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Final Tract Map No 15471 - Portion of Tentative Tract Map No
o City of Huntington Beach • E P O Box 711 CALIFORNIA 92648 F TELEPHONE 714 536 5200 FAx 714 374 1603 m SHARI L FREIDENRICH CITY TREASURER May 25 2004 CERTIFIED MAIL National Fire Insurance Company of Hartford CNA Plaza 333 S Wabash Chicago IL 60685 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on October 20 2003 approved the release of the following bonds Tract# 15471 Faithful Performance and Labor & Material Bond No 929128420 Monument Bond No 929128421 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 *)\9-� -Z� Shan L Freidennch CPA CCMT CMFA d City Treasurer �{ -c C Enclosures ry o- cc BHS Residential LLC 3090 Bristol St Ste 200 - Costa Mesa CA 92626h. T Tern Elliott Principal Civil Engineer(no attachments) Liz Ehnng Assistant City Clerk (no attachments) (�§)l— 'D JOW - • • L Recorded in Official Record, County of Orange Recording iequested by Tom Daly Clerk Recorder and when i ccorded return to I lil�li llill 1111111111111i1111d 11111 11111111111111!1111111!II IIi111 NO FE E Connie Brockway City Clerk 2003001364346 08 24am 11/06103 Office of the City Clerk 214 110 A04 1 CITY OF HUNTINGTON BEACH 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 P O Box 190—2000 Main Stieet Huntington Beach Ca 92648 (Space above this line foi Recoider s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS C (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on September 22, 2003 the City Engineer considered the subdivision improvements described below, and found them to have been comple*ed satisfactory and accepted as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s) have been dedicated to the City of Huai* ngton Bea,.h as described on Final Map No 15471 Public improvements constructed consist of the domestic water system and appurtenances within the private streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at October 20 2003 Ci,y Council Meeting Submitted for Recordation by the Orange County Recorder Attest 7-02,9� J/ 2003 OONNiE BRWKWAY City Clerk and wvx olficio Clei of the City Council Ot the City of Huntington Beach California By puty CITY OF NT1NG BEACH This deaxneril Is soNy for Ili.orfidal buak»ee of the Clty of Hunlinglon by City Engineer Beech as oonlwnplaw under Gaammmil Cods Sec.0103 and should b 9 raoorded Uee of charge H\Bonds\Tract 15471\Tract acceptance form doc 1,5--1 e g/ao ('10 City of Huntington Beach µ P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER May 17, 2004 CERTIFIED MAIL National Fire Insurance Company of Hartford Three Embarcadero Center Ste 450 San Francisco CA 94111 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on October 20 2003 approved the release of the following bonds Tract# 15471 Faithful Performance and Labor & Material Bond No 929128420 Monument Bond No 929128421 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 Shari L Freidenrich CPA CCMT CMFA City Treasurer Enclosures cc BHS Residential LLC 3090 Bristol St Ste 200 Costa Mesa CA 92626 Terri Elliott Principal Civil Engineer(no attachments) Liz Ehring Assistant City Clerk (no attachments) RECEIVED BY • t • CITY CLERK RECEIPT COPY ^� Return DUPLICATE to ;M �� (ext 6260) (Name) after signing/dating (Date) MIM CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich Crty Treasurer ATTN Jim Slobojan Deputy City Treasurer FROM Connie Brockwaj DATE November 5, 2003 SUBJECT Bond Acceptance I have received the bonds for BxC Residential, LLC (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No GUARANTEE AND WARRANTY BOND 1W 929128420 Re Tract No 15471 4�0 * I CC No MSC No Approved Oct3bar 20, 2003 Agenda Item No E4 (Council Approval Date) � l City Clerk Vault No 0 6 D� g/iah/bondletter doc CITY OF HUNTINGTON BEACH MEETING DATE October 20, 2003 DEPARTMENT ID NUMBER PW 03-064 Council/Agency Meeting Held 0zA 0 Deferred/Continued to `Approved ❑ Conditionally Approved ❑ Denied Clty Vrk s "4 nature Council Meeting Date October 20 2003 Department ID Number PW 03 064 H c o z CITY OF HUNTINGTON BEACH REQUEST FOR ACTION co co SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator PREPARED BY ROBERT F