tear from time to time appoint Rasldeat Assistaal Stctturfe, at Ahornty* n Fact to represcot and act for sad on bcWf of the Corpondoo aaA Ageau to adapt Irgalproet a sad make apptsnoces for Sad oil Nbad of 11 Co.porn do■ Stctloa 46 A&I(hontr Tit■utbonty of such Resident Assirua(SKrt(ana Attomers-la fad sadAkesu ALObt u prrsaibtd to the leutrvmeat erideacia tbelrappofotment Any such xppoiatroeot sad a!lautdonrytrsztcdtbercby may benr.oked#(any tbzcbyIbe Bo"ofDirrctorsorby so,persoaecapowercdt ksattra such appointment" Tbls power of at(orncy fs signed and"cd under and by the authonty of the foiiowing Resolution adopted by(he Soud of DGaton of THE A AERICAJ INSURANCE COMPANY at a mating duly Wled and held on Lie l lit day of July 1984 and slid Ruolvtlon bss not ban amcoded or repcalod "RESOLVED that (be signature of any Vke Prendcot Assisixnt Sccrctuy and Ruideot Assistant Sectary of this Corporatloo and the sW or ad Corporatloa may be afrsxed or prLntcd oo any powu of attorucy on any ievtxauon of►nY power of attorncY or oo any Certificate relating thereto by fau1mile and any power of attorory any rcvocatioo of any power of attorney or urufkate bcanog such faaunUc signatwe or f-Icssmile scat 0L4 be vabd jwd bfodtn upon the Corporation* 1N WITNESS WHEREOF THE AMERICAN INSURANCE COMPANY has cxustd these presents tobc signed by Its Vkc President and its corporatt scat to be heir-into afftxcd Wit 28 t h day of February • 19 92 - c4,-.,4 THE AMERICAN INSURANCE COMPANY Is Br re-h� STATE OF CALIFORNLI w COUNTY OF T•iA R 1 N on tma 28th day or February it 9_�2___•before roc pmooallycufle R D funSworlh to sne known, who bang by me duly sworn did dcpost and s-ay that he is Via President of THE AMERJCAN INSURANCE COMPANY the CorporatJon dcstrsbc-d in and whscb executed the above inswmtat that he knows the seal of said Corporation that the scat afftxcd to the said iastrutncot is such corporate aril tw It was so a foxed by order of the Boud of Ducoors of sand Corpon000 and ibat he signed his aame thereto by Uke order IN W LTNPSS WHEREOF I bare bercunto set my band and of fixed my offkW real the day and year bacin rust aboyc wt,tim swsssssresc-test+-saticrrt+.rsmntrscnrnni-s-liirtt OFFICIAL SEAL 1 M VANDEYORT V NOTARY PUBLIC CALIFORNIA r�•fs hwa PNr+cipal Oirice in Virin Cevnty Mr G—JU004 ripers Avg. IS Ili! CERTMCNE 1e1/1rleMlil111 r r"+"n 1JrltUlUlrHir11111/1111111itr SrATE O F CA L 1 FO RN LA COUNTY OF MA R IN 1 theuodcrrrgrcd RatdcotAssfstxntlmctuyofTliE AMERICAN INSURANCE COMPANY a NEBRASKA Corporation DONERESYCERTIFYihat the fort=otng and at Lac-bed POWER OF ATTORNEYimsuris in full fora and bin not bt<-o►evoked s.od furtDamorc that AnKJe V11 Scaloas 11 and 46 of the By lAws of the Corporation and the Resolutloo of tbt Boud of Directors sct forth In the Power of Attornry are now in fora. 319,zcd s.ndsc.alcd a( tht County of Mana Dated the 12th dayo{ March �'f it- 97 BOND NO 111 4157 5222 PREMIUM included in Peiformance Bond LABOR AND MATERIAL BOND WHEREAS the City Council of the Crty of Hunbngton Beach State of Calloma and Taylor Woodrow Homes, Inc (hereinafter designated as Principal)have entered into an agreement whereby pnncipal agrees to install and complete designated public improvements which said agreement dated September 11 , 19 9 6 ,and idended as project Po t Ivy is hereby referred to and made a part hereof and Tract 14700 WHEREAS under the terms of said agreement,pnncrpal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now therefore said principal and the undersigned as corporate surety are held firmly bound unto the City of Huntington Beach and all contractors subcontractors laborers matenalmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Six Thousand Three Hundred Fourteen and no/100 ------------------------------------------ dollars(S 106,314.00 ) for matenals fumished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act vnth respect to such work or labor that said surety vnll pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond will pay in addition to the face amount thereof costs and reasonable expenses and fees including reasonable attorney s fees incurred by City in successfully enforcing such obligation to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons companies and corporabons 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 nght of acbon to them or their assigns in any suit brought upon this bond Should the cordibon 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 bme alterabon or addibon to the terms of said agreement or the specifications accompanying the same shall in any manner i i affect its obligation o0bond and rt does hereby waive notice of any suchoge extension alteration or addition In wrtness whereof this instrument has been fully executed by the pnncipal and surety above named on March 12 19 97 Taylor Woodrow Homes Inc as Pnncipal By By THE AMERICAN INSURANCE LQMPANY) as Surety i 1 � ' < Owens, Attorne}—In—Fact By u� STATE OF CALIF RNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND I PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) I 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 I SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME _ A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES K9D D1 2 CALIFORNIA ALL PURPOE ACKNOWLEDGMENT State of County of On 4 \ C� before me �`�� .�� i �' 1� L� u to tt{ �— Date ,� Name d Ttle of Ott cer(e g Jane Doe Notary Publ c personally appeared a �� \ f ��n—�� �� �X -) �— t 1'\-� Names)orS y e(s) personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and 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) TAMMIE VON NTEDA t or the entity upon behalf of which the person(s) acted c Canmis M#1065512 z executed the instrument i fcx Wary PubBC—CC& nic Z ORANGE COUNTY My Comm Ex;*esJLJ 19 1999 WITNESS my hand and official seal I,�(t 1��- S gnatu a o1 Notary Publ c OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Signers Name ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner— Limited ❑ General ❑ Partner—l= Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator n ❑ Guardian or Conservator ❑ Other Top of tnumb here ❑ Other Top of thumb here Signer Is Representing Signer Is Representing 0 1994 Nat o al Notary Assoc at o 8236 Remmet A e P 0 Bo 184 Ca oga Pa k CA 91309 184 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 NOTARIAL ACKNOWLEDGMENT STA TE OF CALIFORNIA ) CITY& COUNTY OF SAN FRANCISCO ) On March 12, 1997 , before me, Tracy L Ogden, Notary Public, personally appeared N Owens 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 signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature Xi (sea DESCRIPTION OFA TTACHED DOCUMENT Bond No 111 4157 5222 Principal iayloz Woodrow Homes c i:� ° -I:x° CTNE AMERICAN INSURANCE Cr�PANY - KNOW ALL MEN BY THESE?RESENTS, Tlsst THE A 4EItICAN INSURANCE COMPANI .Coepolatka Incorparsltd tender the laws of the State t4cw Icrscy on ft brVaiy 20 1146 end rtdomc-%"tcd to tht Statt @414cbruka ors Il1Ae I 1"0 and hAvml Ut prinnpaJ ofrke ut the My o(omaha State Ncbttiska hex made consututcd end appointed sad does by theu prcuau make ton1r11u1e Ind sppotm )j. OgENS a BRIAN E. CACA,N and RICHARD R. HERTZBERCa jointly or teverelly SAN FRANCISCO, CA ke we and law(uJ Atiolvcy(s}10 Fact with full ,01&tr and authority herebrtoofcrTed tofu name plies cod rtad to txocute sal sckri"Itdte end dcUver, &od to booth uadauklad r u aogDaacac or of u tmtteo cbUgauons Ls tbt wwc thereof and to bled the Corporation thereby u fully and to the aunt extent u If such bonds were lip&n ed by the President soled with the corporate scat of it Corpot-auoa and duly attatcd by 1u Sacrcwy hucbr rsufytn&sod coofirmtnt in that the wd Attorncy(s}1n Fad may do 1n the prcrossq T}tfs power of attorney fs&ranted pursuant to Artlde VII Sections lS and 46 of By laws of THE AMERICAN INSURANCE COMPANY now In fud force a, effect. "ArtkkYT1 Appototmeaf"dAuLhorfhrofRe=V"ISecnGrks AMOrbcll-la ficfasdAIc0if109"ptfASWFr awaadMateAppesrsrecce Serdor 45 Appolatmmcst The CbAirmsa of the Bo" of Dlrtdors the Fresldest tiny Via-Prtsideat M any other ptrao■ satbortred 1ii the Board Dtrtctory the CbLhvua of the Board of DIrcciors the rrvifdcat or Icy Vict-Presidttit may, from dme to time tippolot Resident Amijust Secrsuries tie Attorvey*4A Foci to rtprtscot and sci for sad on bcbal(o(tbe Corpondot trod Attou to titexpt 1ejsJ proms lad wAt tippatnacet for and as Nbalf of tl Corporsdo■ Stcdoel 46 Aurhonr7 Tht sutbonty of such Raidtat A"Lruot Stcretants Attorntri4a Foci lad Atesu sbi11 bt as prescribed to the ImArvWebt Irideodt their appototme-or Any such appolotmeat and Ld authont7,mated tbertby mil be rooked st nay tlmt by the Dowd of DLrr on or by say ptrsoa ewpoRerrd I take such,tippolntmeal' TWT;power of stwocy Is slgncd and sciJcd under and by the authority of the following Raoluuoo adopted br the Boud of DLrecton of THE AMERICA. LNSURANCE COMPANY at a mating duly called and held on the]Is(day of July 1984 and said Resoludon as not ban amended or repcalod "R.ESOLVED that the sltnature of any Vkc Prendcot Assistant Stvrtul and ReAdect Ambuot Sacrcwy of this Corpondoo and the sul of th Corporation may be tilrixcd or prwtcd oo any power of attorney on any rerocauon of sny power of atiorncy or on anreerurtcate relating thertio by facslm0l aasd aey power of attorocy any rc-yocatloa of any power of stioroey or ctrufkate beano&such faauriUc srgnaturt or fac:VmZc st1t1 sl.LU be vaLd and blodln upon the Corporauon' 1N WITNESS WHEREOF THE AMERICAN INSURANCE COMPANYhas caused these prescou tobe signed by as Vkc Presideot add lu corporate sw t bchct-vntosfftxcdWs 28th day of February l! 92 THE AMERICAN INSURANCE COMPANY By STATE OF CALIFORNLI COUNTY OF MARIN Oa this 28th desrof February 19 92 ..OcfoteroepmoosQyet R D Funsworlh to roc known who being by me duly swore did depose and say that he Is Vicc President of THE AMERJCAN INSURANCE COMPANY the Corpotatlot dc3.cnbcd to and w- ocb exacutcd the abort laswmcot that he knows the seal of sand Corporauoo dial the sW afrttcd to the scud Invu=cot N such corporall " 1W LE aas so afflxcC by order of the Boud of Dvcctors of said Corpora000 and that he sigocd hit tome thereto by L'kt order 1N WTTNE-S WHEREOF 1 have bacuoto act my band and afrtxed my olfkW seal the day tiad yw badn rust above wnttm IMa111tIHlillFt+9ttretsrstslmttamrHnnrrrlrtTl OFFICIAL SEAL 1 M VANDEYORT NOTARY PUBLIC CALIFORNIA r+a•�ttiw hiMlpal Olrko In Mar1n Canty Mr G.-m-h>,+e f s)art Avg. U l ti t CE327T31 CATL 11111111191"111111(11114N(111/111111111144 1111181111111 lilt SCATS O F CA L I FO RN" COUNTYOFMARIN I theundctstgncd RafdcotAssrstintScc-rctaryofTKE AMERICAN INSURANCE COMPANY a NEBRASKACorporauoo DO HEREBY CERTIFY that the fortlotng and a ruched POWER OF ATTORNEYre,ouru 1n full force and bas cot Deco rcrokad snd lurtba-more that ArtxJe V11 Scc1loos 11 and 46 of the By IAws of the Corpo,auorl od the Raoluuoo of tbt loud of Dtrcctors act(onh In the Power of Attorncy are cow to fora. Sig,oed and wJcd sae tf r'c,un ,of Mano Datcd the 12 th day of March 1! 97 .� %,' r. K a••+ BOND N 11 4157 5198 PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Taylor Woodrow Homes, Inc. as Subdivider of Tract No. 14700 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positrons indicated on or before the date specified in said certificate: Thatsaid Taylor Woodrow Homes, Inc. (Subdivider) as principal,and THE AMERICAN INSURANCE COMPANY as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Three Thousand Five Hundred and no/100 ———————————————————————————— $ 3,500.00 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 Slate of California. IN WITNESS WHEREOF,we have executed this instrument this 12 th day of March 119 97 Taylor Woodrow Homes, Inc. as Principal By: By: THE AMERICAN INSURANCE COMPANY as Surety Owen Attorney— n—Fact v;,rt,%^_ �` C � J 809101 ATTACHMENT 311 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 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 TONE 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 NOTARIAL ACKNOWLEDGMENT STA TE OF CALIFORNIA ) 1 CITY& COUNTY OF SAN FRANCISCO ) On March 12, 1997 before me, Tracy L. Ogden, Notary Public, personally appeared N. Owens personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) n DESCRIPTION OFATTACHED DOCUMENT Bond No.: 111 4157 5198 Principal.- Taylor Woodrow Homes, Inc. ATTACHMENT 411 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND TAYLOR WOODROW HOMES INC FOR TRACT NO 14700 7 THIS AGREEMENT is entered into this 54� day of SE PTI 1M88 R 199,K by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as CITY and TAYLOR WOODROW HOMES INC a California corporation hereinafter referred to as SUBDIVIDER RECITALS WHEREAS SUBDIVIDER is the owner of a tract of land in CITY which it is seeking to subdivide into lots and to dedicate certain streets alleys and other improvements therein to public use and is about to file with CITY a map of the tract of land known as Tract No 14700 and As a condition of the approval of and prior to the recordation of said subdivision map SUBDIVIDER is required to improve and dedicate the streets and alleys and to perform certain other improvements in said subdivision and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work to agree to perform said work as herein provided and to execute and deliver to CITY bonds for the faithful performance of said agreement for the payment of all labor and material in connection therewith and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the Government Code of the State of California and Chapter 225 of CITY S Zoning and Subdivision Code NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 3/pw/g\agree\Vadorm 6/6/97 1 _ 1 GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract all conditions of the tract map not completed at the time of the recordation thereof to include but not limited to the construction of streets including excavation paving curbs gutters sidewalks trees and landscaping sewers including construction of main lines and lot laterals and structures street lights street signs construction of domestic water systems including the construction of water mains lot laterals and installation of meters engineering costs and any miscellaneous requirements as may be set forth in CITY S codes All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof and all labor and material bills therefor shall have been paid by SUBDIVIDER 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 2 3/pw/g\agreeVradorm 6/6/97 • • 4 FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred Twelve Thousand Six Hundred Twenty-eight Dollars ($212 628 00) as prescribed by Section 255 16 thereof which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map The deposit may be by corporate surety bond cash or other approved form of improvement security All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 5 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to SUBDIVIDERS employees and damage to SUBDIVIDERS property arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER including those arising from the passive concurrent negligence of CITY but save and except those which arise out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY SUBDIVIDER will conduct all defense at its sole cost and expense CITY shall be reimbursed by SUBDIVIDER for all costs or attorneys fees incurred by CITY in enforcing this obligation 6 WORKERS COMPENSATION INSURANCE 3 3/pw/g\agreeVradorm 6/6/97 • • Pursuant to California Labor Code § 1861 SUBDIVIDER acknowledges awareness of § 3700 of seq of said code which requires every employer to be insured against liability for workers compensation SUBDIVIDER covenants that it will comply with such provisions prior to commencing performance of the work hereunder SUBDIVIDER shall maintain Workers Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit 7 INSURANCE In addition to the workers compensation insurance and SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify SUBDIVIDER its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER s insurance shall be primary 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 8 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS 4 3/pw/g\agreeVradorm 6/6/97 ! • Prior to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY and 4 shall state as follows "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation " SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under the Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance SUBDIVIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required A separate copy of the additional insured endorsement to each of SUBDIVIDER s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 9 ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof each party shall bear its own attorney fees and costs 5 3/pw/g\agree\Vadorm 6/6/97 0 • IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written TAYLOR WOODROW HO E INC a CITY OF HUNTINGTON BEACH A Califon a corporatio municipal corporation of the State of California By i and E Pope Presi en By Mayor ichae Wentin Chief Financial Officer ATTEST _ City Clerk q/&t,,Ig7 REVIEWED AND APPROVED APPROVE AS TO FORM City Administrator b, flCity Attorney 4- INITIATED ANDAPPROVED G Si�X City Engineer /?,IC- 6 3/pw/g\agree\tracform 6/6/97 0 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND TAYLOR WOODROW HOMES INC a California corporation FOR TRACT NO 14700 TABLE OF CONTENTS Section Page 1 General Street Construction 2 2 Arterial Highway Improvement 2 3 Guarantee 2 4 Faithful Performance and Security 3 5 Indemnification Defense Hold Harmless 3 6 Workers Compensation Insurance 4 7 Insurance 4 8 Certificates of Insurance Additional Insured Endorsements 5 9 Attorneys Fees 5 7 3/pw/g\agreeVradorm 6/6/97 ATTACHMENT 5 06/17/97 T1F 14 28 FAX 415 SlAft53 AonRiskServices a 9 7 /` -' I� L 1 11 ACUR ON 11 !9- pRoouaiq THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAf1 1JI ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFl= a Aon Risk Svcs Inc of No Cal HOLDER THIS CERTIFICATE DOES NOT AMEND EXTE�1 0� One- Market / ALTER THE COVERA09 AFFORDED BY E O weirS SEI-n-V Spear Street Tower Ste 2100 /a0 [/o _ CQ RAN1ES AFFORDING COVERAGE � San Francisco, CA 94105 T T COMPANY Royal Indemnity Company 415-543-936024 IN®UNZa COMPANY Taylor Woodrow Homes, Inc j COMPANY 24461 Ridge Rouce nrive eANY Laguna tlilla CA 92653 CaMPaNr zr E �TMiS 15 To CERTIFY TIKAT 11iE PC=IES OF INSUPAINCE LISTED BELOW HAVE SEEN IS5UVD TO THE INSURED NAJAEb ABOVE POP THE POLICY PE r Co INDICATED NOTWITHSTANDING ANY R£QUIREM£NT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T`II, CERTIFICATE MAY BE HUED OR MAT MTAIN TtJE INBURAW-F.APFOROED BT TKE POIJCIEB OESDa1BED"EREJH IS SuafECT TO ALL,THE TT9 ,- EYZLUSIONS AND CGNOITIONS OF SUCH POLICIES LIMM SHOM MAY HavE BEEN REDUCED BY PAID CLAIMS OQ I TV OR eSUR/ tCe t"D4CT NI271504 Rr ama" I L�8 LTAI OTE oENMALUARIUW 1 I I IeENCB!A6 A�IIiATg s lOnpnnp- X"COA MERCIAL GENERAL LL&W-IITY RITI 730911 ! 3/01/9 7 3/01/9 8 PROOUCTS COMPAP A30 9 A ��CLAIMS MACt �o=u" RIBA 201105-02* 3/01/97 3/01/98 PeasoNAL&AWINJURY % _a4NER s A CADWRACTOP5 PltGT EA A OOCUAA£NUE i FIRE DAM&OF(AM a W Ike) S 1 n-n j n(1 ur.Mmuau LSA9ILfYT ANY AUTO i =MBINSO SINGLE LIMB S —� ALL OWNED ALrt= f OODILr KJURY S I (Per wean) ! �6J:HBOut.:a ALrtOs HIRED AUTOS APPRO1r7P 43 ^0 FCC"J� SCOSLYINJUAY Is r+oNamveo ALRCc GI TT n I I ) C T 1 Y �1 1r PROPCRTr bAaAGE S 6'MO8 ua*"L rf F AUTO ONLY r-A A=10 Nr S W ANY AJ,rro L 'fit or a OTHER THAN AI,lTO EACH AC.=ONI f AGORL3ATE G`LCE88 UA91UTr EAMM OCCtJRAeIGE S UM9AELIAFOPM AdGREGATE OTHER THAN UMB14CUA FOPAI I i � 'r n WG STATU OTW� � � WOGIAER9 COMPENSATION ANO J E v L I I I P ED `X I Tr7Ar I iu1TC 1 ca I�_` EMPLOYEM UAG&MY I IEL2ACHAcc1DEN1 i inrnn�ln THE PROPRIEMAf I EL 0155A$E PINJCY LIMIT R 1 Il n A PAATNEg8(tXECUT1VF_ rcJ_ R I C 7 3 0 E 41 1/O 1 J 9 7 11/O 1/9 8 OFFICEAS AAE E7101- ELDISEASF, EA EMPI YE OTHER 1 DUCAIPTION of OOERATIOMSJLOCATIONZVErdXMPPCIAL rMUG *Producrs/Completed Operations Limics in excess of Self-Insured Retention In connection with Tract #14700$ 0�7j See attached Additional Insured Endor a Ent t Jr"0 P5. .x .-. L a Tt � ONO%" ANY OF THE A86VE CSSCRIaED POUCES DE CAMCELLZC BRIKR_SNP City Of Huntington Beach EXPIRATION aATa TNEAC09 TH9 MSUIllo COUPAMY Wlu. aeMK4%W=-TM wL 2000 Main street -40 vLva.mwim MOTICE TO THE CERTIFI4TR HOLDER NAMED to THE L�" Huntington Beach, CA 92648 KIQitX&' 1. e Wn AUTwoN¢EO R1EPgEsa.J•rf 812 d d0 S3WOH NOaG00M d0-1),dl WdLb T 1 26 S2 `nd eb-tA Y 06 17/97- TUE 14 38 FA-1 415 51 53 AonRlskServlces OOL.ICY NUMBER RIW 730811 COMMERCIAL GENE XL L ABILITY RHA 201105-02 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization CITY OF HUNTINGTON BEACH, ITS AGENTS OFFICERS AND EMPLOYEES (If no entry appears above information required to complete this endorsement will be shown in the declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Scheduie but only with respect to liability arising out of your work'for that insured by or for you RE TRACT NUMBER 14700 CG 20 10 11 85 Copyright Insurance yZervices Office Inc 1984 8/8 d d0 S3WOH NOdGOOM W-1AUi Wd8b TT Z6 SZ 5nu /";'E Y--ez &0 Tie. �- RESOLUTION NO 96-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF THE STREET NAME OF CLAY AVENUE TO SUMMIT DRIVE FROM GOLDENWEST STREET WEST TO SEAPOINT STREET WHEREAS the Fire Chief has recommended that the street name of Clay Avenue be changed to Summit Drive from Goldenwest Street west to Seapoint Street adjacent to Tentative Tract#14700 The Huntington Beach Fire Department has approved this recommended name change and This change is in keeping with the city s Master Street Designation Plan NOW THEREFORE BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby repeal Resolution No 96-32 A Resolution of The City Council of the City of Huntington Beach Providing for the Change of the Street Name of Clay Avenue to Summit Drive BE IT FURTHER RESOLVED that the City Council of the City of Huntington Beach