BEARDSLEY Director of Public Work "uJ SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15471 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue BHC Residential LLC the builder of Tract No 15471 located south of Heil Avenue between Bolsa Chica Street and Graham Street has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15471 and 2 Accept the Guarantee and Warranty Bond No 929128420 the security furnished for guarantee and warranty of improvements and instruct the-City-Clerk to file the bond with the City Treasurer and 3 Release Faithful Performance/Labor and Material Bond No 929128420 and Monument Bond No 929128421 pursuant to California Government Code Section No 66499 7(b) and 4 Instruct the City Clerk to notify the builder BHC Residential LLC of this action and the ' City Treasurer to notify the Surety National Fire Insurance Company of Hartford of this action and ✓5 Instruct the City Clerk to record the Acceptance of Public Improvements (attached) with the Orange County Recorder 03 064 Oct 20 Claudio(Tract 15471 Bond Release) 10/1/2003 5 42 PM r • REQUEST FOR ACTION • MEETING DATE October 20, 2003 DEPARTMENT ID NUMBER PW 03-064 Alternative Action(s) Deny the recommended action The action may violate the Subdivision Map Act Analysis On January 3 2000 the City Council approved Final Map No 15471 and accepted bonds from Catellus Residential Group Inc the securities furnished for faithful performance labor and material and monuments Effective July 21 2000 the Principal named on the aforementioned bonds was changed from the developer to the builder BHC Residential LLC BHC Residential LLC has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the private streets 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 California Government Code Section 66499 3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements The builder has provided Guarantee and Warranty Bond No 929128420 as security Following is a list of project data Subdivider Catellus Residential Group 5 Park Plaza Ste 400 Irvine CA 92614 Builder BHC Residential LLC 3090 Bristol St Ste 200 Costa Mesa CA 92626 Engineer MDS Consulting 17320 Redhill Ave Ste 350 Irvine CA 92614 Location South of Heil Avenue between Bolsa Chica Street and Graham Street Specific Plan Meadowlark Specific Plan No of Acres 7 884 acres No of Numbered Lots 51 No of Lettered Lots 7 No of Units 51 detached single family residential units Due to concerns about increased water seepage onto an adjacent property raised by Mr Leland R Jay General Manager of the adjacent Sea Breeze Mobile Estates LLC the builder and Sea Breeze Mobile Estates LLC have entered into a Compromise Settlement and Agreement of Mutual Release This agreement in which both parties agree to hold the City harmless from any claim arising from this development was reviewed by the City Attorneys office and executed on July 21 2003 The resolution of this outstanding issue allows the City to release the developers performance bonds 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 Califormia Admininstrative Code, Title 14, Chapter 3, Section 15268(b) 03 064 Oct 20 Claudio(Tract 15471 Bond Release) 2' 10/2/2003 4 33 PM a • REQUEST FOR ACTION • MEETING DATE October 20, 2003 DEPARTMENT ID NUMBER PW 03-064 Attachment(s) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 929128420 3 Acceptance of Public Improvement Form RCA Author J Claudio cf 03 064 Oct 20 Claudio(Tract 15471 Bond Release) _41' 10/2/2003 4 33 PM 3 ATTACHMENT # 1 -, • • TRACT 15471 Jrf, Uj< I i F7( II I 127 I `� i 3 2 I 1 III I r4 i 25 26 28 - _ 5 29 I 23 � f 51 I � ��- -- 50 49 I�--- 30 7 U 22 h it I y' ��y I i��+--��T" 31 `- 8 z� iilf,� 45 1 46 1 47 1 48 RACT r1 21I�II,�I 15471 n z 32 = - i _TP �nry 20 9 71 33 t �-- 10 _- 19 , ( , r y'�L s 34 42 < 18 ' 9 n 44 43 ca 35 12 ¢ eT 1L--� illim 36 _ - - - 40 41 13 \ r 39 I F1 37 i -- -—'F — - 14 _ I l �t 12 13 114 , 15 16 17 18 I 19 10 l l! I I I 20 29 28 127 26 125 24 77 Z3 `M3 PAR(`\ 22 1 �! IJ_ R C II 15 21 yt ——' 7 30 131 32 33 1 34 35 1 uw 36 }/i Ii l 4d 43 1 42 ' 41 40 4 1 2 3 4 5 6 7ca r - Tt� -45 50 �- � el-I Tent acre ment ummerlane cln I ATTACHMENT #2 RONDNO„ 92912�842Q PREMILU included in performance