does hereby change the street name of Clay Avenue to Summit Drive from Goldenwest Street west to Seapoint Street BE IT FURTHER RESOLVED that the City Clerk pursuant to Government Code Section 34092 is directed to forward a copy of this resolution to the Board of Supervisors of Orange County California PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of July 1996 ( _ :. %- ayor ATTEST e�g� APPROVED A7 FORM City Clerk /f Fore -ir7Md City Attorne aREWED A D PROVED I N I TI 11 �TED AND APPROV D City Administrator 0 Fire Chief 1 J M P/j m p/st n a m e s/08/14/96 w Res No 96-60 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15 t h day of July , 19 96 , by the following vote AYES Councilmembers Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES Councilmembers None 413SENT Councilmembers Dettloff City Clerk and ex-officio Clerk of the Gity-Council of the City of Huntington Beach, California w 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date October 23 1996 First American Title Insurance Company 115 E 5th Street Santa Ana California 92660 Attention Janis Okerlund Regarding Tract Map No 14700 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Bruce Crosby Department of Public Works P O Box 190 Huntington Beach CA 92648 Sincerely Connie Brockway CIVIC City Clerk CB jc Enclosure Received by V,) U t 0 S /7 wC���'S Dated g Vollowup\tractmap (Telephone 714 536 5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE '6 Zf) �P FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO �I 00 PARCEL MAP NO PARK AND RECREATION FEES PAID YES $ ❑ NO OTHER 1 2`y &I for o %ard Zelefsky Planing Director • AUTHORIZATION OF MAP RELEASE TO TITLE CO TO Christine Cleary Deputy City Clerk FROM Bruce Crosby Civil Engineer Assistant DATE October 23 1996 TRACT NO 14700 TITLE CO First American Title Insurance Co 114 E 5th St Santa Ana Ca 92660 PHONE NO (714) 558-3211 TITLE OFFICER Janis Okerlund I hereby certify that all Public Works fees bonds agreements and insurance requirements have been complied with Bruce P Cr by 21877 I �� JUN-03-1996 13 23 FROM PHH COSTA MESA TO 7291214 P 02 lb .ems ONLY YID CONFEM NO RIGKn IRON THE CVtTVV_-ATE Rio I l i ns Hud i g mail HOLDQ T748 COtTFICCATE DOES NOT AMEND EXTEND OR of Southern California Inc ALTO TW CO VERACT' AFi:OROED BY TFE POUC30 BELOW 695 Tow" Cantor Drive $te 500 CO s AD C—OVERACE Costa Meta CA 22A26 mMPAW -714-641-1155 A Inyettors ImiturancePi sn GAPAArr PLC A Calif Gan Partnership B (Sea Attached) cohpAri 2.3 Corporate Plaza Suite 250 C Newport Beach CA 92650 CCAVawr D 'COVERA_6_F3 .o .o3,.a�.:,c..Y"...eF,..,...'7 Yon.w--�r',a+. a7d....ni .r�:a.rT�..�..' .�sweiL<ti'u�.�i'�'�`."�'.L.i�..�`.�r`,.�s�.ao.�av�3•..--_ -Fes �1S..a� � TH�SIS7OCERTiFYTHAT7I{POLL:ESOFrYSURANCE LISTED BELOWHAwEREENSSUED10TfCk4L EONAMEDAOOVEFORT►EPOLICYPEROD P0CATED NOT WIT HST ANOINGANYREOLJREMENT 7EWORCONDTIONOFANYCONTAACTOROTtEROOG%.t.IENT WIT HaESPECTTOWHCNTHrS CERTrFICATE►JATBEaSSLJE002MAY PEAT AN THE WSLRANCEAFFORDEDBY THE POLCESDES 0HERENSSLSXCTTO ALL TrETEWS EXCLUSION$AND CO?OTJONS OF SUCH POLICIES LMTS SHOWNMAY HARE BEEN REDUCED BY PAD CLAMS T1*Ear ItSM& M ,eL.WrIm m DOLMT p'r!>oTTr'E /101.0TmMAT `�� LTD CUTt(mmoo rh DATE(MbAWTV) 004CRAL LLwLrTT A03WMTE 1 a A 7y C0b1'8�0ALCF_#1EPALLL%ftIrY 1001999 6/09/26 S/09/97 °q=5=hP1CP A00 1 ClA186 VACE E CC CLA POWMAL t AOy IkAJTf Is p 0wr13rS L C,>VMhCKX PROT EACH OCCLS*CXX 1 0 FITS DUAKE(AM as*.) 1 MED E)P(Ary ss P~4 t AvrerOa�Luatiarr► (111191ED SMOLE LIMIT 11 ArY AUTO + ALL OWWM ALITCS B=Y WARY 1 SDIED .D AUTOS (P+ Do-) ►sue Axw I gcmy IiLARY i0+►aTrIED AUTOS (p" smdrQ DiaS�tY DarrCE 1 GAGhm LIA&U T WM ONLY EJ aC=ill I &W uno ONO TPAX uaO ORY ECH ACCIXwt t A03WMTE 1 EtaQSLIA+➢a.rn EACH CCCU EKX 1 w6;ELL.FCRV At710ATE is OtfVt TTTAq UtNISIELLJ FORM 1 V0012 is ookwMaTwo A+e STATUTORY Lusts II WLo toerLAOLn'► EIOH ACCTCEKT 1 RE FCCPQCTCPJ ITn DISEASE PM CY LIMIT 1 DAfrT1�S/EO�(31TTYE CFFKXM "C V= DISEASE EACH EbPLCYU 1 1 arr►ial { All Operations of the Naeed Insured City of Huntingtol+ Beech Its agents officers and employees are named as Additional In urled per thq attache ����C.$i"Y,� - +rcn'�.,�'� ,�..:F"•>«,y "`T}'�.l",i''aV,�,,; 1,`q'fQf M� ,n. ..�.i' ` aif>Qio ain 0/YM ANIM DESMo rOLMM'f me C"71•m MT/OMT 7w opmar I Dili Txwww Tw Mono Dow", waL—aua. City of Huntington Beach 30 "Ye warts''MTM TD 7m ot>Mrw=TE mujw ptl11110 Te TTat LwT 2000 Main St Huntington Beach CA 9ZS48 i754D7000 I _ � �� ..!'�illl�ar � L..r�i i kSJ xi r "ft� r�°"x I��,e'� R,SuI�✓h..vna"x i-.0 R`l'��fT� ,L. ka ,. 1 I By JUN-0�-1996 1:5 TO 7291214 P 03 24 FPOM RHH COSTA MESA Named Insureds PLC, a California General P=ership PLC Holdings a California General Partnership T/L Hunnn&gon Beach LLC, a Delaware Limited Liability Company PLC Land Company, a California Corporation (Management Co ) ni c information is inrenaed for quick re/erence only Please read)our pohcv for specific detaAr conditions exclusions and warranties not included!herein PICW69'dc►v cI .hsrc pikJand ROL UNS HLLVC hALL JUN-03-1996 13 24 FPOM RHH COSTA MESA TO 7291214 P 04 POLICY NUMBER 1001998 COMMERCIAL GENERAL UABIUTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Huntington Beach, its agents, officers and employees am Main St Huntington Beach, CA 92648 (if no entry appears above information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement ) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your worts for that insureo by or for you CG2010 JUN-03-1996 13 25 FROM PHH COSTA MESA TO 7291214 P 05 POLICY NUMBER 1001998 COMMERCIAL GENERAL LIABIUTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days aQ (If no entry appears above information required to complete this endorsement will oe shown in the Declarations as app`icable to this endorsement ) Paragraph 2 of CANCELLATION (Common Policy Conditions) is replace by the following 2 We may cancel this Coverage Part by railing or deiivenng to the first Named Insured written notice of cancellation at least a 10 days before the effec'rve date of cancellation if we cancel for non payment of premium or b The number of days shown in the Schedule before the effective ante of cancellation if we cancel for any other reason CG02121185 Council/Agency Meeting Held /9 Deferred/Continued to �/ 1��� l�y�.6� ��✓ I1 Approved ❑ Conditionally Approved ❑ Denied City Clerk s Sigl ature Council Meeting Date August 19 1996 Department ID Number CD 96-38 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administra r PREPARED BY MELANIE S FALLON Community Development Director^ 'A-[ SUBJECT FINAL TRACT MAP NOS 15087, 15088 and 14700, PORTIONS OF TENTATIVE TRACT MAP NO 14700, WITH BONDS AND AGREEMENTS (PENINSULA II) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment's) Statement of Issue Three final maps for 83 single family residential units of Tentative Tract 14700 (Peninsula II a 389 single family residential unit subdivision) located south of Summit Drive between Seapoint and Goldenwest Streets are being submitted to the City Council for approval These maps represent the last three phases of the project Funding Source Not applicable Recommended Action Motion to Approve Final Tract Map Nos 15087 15088 and 14700 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements Findings for Acceptance of Final Map 1 Final Tract Map Nos 15087 15088 and 14700 are in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 14700 conditions of approval as approved by the Planning Commission E ( 0 REQUEST FOR COUNCIL ACTION MEETING DATE August 19, 1996 DEPARTMENT ID NUMBER CD 96-38 Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file the following bonds with the City Treasurer a Faithful Performance Bonds and Labor and Material Bonds as presented in Attachment No 6 b Monument Bonds as presented in Attachment No 5 3 Instruct the City Clerk to not affix her signature to a given map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for that 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 Subdivision Agreement Alternative Action(s) The City Council may make the following motion A Deny Final Tract Map Nos 15087 15088 and 14700 and not accept the offer of dedication improvements and bonds " CD96 38 DOC 2 08/07/96 7 43 AM REQUEST FOR COUNCIL ACTION MEETING DATE August 19, 1996 DEPARTMENT ID NUMBER CD 96-38 Analysis A PROJECT PROPOSAL SUBDIVIDER PLC 23 Corporate Plaza Ste 250 Newport Beach CA 92660-7912 ENGINEER Walden and Associates 18012 Cowan Suite 210 Irvine CA 92714 LOCATION South of Summit Drive between Seapoint and Goldenwest Streets ZONE Holly Seacliff Specific Plan (Residential-Low Density-7 Units per Acre) GENERAL PLAN Low Density Residential MAP SPECIFICS No of Lots Final Map No No of Acres Numbered Lettered No of Units 15087 7 471 31 5 31 15088 85081 38 6 38 14700 6 911 14 5 14 Total 2289 83 16 83 DISCUSSION On March 15 1994 the Planning Commission approved Tentative Tract Map No 14700 for construction of a 397 detached single family unit project A revision to the tentative tract map was approved by the Planning Commission on March 12 1996 reducing the number of units by eight for a total of 389 units Final Tract Map Nos 15087 15088 and 14700 represent the last three phases 83 units of the project (On July 1 1996 the City Council approved Final Tract Maps for the first 10 phases 306 units of the project ) The subdivider has satisfied the Park and Recreation requirement through use of land dedication credits of 1 24 acres within the Bolsa Chica Linear Park An affordable housing plan for the Holly Seacliff Specific Plan area stipulates that the project contribute to the requirement that affordable housing units equivalent to 15 percent of the total units be provided in the Holly Seacliff Specific Plan area The requirement for Tentative Tract Map No 14700 is 58 affordable units Per the affordable housing plan these units must be CD96 38 DOC 3 08/01/96 9 11 AM REQUEST FOR COUNCIL ACTION MEETING DATE August 19, 1996 DEPARTMENT ID NUMBER CD 96-38 provided after certificate of occupancies have been approved for 500 market rate units throughout the Specific Plan area The final maps have 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 Nos 15087 15088 and 14700 is exempt from the requirements of the California Environmental Quality Act Section 15628(b) On January 9 1990 the City Council approved Environmental Impact Report No 89-1 for the project itself Attachment(s) City Clerk"s Page Number 1 Area Map 2 Tentative Tract Map No 14700 3 Tentative Tract Map No 14700 Findings and Conditions of Approval 4 Subdivision Agreements for each Final Map 5 Monument Bond for each Final Map 6 Faithful Performance Bond and Labor and Material Bond for each Final Map CD96 38 DOC -4 07/29/96 10 56 AM f ff A UE i 1 I t I \ ct w � y '�c L -p,TVfff`VVV � y GOLFACLIFF COURSE I In /" \ 1'S 1 d n GOLF SEACILIF 4 — \ k -1 °CIS _ N SEACLIFF GOLF COURSE LOEH k u+.N m w� PHASE YAP ew r SSOCfATES � FOR x� u- TENTATIVE TRACT NO 14700 PENINSULA Il a RE ISIMS •••• �,� ", •••• •••• 1 I/ LAR(ICLD =Z AVCH.0 — — y 4 O � \ � Noi P Ri 14 \ _ q GY 71 RZ � y 6 L6 A- 1 F" TRACT NO 14700 29 as � Y es ia, as Is SE oo Q � n i A KLUEN h GQ"1POSIfF REVISED fEN1AiIVC 114P "'41 SSOCI TES TRACT NO 14700 PC o- �] NINSL"II m u ,1 W i a 9S SE airr PARTNCIPS L W MKINGTON BEACrf GAL".IA T t • II �-- Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92648 Nlarch 15 1996 Seaciin Partners 23 Corporate Plaza Drive Suite 2�,0 Newport Bedch CA 92660 SUBJECT REVISION TO TENTATIVE TRACT NO 14700/CONDITIONAL USE PERI\7IT NO 93-39/COASTAL DEVELOPMENT PERMIT NO 93-23 (PENLN SUL a II) PROPERTY Pacific Coast Hones 23 Corporate Plaza Dnve Suite 250 Newport Beach OWNER CA 92660 REQUEST Re\ise Tentative Tract No 14700 Ahicn is a 397 lot resiaential subdivision and reduce the total number of lots by eight which will result it a 389 lot subaivision LOC ATIO\ A oorox nately 1500 feet southNN es+ of Garfield enue and Goldenw est Street DATE OF ACTION \larch 12 1996 Your application was aced upon by Lhe Planning Comrrds,,ion of Lhe Ci y of Hunt ngton Beach on 1\4arch 12 1996 and your request Aas Conditionally Approved Attached to Lhis letter are Lne Condition, 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 in relation to the ,icinity in which it is proposed The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdi,,ision Ordinance requirements It is recommended that �ou 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 of�our total application (pccl0�0-13) Under the provisions of the Huntington Beach Ordinance Code the action taken by the Plan-rung Commission is final unless an appeal is filed to the City Council by you or an interested party Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrie"ed Said appeal must be accompanied by a filing fee of twelve hundred (S] 200) dollars and be submitted to the City Clerk s office within ten (]0) days of the date of the Commission s action In your case the last day for filing an appeal and pa}ing the filing fee is March 22, 1996 Pro\isions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval unless actual construction has started Sincerely Howard Zelefs", Secretary Planning Commission by Scott He�1*1 Senior Planner Attachment Findings and Conditions of Appro\al (pcc1050-14) FLNDYNGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT NO 14700R/ CONDITIONAL USE PERMIT NO 93-39RJ COASTAL DEVELOPIl1ENT PERMIT NO 93-23R FINDINGS FOR APPROVAL - CONDITIONAL USE PER't1IT NO 93-39R 1 The approN al of the re-,ision to Conditional Use Permit No 93 39R v i11 not be detrimental to the general welfare of persons %N orking or residing in the vicinity or detrimental to the "alue of the property and improvements in the neighborhood because the subdi-%ision and the rep ision to delete eight lots NN ill increase the buFer area adjacert to the golf source and ,'le Esta,es projec, located ,o the south 2 Conditional Use Permit No 93 39R v ill be compa,ible voth surrounaing uses because the surrounding existing residential housing is single family detached 3 The revised 389 lot subdi%icion v ill comply Naith the provis,ons of Planning Area III of,he Holly Seacliff Specific Pear, and e,her apn>>cable pro%isiors in Titles 20 25 of the Hunti Eaton Beach Zoning and Subdi-\ision Ordnance Concitional 'Use Permit No 93 39R for not ad,,ersely affect the General Plan It is consistent voth the Land Tice Element designation of Low Density Residential In addition it s consistent v,ith the folloxving goals ane policies of the General Plan a Housing Element �%Aich regwrec a mix of houcirg tNpes and affordable housing b Circulation Plan n the Folly Seac'iffVas,er Dlan and the Hollv Seacliff Specific Plan wlvch is the svc,ematic execution of,he General Plan FLNDLNGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT 10 93-23R 1 The development project as proposed or as modified by conditions of approval conforms with the General Plan including the Local Coastal Program because the revised subdivision conforms to the Holly Seacliff Specific Plan 2 The project is consistent %N uh the requirements of the CZ Overlay District the base zoning distnct as ,,,ell as other applicable pro,,isions of the Municipal Code 3 At the time of occupancy the proposed development can be provided voth infrastructure in a manner that is consistent N\lth the Local Coastal Program All required infrastructure improvements voll be pro,,ided as required b� the Holly Seacliff Specific Plan (pcc1050 15) 4 The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act The proposed subdivision is located 300 feet away from the water and is not required to provide lateral or vertical access to coastal resources FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO 1470OR 1 Tentative Tract Map No 1470OR is consistent with the General Plan and conforms to the Holly Seacliff Specific Plan 2 The 108 acre site is physically suitable for the type and density of development A mass grading plan has been issued which will modify the terrain and create proper drainage for the subdivision The design of the subdivision and the revision will not cause serious health problems or substantial environmental damage All potential impacts have been addressed by Final Environmental Impact Report No 89-1 3 That the design of the subdivision will not conflict with public access easements Public access to coastal resources is not required CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO 93-39R 1 The site plan received and dated December 25 1995 shall be the conceptually approved layout 2 All previous conditions of approval shall remain in effect 3 Drought tolerant landscaping materials shall be used in common landscaping areas subject to the requirements of the Landscape Division CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO 1470OR 1 The tentative tract map received and dated March 1 1996 shall be the approved layout 2 All previous conditions of approval shall remain in effect 3 All curb grades shall be 0 50 % nunimum 4 No cross gutter shall be permitted on clay Avenue at C Street 5 Lot C shall be designated as a recreational open space lot Lot C shall either a Be con\eyed to the owner of the adjacent Seacliff Country Club for use as part of the evsting golf course or b Be restricted to prohibit residential development in the subdivision s covenants conditions and restrictions (pcc1050-16) Huntington Beach Planning Commission J� --------------------------- P 0 Box 190 Cahforma 92648 Date March 18, 1994 NOTICE OF ACTION Applicant Seacliff Partners, --)20 Broadv.av Suite 100, Santa Monica, CA 90401 ub ect CONDITIOINAL USE PERMIT NO 93 39/TENTATIVE TRACT NO 14700/ COASTAL DEVELOPMENT PEP-NUT NO 93 23 Your application ,N as acted upon by the Huntington Beach Plan c'; Commission on Marct 15 1994 and N our request «as VVI T H D RAVVIT -kPPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED T A.BLED CONTINUED UNTIL Under the prop isions of the Huntington Beach Ordinance code, the action taken by the Planrung Commission is final unless an appeal is filed to the City Council by )ou or an interested party Said appeal must be in wasting and must set forth m detail the actions and grounds by and upon ,Ahich the applicant or interested part) deems lumself aggne,,ed Said appeal must be accompanied by a filing fee of t-\�el%e hundred (S 1200) dollars and be submitted to the City Clerk s office «ithin ten (10) da)s of the date of the Commission s action In }our case the last day for filing an appeal and pa}ing the filing fee is March 2>. 1994 Pro,,isions of the Huntineton Beach Ordinance Code are such that an) application becomes null and %oid one (1) ear after final appro\al unless actual construction has stared (pcnao0 4) Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92648 March 18 1994 Seacliff Partners 020 Broadway Suite 100 Santa Monica C a 90401 SUBJECT CONDITIONT�kL LSE PERMIT NO 93 39/TE\T-%TIC E TRACT \O 14700'COASTA-L DEVELOPMENT PER-MIT"i",O 93 23 REQUEST Subdivide a-i 108 acre parcel into 397 residential lots »ith common areas for prig ate streets and landscaping the request also includes a request for a 1--)3 unit densitti transfer from Planning Unit 111 2 to adjacent Planning L nits LOC ATIO\ -%pprovmate1N 1 D00 feet -,outa%�eqt of the intersecLto*t of Garfield A,,enue and Gotden%�est Street D aTE OF ACTION March ID, 1994 FI\DINGS FOR -kPPROVAL CONDITION AL L SE PERNTIT NO 93 39 1 The proposed 397 lot residential subdi,,ision \�tth the conaltlons imposed -,rill be compatible ,A7th adjacent uses oecause of compliance %Nish the mttlgatlon measures in Final En%ironmental Impact Report No 89 1 and the Holly Seacliff Specific Plan All identified significant impacts have been mitigated with conditions 2 The establishment of the 397 lot residential s ibdi%iston v ill not be detrimental to the general v,elfare of persons ,,OTking or residing in the %icinity and detrimental to the "clue of the pror)ern and impro%ements in the neighborhood The ele,,attons and size of the proposed d,Aellincs are -imilar to e\istir2 netchborhooes 3 On site parking and circulat)on are adequate for the prepo,;ed 397 lot residential subdi,,ision and does not ha\e �e potential of creating co;,ge<<ion and ci-culation hazards The circulation conforms to the Ho11% Seacliff Sp-,-itit- Plan (pc,100. 6) Conditional Uqe Permit No 93 39/ Tentatn e Tract No 14700/ Coastal De%elop-nent Permit ',,o 93 23 Page Tv o 4 Ingress and egress to the site does not ha,,e the potential of creating additional traffic impacts to the intersections along Goldenv,est Street G-rfield ANenue Seapointe Street and Cla% Street The Holly Seacliff Specific Master Plan anticipated the le,,els of sere ice generated by the proposed subdi,,ision The granting of Conditional Use Permit No 9-' ;9, Tentati\e Tract No 14700 and Coastal De,,elopment Permit No 93 23 for a 397 lot residential subdi,,ision \\ill not adN erse]N affect the General Plan of the City of HunLinaLon Beach The density, circulation product ripe and pn,,ate open space implement the goals and policies of the General Plan 6 The densivl transfer of 1 D3 units from Planning L nit 11I 2 to adjacent Planning L nits detailed in attached table is consistent «ith the pro\isions of the Holly Seacliff Specific Plan the ma-mmum density permitted by the Hollr Seacliff MaSLer Plan and the maximum density permitted b-, the Cit\ s General Plan FIN-DI\GS FOR APPRON AL - TENT-kTIVE TRACT "%IAP NO 14 700 1 The size depth frontage street %iidth, and oiner design features of the proposed subdiN ision fora 397 lot residential subdi-,ision are in con-Lhance ,,.ith the standard plans and specifications on file %\iih the Cir} as ,yell as in compliance «ith the State Subdi\ision Map Act and the supplemental City Subdi%ision 0 dirance 2 The propemT «as preN iousl} studied for this mtensit} of land use at the time that the General Plan designation of LOAN Density Residential (-1 7 units per gross acre) 3 The General Plan has set forth pro,,isions for Lo" Density Residential as Aell as setting forth objecti-,es for the implementation of this type of use 4 The site is relati%e1N flat and ph)sicall) suitaoie for the proposed density of 3 7 units per gross acre Tentati,,e Tract Map No 14700 for 397 lot residential subdi%ision is consistent �Nith the goals and policies of the Huntington Beach General Plan (pcc1004 7) Conditional Use Permit \'o 93 39/ Tentative Tract No 14700/ Coastal De%elopment Permit \o 93 23 PaQe Three FINDINGS FOR 4PPROV-kL - COSTAL DEN ELOPMENT PERMIT NO 93 2; 1 The proposed 397 lot residential suodi\ision conforms «ith the plans policies requirements and standards of the Huntington Beach Coastal Element of the General Plan because the proposed subdi,,ision complies «ith the de,,elopment standards of the Holly Seacliff Specific Plan 2 Coastal DeN elopment No 93 23 is consistent «ith the CZ (Coastal Zone) suffix, the Holly Seacliff Specific Plan as of ell as other pro,,i�ions of the Huntington Beach ordinance Code applicable to the propei-ty -kt the time of occupanc,. the proposed 397 lot residential subdi,,ision .,,ill pro%ide infrastructure in a manner that is consistent %N ith the Huntington Beach ordinance Code applicable to the propert-\ 3 At the time of occupanc,, the proposed 397 tot residential subdn ision NN ill pro"ide infrastructure in a manner that is consistent «ILh the Huntington Beach Coastal Element and Coastal Land Ure Plan of the General Plan A ccess, utilities se«er and building heights «ill be proN ided as require b} the City, the Orange County Sarutation District and the Holl`- Seacliff Specific Plan 4 The proposed 397 lot eubdi\ision conforms N� th the public access and public recreation policies of Chapter 3 of the California Coastal act The proposed subdiNision is located 300 feet av a} fro-n the \�ater and is not required o proN ide -,ertical or lateral access to coastal resources CONDITIONS OF APPRO'AL -CONDITION AL USE PERMIT NO 93 '39 AND COASTAL DEN ELOPMENT PERMIT 1\O 93 23 1 The site plan floor plans and elevations and dated received March 4 1994 shall be the conceptuall} appro\ed lad out v,ith the folloN�ing modifications a Include remnant of Clav Street as a common landscaped area b Pro,,ide a minimum 1 o foot \N ide landscape eaeement adjacent to Cla,, Street and Seapoint Street c Re\iqe lay out PUT-uant to E\hibit % and Exhibit B (attached) dated March S 1994 (-)C-Ctnoa s) Conditional Use Permit No 93 39/ Tentative Tract No 14700/ Coastal De%elopment Permit No 93 23 Page Four 2 Prior to submittal for building permits the applicant/owner si-iall complete the folloN\1ng a Submit three (3) copies of the site plan to the Planning Di.ision for addressing purposes if street names are necessan, submit proposal to Fire Department for rep ie%v and appro,,a] b Depict all utility apparatus such as but not limited to back flov, deN ices and Edison transforms, on the site plan They shall be prohibited in the front and exterior 3 and setbacks unless properly screened by landscaping or other method as appro-%ed by the Communit) De%elopment Director c Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dry ers natural gas shall be stubbed in at the locations of cooking facilities «ater heaters and central heating units and lo%N N olume heads shall be used on all spigots and v ater faucets d If foil t,pe insulation is to be used a fire retarding t-,pe shall be installed as appro\ed by the Building Department and indicated on the floor plans e Structures on the subject propem \\hether attached or detached, s}iall be constructed in complia,ice Aith the State acoustical SLandsrds set for h for uiuts Lhat lie Aitlun the 60 C'-\EL contours of the property E%idence of compliance shall consist of submittal of an acoustical anal)sis report, prepared under the supers ision of a person experienced in the field of acoustical engineering A ith the application for building permit(s) f EleN ations shall depict proposed colors and building materials Or An,, areas %�ithin the Alquist Priolo special studies zone must be in.estigated prior to issuance of any permits The completed geotechnical report including reconunendations for the acceleration to be used for designing the structures on the site or a statement that the adopted Uniform Building Code is adequate for the seismic design of the structures on the site shall be submitted to the Public %corks Department The Public %corks Department v> ill obtain an independent anal,,sis of the completed geologic report The cost of this anak sis N\ill be paid bN the applicant \%lien the report has been amended to the satist3ciion of the Public \corks Department the Cit, %gill file the report \\ith the State Geologist Construciion dra\N ings along v iih calculations and approN ed geologic report shall be submitted to the Building Di%ision of the Department of Conununit} Department to complete the permit plan reN iev, (ncc1004 9) Conditional Use Permit No 93 39/ Tentatn e Tract No 14700/ Coastal De,,elopment Permit \0 93 23 Page Five h An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth mo\ement for the subject property All structures ,�ithin this development shall be constructed in compliance %pith the g factors as indicated b} the geologist s report Calculations for footings and structural members to \�ithstand anticipated g factors shall be submitted to the City for re,,iev, prior to the issuance of building permits i The site plan shall include (or reference page) all conditions of approval imposed on the project printed N erbatim 3 Prior to issuance of grading permits the applicant shall complete the following a Submit copy of the reN ised site plan floor plans and ele-,ations pursuant to Condition'�'o 1 for re,,iew and appro-,al and inclusion in the entitlement file b A landscape Construction Set must be v,_b-nitied to and appro�ed b} the Dep ;`Lments of Commuruty De,,elopment and Public N�orks 1 The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Arclutect and NNhich includes all proposedlexisting plan materials (location ripe size quanLIL%) an irrigation plan a grading plan an appro,,ed site plan and a copy of the entitlement conditions of approval Irrigation demands shall be submitted to insure proper irrigation sen ice sizing and the landscape plan shall include drought tole-ant plants and turf for all common area landscaping 2 The landscape plans shall be in conformance ,,pith the Holly Seacliff Specific Plan and Section 9608 and of the Huntington Beach Ordinance code The set must be appro,,ed b) both departments prior to issuance of building permits Any e\isting mature trees that must be remoNed shall be replaced at a 1 to 1 ratio with minimum 36 inch box trees ,Nhich shall be incorporated into the projects landscape plan c A grading plan shall be submitted for re% and appro,,a] A plan for silt control for all eater runoff from the property during construction and initial operation of the project ma% be required it deemed necessar% b% the Director of Public N\orks d The applicant shall obtain a National Pollutant Discharge Elimination SN stem for construction acts%ities from the Regional \%ater Quality Control Board E-,idence that the permit has been obtained shall be submitted to the Cit,, Engineer (pcc1004 10) Conditional Use Permit No 93 39/ TentatiN e Tract No 14700/ Coastal DeN elopment Permit No 93 23 Page Six e A detailed Boil anal,,sis shall be preparea b) a registered engineer and shall be subject to appro,,al of the Department of Public \' orks 4 Prior to the issuance of building permits the follo«ing conditions shall be complied "pith a The Final Map for that phase shall be accepted b,, the City Council, recorded "N ith the Orange County Recorder and a cop} filed ��iLh the Department of Commuruty DeN elopment, except for model home complexes b The configuration of the securirn gates s�all be subject to the approN al of the Public Works Police Fire and Community DeN elopment Departments c For an,, site plans that include architectural featL-es encroaching into sides and se,back areas, Code 4mendment'No 93 10 shall be -ppro,,ed by Lhe City Council and in effect D Prior to the final inspection of the first unit of er-ch final map a The traff c impact fee s}iall be paid for t',e entire tract or appro,,ed phase in accordance v,ith DeN elopment Agreement No 90 1 prior to the release for occupancy of the first unit of each phase b A reproducible molar copy of the recordea final map along v ith a digital graphics file of the recorded map shall be submitted to the Department of Public Works c All Land-,capino of common areas for each phase shall be completed 6 Fire Department requirements areas follo�\s a A Fire Protection Plan pursuant to Fire Department Specification =426 will be required prior to release of building permits b Adequate turning radius minimum 17 foot b,, 4--) foot must be pro%ided for turnarounds intersections and corner to comply \Kith Fire Department Specification r401 c All road\\a\s \\hick are less than 40 feet \\ide must be posted as fire lanes and must ha\e no parking areas posted pursuant to Fire Department Specification :'41 � d Apprommaiely 29 fire h\drants voll be required rnr i00-1 1 i) Conditional Use Permit No 93 39/ Tentati,,e Tract No 14700/ Coastal DeN elopment Permit \o 93 23 Paee Sep en e All units haN ing a gross square footage o, , 000 square feet or greater must ha%e autornoti%e cprinl.lers in,talled f Uruts on all flag t}pe or other lots -,,hich may hinder Fire/Reccue access must be automatic sprinklered unless fire equipment access requirements ha\e been approN ed by the Fire Department and are proN ided pursuant to Section 10 203 and Section 10 205 of the 1991 Uniform Fire Code g Building address numbers for each unit must meet Fire Department Specification =428 h Prior to release of building permits all measures for compliance of oil methane and en,,ironmental issues must be completed o,. phase per Fire Department Specification =422 429 and 431 7 A.11 building spoils such a unusable lumber ,N ire pipe and other surplus or unusable material shall be disno�ed et at an o * site r-cilm equipped to handle there 8 Pn,,ate open space/N ie%N corr dors, for Lhat phase, shall be de,,eloped and a%ailable for IhomeoN ner s use at e0 percent occupanc\ for each phase 9 During consL-uction the applicant sh,.il a Use w ater trucks or sprinkler s)stems in all areas A here -,elucles tra-,el to keep damp enough to pre,,ent dust raised N' hen lea,,ing the site b Wet down areas in the late morning and after work is completed for the day c Attempt to phase and schedule construeion acts%ities to a-,oid high ozone days (first stage smog alerts), d Discontinue construction during second stage smog alerts 10 This conditional use permit shall not become effecti%e until Zone Change No 93 3 has been appro.ed by the Cit,, Council and in effect ("CHOO-1 11) Conditional Use Perimit \o 93 39/ TentatiN e Tract No 14700/ Coastal Development Permit 'l,,o 93 23 Page Eight CONDITIONS OF APPROVAL TENTATI\ E TRACT NQ 14700 1 The tentati,,e tract dated recei,,ed March 4, 1994 shall be the appro"ed la%out NN ith the follo«ing modifications a Include the remnant of Cla) Street b Provide a minimum 15 foot NAide landscape easement adjacent to Clay Avenue and Seapoint Street c Re,,ise laN out pursuant to Exhibit A' and Exhibit B (attached) dated March 8, 1994 2 Public Works requirements are as follo%�s The follo%N ing conditions are required to be completed prior to the recordation of the final map unless otherv,ise stated If the final maps are phased then these conditions shall be applied to each map Bonding may be substituted for construction in accordance \N ith proN is ors of the SubdiN ision Map kct a Submit a separate i.tilit-\ plan shoN�ing all underground utilities along with eater s,\stem improN ements including sen ice connect ons to each building fire h;drants, N alN es back-flow dex ices and other appurtenances in accordance «ith all applicable sections of the Urufor m Plu~nbina Code Citti ordinances Public Worl.s standards and \k ater Di,,ision design criteria and Water DiN ision Rules and Regulations for the Lse of Reclaimed Water These plans shall be submitted and approN ed by the Public 'Works Water Department and Fire Department prior to any construction b Imgation sen ices shall be pro,\ided per the requirements of the Development Agreement and the Holly Seacliff Specific Plan c All public ,,,ater sN stems shall be located N\ithin ,ehicular tra,,el,,N a)s in an easement dedicated to the City or as othen�ise appro%ed b} the Water Operations Manager The Homeo%,,-ners Association shall be responsible for the cost and repair of any enhanced pay ement if the -%N ater facilities require repair or maintenance d All public eater s,\stems shall be designed and installed per the Cit` of Huntington Beach \\ aier Di\i-ion s De�izn Criteria Standa ds Dra\Nings and Specifications (pcc1004 l,l Conditional Use Permit No 93 39/ Tentati\e Tract No 14700/ Coastal De,,elopment Permit No 93 23 Page Nine e A backflo%� deN ice acceptable to the `A aLer DiN ision shall be installed on each %\ater sen ice, including irrigation sen ices as applicable All backflow deN ices shall be painted to match the surrounding aesthetics The markings indicating the size model number and serial number, shall be permanentlN. affi\ed to the body of the backflow de,,ice and must remain ,isible after painting f Fire h)drant locations shall be approN ed by the Fire Department prior to submittal of the utility plan to Public Works All fire h)drant laterals shall be located in a "ehicular tra,,elw a} in an easement dedicated to the City g Each w ater meter shall be sized per the latest edition of the Uniform Plumbing Code Any residence requiring a tN.pe 13 D fire spnn_k]er sN.stem shall ha\e a 2 domestic w ater sen ice per Standard plan 603 B Anti w aLer sen ice found to be within q dri"ew aN shall be remoN ed completely and re installed at L�C proper location at no cost to the Water DiN,ision After the plans are approved if the building plan changes and as a result the w ater sen ice is found to be sized incoir ectll Lhe sen ice shall be r.n,oN ed coMpleLely and replaced w ith the correct size sen ice at no cost to the Water Di\ision h On street parking located on can ed sIre2Ls zhall be re<<ricted as neLessarN to be pro\ide for proper site distance as determined b% the City Engineer i Sew er sN.stems w ithin prig ate streets shall be owned and maintained b\ the homeowner s association t Interior streets and utilities therein shall be designed and constructed in accordance with the Department of public Works Standards k Signing striping and street lighting shall be designed and constructed in accordance with public Works Standards 1 All N ehicular access rights to the south side of ClaN AN enue shall be released and relinquished to the City of Huntington Beach except at locations appro\ed by the Planning Commission ni The engineer or sun e�or preparing the final map shall tie the boundarx of the map to the Horizontal Control S\ stem established b\ the Count\ Sun eN or in a maiuier described in Sections 7 9 330 and 7 9 337 of the Orange Countv SubdiNision Code and Oranee Count) Subdi%ision 'Manual Subarticle Is Conditional Use Permit No 93 39/ Tentati,,e Tract No 14700/ Coastal De,,elopment Permit No 93 23 Page Ten n Then engineer or sun e,,or preparing the -vial map shall submit to the Count,, Sun e,,or a digital graphics file of said map in a mares er descriced in Sections 7 9 330 and 7 9 337 of the Orange Count,, Subdi,,ision Code and Orange County Subdi,,ision Manual, Subarticle 18 o A drainage s,,stem shall be designed to F o,,ide for siltation and erosion control both during and after construction of the proposed project p Storm drain facilities, except those draining public streets, shall be pri,,ately maintained q H,,drology and h,,draulic studies shall be ubmitied for Public Works appro,,al r Existing and future utilities shall be instal'ed underground Underground utility plans shall be submitted to the Department of Pi-blic Woks for re,,iew and appro,,al prior to construction of an,, underaro ind utilities s Se,,,,er and storm grain easement %N idihs s iall be in conformance ,,,,ith the County of Orange Design Guidelines or as appro,,ed by the City Engineer t All landscap,ng in common areas shall be completed pursuant to an appro,,ed landscape construction set, or a bond ma,, be poste,. ,,,ith the Department of Public N�orks u Zone change No 93 2 shall be appro,,ed by the City Council and in effect 3 At least 60 day s prior to recordation of the final tract map, CC&R s shall be submitted to and appro,,ed by the City Attorney and the Department of Community De,,elopment The CC&R s shall reflect the common dri,,e,,,,ay access easements and maintenance of all ,,,,alls and common landscape areas b,, the homeow-ier s association (s) CODE REQUIREMENT; 1 The project shall comply v ith the Holly Seacliff affordable Housing Plan 2 The de,,elopment shall comply v iih all appl able pro%isions of the Ordinance Code Building Di%ision and Fire Department 3 Construction shall be limited to Monday Sr-,urday 7 00 AN4 to 8 00 PM construction shall be prohibited on Sunda,,s and Federal holida,s i Conditional Use Permit No 93 39/ Tentati%e Tract No 14700/ Coastal DeN elopment Permit No 93 23 Page EleN en 4 Conditional Use Permit No 93 39 Tentati%e Tract no 14700 and Coastal DeN elopment Permit No 93 23 shall become null and N oid unless e-,ercised %\ithin t%N o (2) Nears of the date of final appro-,al, or such extension of time as may be granted by the Planning Commission pursuant to a ,NTitten request submitted to the Community Development Department a minimum 30 daN s prior to the expiration date I hereb) certify that Conditional Use Permit No 9-' 39 Tentati%e Tract No 14700 and Coastal DeN elopment Permit No 93 23 were approN ed by the Planrung Commission of the City of Huntington Beach on March 15, 1994 upon the foregoing findings and conditions This approN.al represents conceptual approN al only detailed plans must be submitted for reN iew and the aforementioned conditions completed prior to final approN al Sincerel-,, Ho«and Zelefsk. Secretan Planning Com_nzission by 1 Scott Hess Senior Planner Re%ieN\ed b) P] ng Commissioner (occl004 16) J CITY OF HUNTINGTON BEACH tK 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 21 1996 PLC 23 Corporate Plaza Suite 250 Newport Beach CA 92660 7912 Gentlemen The City Council of Huntington Beach at Its regular meeting held Monday August 19 1996 approved the Subdivision Agreements for Final Tract Map Nos 15087 15088 14700 portions of Tentative Tract Map No 14700 We are enclosing a copy of the agreement insurance and bonds for your files Sincerely Connie Brockway CMC City Clerk CB/jc Enclosure g\followup\sdivagrmt g Wollowup\sdn agmt 11/21 (Telephone 714 536 5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 14700 THIS AGREEMENT is entered Into this l oth day of August 1996 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 14700 and As a condition of the approval of and prior to the recordation of said subdivision map SUBDIVIDER is required to Improve and dedicate the streets and alleys and to perform certain other Improvements in said subdivision and SUBDIVIDER desires to enter Into an agreement with CITY to delay performance of certain of the work to agree to perform said work as herein provided and to execute and deliver to CITY bonds for the faithful performance of said agreement for the payment of all labor and material in connection therewith and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the Govemment Code of the State of California and Chapter 225 of CITY'S Zoning and Subdivision Codp NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 3/k/tractplc/8/2/96 1 GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to Include but not limited to the construction of streets Including excavation paving curbs gutters sidewalks trees and landscaping sewers Including construction of main lines and lot laterals and structures street lights street signs construction of domestic water systems Including the construction of water mains lot laterals and Installation of meters engineering costs and any miscellaneous requirements as may be set forth in CITY S codes All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof and all labor and material bills therefor shall have been paid by SUBDIVIDER 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 2 3/kftractpic/8/2/96 4 FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Eight Hundred Fifty Thousand Five Hundred Ten Dollars ($850 510) as prescribed by Section 255 16 thereof which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map The deposit may be by corporate surety bond cash or other approved form of improvement security All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY SUBDIVIDER may during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 5 INDEMNIFICATION DEFENSE HOLD HARMLESS SUBDIVIDER hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER including those arising from the passive concurrent negligence of CITY but save and except those which arise out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY SUBDIVIDER will conduct all defense at its sole cost and expense CITY shall be reimbursed by SUBDIVIDER for all costs or attorneys fees incurred by CITY in enforcing this obligation 3 3/k/trectplc/8/2/96 6 WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861 SUBDIVIDER acknowledges awareness of § 3700 et seq of said code which requires every employer to be Insured against liability for workers compensation SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder SUBDIVIDER shall maintain Workers Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily Injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily Injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily Injury by disease policy limit 7 INSURANCE In addition to the workers compensation insurance and SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify SUBDIVIDER its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that SUBDIVIDER s insurance shall be primary Under no circumstances shall said abovementioned insurance contain a self-insured retention or a deductible or any other similar form of limitation on the required coverage 4 3/k/tractp1c/8/2/96 8 CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carner and policy 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY and 4 shall state as follows "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation " SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under the Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance SUBDIVIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required A separate copy of the additional insured endorsement to each of SUBDIVIDER s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 5 3/k/tractplc/8/2/96 9 ATTORNEYS FEES In the event suit Is brought by either party to enforce the terms and provisions of this agreement or In any bond given to secure the performance hereof each party shall bear Its own attorney fees and costs IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written SEE ATTACHED PAGE FOR SIGNATURES 6 3/kftractplc/8/2/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 14700 SIGNATURE PAGE PLC, a California general partnership CITY OF HUNTINGTON BEACH A municipal corporation of the State of By PACLACO, a California corporation,general California partner, By Z 0 AX0111 Mayor print name ITS (circle one) Chairma Preslden Ice ATTE President G AND City Clerk By Lh�L APPROVED AS TO FORM Sprl e ITS (circle one ecreta Chief Financial .9 it Attorney l �y. Officer/Asst Secretary-Treasurer By T/L HUNTINGTON BEACH LIMITED INITIATED AND APPROVED LIABILITY COMPANY, a Delaware ZEE�;� O limited liability company, City Engineer By LENN TINGTON BEACH C INC a C a o oration Managing member By .,1e a v\ & print name ITS ( rc one) Chairman/President/�e Preslden el AND By jL,�: i �T1iexf-Sa L PoivL+pv-\ print name ITS (circle o Secretary/Chief Financial Officer sit Secreta Treasurer REVIEWE PROVED City Administrator 7 3/10ractplc/8096 JUN-03-1996 13 23 FROM RHH COSTA MESA TO 7291214 P 02 i AGURIL neel�ea ONLY AND CONFERS NO RlGNTf Li:'OM T1E CERTIFICATERollins M4Tid i g Ha 1 I 1i0LDQ 1749 C£1tT�1GTE DOES NOT AMEND EXTEND Oft of Southern California Inc ALTO TIE COVERAGE APOIDED By ng ►GLK= MOW 691 Torn Cantor Or,vo $t• 500 COVEAACE Costa Mesa CA 92526 CowAw 714-64 — 55 A -Lnvattgrz Insurance Compgriv COWANY PLC A Calif Gan partnership 8 (See Attached) CZWLW 23 Corporate Plaza Suite 260 C Norport Beach CA 92660 CGIPAW VCR bra D THSISTOCERTIFYTHATTNEPOLICESOFw"A►CE LISTED BELOWHAvEBEEWSSS F-DTOT►CNSUREDNAMED AGOVEFORTHE NOLCYPERIOD PAXATEDNOTWITHSTANCWUANYREOU6?EWENT TERMORCOIDITIONOFANYCONTRACTOROT►£RDOCLmENTWITHRESPECTTOWNCHTHS CERTIFICATE MAY BE ISSUED ORMAY PERT AN THE WSLSUNCE AFFORDEDBY THEPOLICESOESCReM HERENtS SLBJECT TO ALL THE TERMS EXCLUSIONS AND CONOTIONS OF SLK>•I POLICES LMTS SHOWNMAY HAVE BEEN REOU1C3:0 BY PAO CLAPAS TT+laar aatia6M13K aaTe7aanmta P01-16T arM P�bweveIAT LMdrM LTa Cut=(wRtortq sart(r.im1.T) ae ooceALLUSILnT CftER.L AMEMATE 1 A COMM ICJALCE1uALLt.aalrT 10019911 5/00/99 S/09/97 PA=Jms='F'OP Am : CLAIMS VACS©CmR PE MMIL L AOv IKAR1v t 1,002QQD Ow E"L CCWTRAC'CR'S MOT I EACH O=Ffcxx 1 1,000,000 FFE DAA1 M("—fire) f wD D19(Anr 0."oe'Qd 1 .IdT01r0etLs Lt.eiJr► ` CCUDNM 91aE LIMIT 1 Art AUTO ALL O+NED AUTOS BAY IK Rr f SOIED AJ:D Autos (P. pop- "%a AIJTm ter IKARY 1D++OIrIED Autos (PT► '°c'd�r) 1 P�RTr O.+fAC>E f oA,oWe LIML&J T I Auto OILY fj&CCIMnl f I .+r• .Itto +f onoT rr" Auto oxv EAOJ Arl'IrgKI f A03iECATE 1 rSiasllADWIT EA010CCLW1Z 1 w6RElLA FCar AcQWOATE f 01T£TI Tn►n VK313_1 A FORn I 1 u oTrrort 4106/paa.TM Ahe S1ATLgCRy LIMIS [1iR01t rLs"Ln/ L6 1 ACCZEKT 1 R£PrtCIPRTETow T►Q DISEASE P'RICI LIWI f CFFKMM AW EXCL. NSEAW EACNEI'oLOWE I oTT1af am or 51,01104,102112M INIM340"VE All Operations of the Named Insured City of Huntington Beach Its agents officers and employees are named as Additional Injured per t attached mm" "T or nor Aaoat[0111111100110 f+ots=w eanmam moms TTs EPMTTOII ban Wawa TM Mum oa-",rat�rW& City of Huntington Beach 30 e.nTrarrftTuarwTonsT="=Tc"NJNiarmTOTMLWI 2000 Main St Huntington Beach CA 92648 415427000 6 A717,Z.1 0GAIB,IT ..1 y e j RHH COSTA MESA TO 7291214 r e-3 SDI—g�-1996 13 24 FROM --t Named Insureds PLC, a California General Partnersliip PLC Holding a California General Partnership T/L Huntingnon Beach LLC, a Delaware Limitea Liability Company PLC Land Company, a California Corporation (Management Co ) This information is intended for quick reference only Please read 3 our policy for specific details conditions exclusions and warrmirtes not included herein S1aeJb97 as P&C 1 .,wr pi L" Ra1-u,,s HL ntc HALL JUN-03-1996 13 24 FROM RHH COSTA MESA TO 7291214 P 04 POLICY NUMBER 1001998 COMMERCIAL GENERAL UABIUTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Huntington Beach, its agents, officers and employees 2000 Main St Hunbngton Beach, CA 92648 (If no entry appears above information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your work for that insured by or for you CG 2010 JUN-03-1996 13 25 FROM PHH COSTA MESA TO 7291214 P 05 POUCY NUMBER 1001998 COMMERCIAL GENERAL UASIUTY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY CANCELLATION BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days 0 (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) Paragraph 2 of CANCELLATION (Common Policy Condrtions) is replace by the following 2 We may cancel this Coverage Part by maaing or delrvenng to the first Named Insured wntten notice of cancellation at least a 10 days before the effectrve date of cancellation if we cancel for non payment of premium or b The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason CG02121185 FIRSTTERM PREMIUM FULLY EARNED BOND NO 3SM 888 671 00 PREMIUM $lo0 00 two years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT PLC a general partnership as Subdivider of Tract No 14 700 in the City of Huntington Beach County of Orange State of California has submitted to said City a Final Map of said tract containing an engineers or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate That said PLC a general partnership (Subdivider) as principal 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 within or in connection with said tract as are not already set prior to the recording of said Final Map in accordance with said map and said certificate up to but not in excess of the sum of Three thousand Five hundred and no/100 $ 3 500 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 31 s t day of July 19 96 PLC a general partnership as Principal By See attached signature block By American Motorists Insurance Company as Surety By heAna D Conrad Attorney In Fact By APPROVED A" TO I O'214 GA1L 1IUITO'I Citj Attorney By.1 RePuty City Attorney MONUMENT BOND Bond No 3SM 888 671 00 Brentwood Tract 14700 PLC a California general partnership By PLC Holdings a California corporation general partner By PACLACO INC a California corporation general partner By Name Ziyad Abduljawad Title President By A—� Name Christopher C Gibbs Title Secretary By T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY a Delaware limited liability company By LENNAR HUNTINGTON BEA INC a California corporation managing memb r By i Name, Jonathan M ffe Title i //Vi /President } Y Name Theresa Pointon Title Asst Secretary STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON August 6 1996 BEFORE ME Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED Christopher C Gibbs AND Ziyad Abduliawad 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 HAN SIGNATU(REE �'�e, C J7� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN orange COUNTY Roberta M Kern (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M KERN CommismN R977541 2 0 A Na ry Pt$Ic Cet Comm = ORANGE COUNTY AMA Commitov IWX Nomba B tB96 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 CALIFORNIA ALL-PURPOSE ACKNO'WLIIDGMENT State of California County of Los Angeles On r _ A Melendez Notary Public NAME TITLE OF OFFICER personally appeared KeAna D Conrad -VME OF SIG\ER ®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 I which the person(s) acted executed the instrument U � WIT ESS my hand and official seal r �Sk,-NATURE OF NOTj� y OPTIONAL Though the data belo« is not required bN laNN it may proN e�aluable to persons reh ing on the document and could prexent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TIIIE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING N WE OF PERSON(S)OR ENTITI(IES) - ---- - --- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT z r State of County of On before me Wyka t ni0 ,c Dale Name a d T Ile of Ott ce (e g Jane D6e Notary Pee+ personally appeared kLct CCC"' ame(s)of S gne(s) personally known to me— to be the person(s) whose name(s)'p/are subscribed to the within instrument and acknowledged to me that#e#s ;e/they executed the same inter/their authorized capacity(ies) and that by +rimer/their signature(s) on the instrument the person(s) MARIAIAINARINTONE or the entity upon behalf of which the person(s) actedcommbsion �I Notary #tcaanftorrr9ib executed the instrument My Corrm�E�tres�Feb 9 2000 11, WITNESS my hand and official seal S gnatu e o I OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document i I Document Date Number of Pages Signer(s) Other Than Named Above z Capacity(ies) Claimed by Signer(s) z� Signer s Name Signer s Name = Individual ❑ Individual J Corporate Officer ❑ Corporate Officer Title(s) Title(s) C Partner—❑ Limited ❑ General 71 Partner— - Limited ! General , Attorney in Fact ❑ Attorney in Fact 1, Trustee O Trustee - Guardian or Conservator ::1 Guardian or Conservator _ Other Top of thumb`)ere ❑ Other Top of humb here r, Signer Is Representing Signer Is Representing 0 1995 Nat onal Notary Assoc at o 8236 Remmet A e P 0 Box 184 Ca oga Pa k CA 91309 184 P od No 590 Reo de Call Toll F ee 1 800 876 6827 iermat AMERICAN MOTORISTS INSURANCE COMPANY Hone Office Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ReAna D Conrad of Los Angeles, California********** its true and lawful agent(s) and attorneys)-in-fact to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31 1997 unless sooner revoked for and on its behalf as surety, and as its act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000 00) ^ EXCEPTION NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment nay be revoked at any time by the American Motorists Insurance Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances contracts of indemnity and other writings, obligatory in the nature thereof and any such officers of the Company nay appoint agents for acceptance of process ^ This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 —VOTED, That the signature of the Chairman of the Board, the President any Vice President or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary nay 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 Ane rican Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers this 20 day of September 1995 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY W A Grauzas S cr tary by J S Kemper III Exec Vice Presidenl (OVER) FIRSTTERM PREMIUM FULLY EARNEI BOND NO 3sM ass 670 00 PREMIUM $6,804 00 two years FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and PLC a 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 .and identified as project Tract 1470o is hereby referred to and made a part hereof and WHEREAS said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now therefor we the principal and American Motorists Insurance Company as surety are held and firmly bound unto the City of Huntington Beach hereinafter called City the penal Fibht hundred fifty thousand five hundred ten sum of and no/100 dollars($850 510 00 lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and administrators jointly and severally firmly by these presents The condition of this obligation is such that if the above bounded principal his or its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenant condition and provisions in the said agreement and any alteration thereof made as therein provided on his or their part to be kept and performed at the time and in the I manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless City its officers agents and employees as therein stipulated then this obligation shall become null and void otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor there shall be included costs and reasonable expenses and fees including reasonable attorney s fees incurred by City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered t 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 notice of any change extension of time alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof this instrument has been duly executed by the pnncipal and surety above named on July 31 19 96 PLC a general partnership as Principal By See attached signature block 0 By American Motorists Insurance Company as Surety By By Wi a J Shupper Attor ey In Fact APPROVED AS TO FOP11 GAIL HUTTOA City ALtoiney BYJ peputj City Itto nej �l� lyb 2 FAITHFUL PERFORMANCE BOND Bond No 3SM 888 670 00 Brentwood Tract 14700 PLC a California general partnership By PLC Holdings a California corporation general partner By PACLACO INC a California corporation general partner By Al, Name Ziyad Abduljawad Title President By /1 Name Christopher C Gibbs Title Secretary By T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY a Delaware limited liability company By LENNAR HUNTINGTON B ACH INC a California corporation managing member By Name Mona an M a Title �i/ resident ` By Name Theresa Pointon Title Asst Secretary A1=#1RtIAUIFtl✓:: i # # E. .......................... ::::.::::::::::::::................ ............. .... State of California County of Los Angeles On [f(I before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the �4<E. •3 . ., instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and I icial seal )"" - � �k� k�' k �""' (SI ATUR 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 E NTITY(I ES) ------------------------------- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of County of c On 1 1 before me fnnQiAlAtrl19 Rt T��IQ n6rc�CZ� l (x��1�C� Date Name Name a d T tie of Off ce (e g J ne Doe Notary c personally appeared �JU. lGr1 (� ���ame(sa Sgner( �o� D1Y� `JU/� onI personally known to me-OR- i PF&Ved to mP nn ihP h^ci-,r)f caticfgrtnQt avidenr4&to be the person(s) whose name(s)1$/are subscribed to the within instrument and acknowledged to me that hoisie/they executed the same in r/their authorized capacity(ies) and that by fir/their signature(s) on the instrument the person(s) MARA AMRIMONE or the entity upon behalf of which the person(s) acted ComrrMon#I"Q 159 executed the instrument -A Notary PubEc—Canfornla Orange MYCommExpfre3F b 9 2M3 + WITNESS my hand and official seal l S gnatu e of Notary I OPTIONAL � Though the Information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document I Description of Attached Document �t Title or Type of Document I Document Date Number of Pages �I Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name Signer s Name Li Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s) Title(s) C Partner —❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney in Fact ll Attorney in Fact Fi Trustee ❑ Trustee C Guardian or Conservator FL-j Guardian or Conservator Z ❑ Other Top of thumb here _ Other Top of ihL mb he e Signer Is Representing Signer Is Representing I� \ 0199 at o al Notary Assoc at o 8236 Remmet A e P 0 Bo 184 Ca oga Pa k CA 91309 7184 P od No 5907 Reo de Call Toll F ee 1 800 8 6 6827 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON August 6 1996 BEFORE ME Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED Christopher C Gibbs AND Ziyad Abdu1jawad 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 orange COUNTY Roberta M Kern (NAME PRINTED) MY COMMISSION EXPIRES 11-8-96 c ROBERTA M KERN COmMLILS N N977541 S A Not ry Publc CM ome ORANGE COUNTY V k4Y Corcn lw-Evp. 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 PPINCIPAL PLACE OF R ISINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES BOND NO 3bM BBd 610 00 PREMIUM,ncluded with Performance bond ' LABOR AND MATERIAL BOND WHEREAS the City Council of the City of Huntington Beach State of California and PLC a 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 Tract 14700 19 and identified as project Brentwood is hereby referred to and made a part hereof and WHEREAS under the terms of said agreement principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now therefore said principal and the undersigned as corporate surety are held firmly bound unto the City of Huntington Beach and all contractors subcontractors laborers materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Four hundred twenty five thousand two hundred fifty dollars($ 425 255 00 ) for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor that said surety will pay the same in an amount not exceeding the amount heremabove set forth and also in case suit is brought upon this bond will pay in addition to the face amount thereof costs and reasonable expenses and fees including reasonable attorney s fees incurred by City in successfully enforcing such obligation to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed then this obligation shall become null and void otherwi-e l+SVI be and rema c i- wi orcc aiio e�jacr The surety hereby stipulates and agrees that no change extension of time alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond and it does hereby waive notice of any such change extension alteration or addition In witness whereof this instrument has been fully executed bj the principal and surety above named on July 31 19 96 PLC a general partnership as Principal By See attached signature block By American Motorists Insurance Company as Surety By By William J Tpver Attorney In Fact STATE OF CALIFORNIA ) APPROVED 1" TO I OP d SS GAIL HUTTON Citj Attoi icy COUNTY OF ORANGE ) By I Depat City I ttoz u y ON August 6 1996 BEFORE ME Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALI.Y APPEARED Christopher C Gibbs AND Ziyad Abdu1jawad 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 H�A ID SIGNATU6 � L ) MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN orange COUNTY Roberta M Kern (NAME PRINTED) MY COMMISSION EXPIRES 11-8-96 STATE OF CALIFORNIA ROBERTA M KERN COMMISSION 9977541 = SS p Nwary RtIc Cal omu 1 ORANGE COUNTY COUNTY OF ORANGE ) _ ' 44Y COMMSWO.E pw" Nwartba 8 1>asc 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 clrnlGT1 DEC 01"Tom` u<< r,E ENTITY uPG BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE iNSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090 LABOR AND MATERIAL BOND Bond No 3SM 888 670 00 Brentwood Tract 14700 PLC a California general partnership By PLC Holdings a California corporation general partner By PACLACO INC a California corporation general partner By Name Ziyad Abduljawad Title President By ,/��� Name Christopher C Gibbs Title Secretary By T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY a Delaware limited liability company By LENNAR HUNTINGTON B A H INC a California corporation managing member By / Name Jonat an M a e Title Vice iDresident By , x -L^,(_ Name Theresa Pointon Title Asst Secretary CA€.tFORNEA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles I On before me A Melendez, Notary Public, NAME TITLE OF OFFICER personally appeared William J Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument WITNESS Ta7d official seal `(SIGNA URE)CrP-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 CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT X1, Y State of County of ��1CL1SL_ On �(�_before me MciQl-c�,`o kn0._ Y� c h J)UJb\l,L „( Date--- Name and T tle of Off ce (e g Jae doe Notary Publ personally appeared Moo -,4Nu,, m 5W.�4 �C��D� POIl1TC I Name(s)of S g e(s) ' personally known to me—OR to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that /they executed the same in 'up s=/their authorized capacity(ies) and that by r/their signature(s) on the instrument the person(s) RINTOI , or the entity upon behalf of which the person(s) acted co' - -MARLALAM �1088 9 executed the instrument ? -a Notary Pubic—CaDfomlo I ' MY Co Orm�eS Fab19 WITNESS my hand and official seal �I �I S gnature of Notary 'S I OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) I Signers Name Signer s Name Individual i 1I Individual t ❑ Corporate Officer �7_ Corporate Officer Title(s) Title(s) ❑ Partner— - Limited ❑ General —1 Partner- -, Limited - General Attorney in Fact i Attorney in Fact - Trustee Trustee > 17 Guardian or Conservator —1 Guardian or Conservator Other Top of th re [I Other Top of thumb here Z i Signer Is Representing Signer Is Representing ©1995 Nat o al Notary Assoc at o 8236 Remmet A e PO Bo 7184 Ca oga Pa k CA 91309 7184 P od No 5907 Reo de Call Toll F ee 1 800 876 6827 n� AMERICAN MOTORISTS INSURANCE COMPANY Hone Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety and as its act and deed Any and all bonds and undertakings provided the amount of no one bond or undertatj�$.2xceeds FIVE MILLION DOLLARS ($5,000,000 00) � �^^^^ k**^^ *^^**^^ * EXCEPTION NO AUTHORITY is granted to make execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the American Motorists Insurance Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings, obligatory in the nature thereof and any such officers of the Company nay appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a nesting duly called and held on the 23rd day of February 1988 —VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary, the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers this 01 day of Jarxsry 1994 Attested and Certified AMERICAN MOTORISTS INSURANCE COMPANY 0 8 4p= S: �'=" W A Grauzas S cr tary by J S Kemper III Exec Vice Presidenl (OVER)