bond GUAI7ANTE1 AND WARRANTY BOND WHER&S _ BHC Residential LLC .8S a PnnC►pal,and National Fire Insurance Company of Hartford a corporaf3un organnmd under the Iowa of the State of Connecticut and duty awthorued to do buelneas In tha State of Cz*Ho,as Surety,are held and firmly bound unto the City of HunUrigtan Beach Calrfornle,as Objlgoe iri the penal sum of Sixty-Four Thousand Five Hundred Sixty and no/100 .repreaatnbnp 10 percent of the corosot Price ($64 56Q 00) entered 6 between the Principal and Obligee,Io whd psymerrl well and truly to be made we do bind ouisetves,and each of our heir9,execulora edminWrat n suooe m and asslgns]olnUy and savereny WHEREAS,the seld Principal entered Into a conlMot wllh said Obligee,doted November, 1999 for work described as follows Tract 15471 Meaddwlark-SummerLane Plaza Lane & Granville Drive Public Improvements WHEREAS,said ooritraet provides that the Prindperl will kuhh a bond aond*#wd to guarantee and Werhnt for the period of one year aflor coirrpleUon of the work and nomonce thereof by the Obllpas aga nst all defeels In woftnanship and matarials during timid one year period WHEREAS,sold work ha:bmmn Conrplekd,and accepted by Obfipee on November, 2002 NOW,THEREFORE;,the Prindpsl end cmty,Jointly and eevemIlly shall Milan*the Oblipae for all loss Mot the Obligee may sustain by reason of any dshdf a mated orwork wuhfp which hmme iipparnnt dung the period of one ym fmm and alter data of complalbn orwork and acceptance thereof by Obligee x�- r In wftnesa whereof,this instrument has b"n duty executed by the ptlnrdpad end stnnty O� abovenamed,on March 19 �BY 2003 W BHC Residential, LLC i PPS >w Av C°"P t Fire Ins Company of Hartford, as Surety emarie Guanill Attorney-in-Fact i • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On March 19, 2003 before me A Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Rosemarie Guanill NAME(S)OF SIGNER(S) l personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s3 whose nameH Is/a-re subscribed to the within Instrument and ac- knowledged to me that 4ie/shef#4-v_T executed the same In -ttts/her/th-eir authorized capacity{-re*, and that by -t,ts/her/threir slgnature(s) on the Instrument the personal, or the entity upon behalf of which the person(-a) acted executed the Instrument A ANTHONY WITNESS my han and off al seal COMM #1346410 C7 r NOTARY PUBLIC CALIFORNIA � (n SAN FRANCISCO COUNTY j My Comm E)Ires April 10 2000 WW1W RIPSIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond #929128420 TIILE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE of Hartford 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania a Pennsylvania corporation(herein called the CNA Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signatures and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Mark M. Munekawa Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature —In Unlimited Amounts— and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given is hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Law and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 14th day of May 2002 c.AsW�T 04sve4O,dtPMW * der Continental Casualty Company PORAff . National Fire Insurance Company of Hartford American Casualty Company of Reading Pennsylvania Z , aSEAL f e Michael Gengler Group Vice President State of Illinois County of Cook ss On this 14th day of May 2002 before me personally came Michael Gengler to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania a Pennsylvania corporation described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations + "OFFICIAL SEAL' DIANE FAULKNER Notary Public State of Illinois �Q� My Commission Expires 9/17/05 My Commission Expires September 17 2005 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of Continental Casualty Company an Illinois corporation National Fire Insurance Company of Hartford a Connecticut corporation and American Casualty Company of Reading Pennsylvania a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 19th day of March 2003 +ate r,AS 4 tt1SURt'k�� �t at Continental Casualty Company CAaPOAAtE ORe�T National Fire Insurance Company of Hartford ` to � American Casualty Company of Reading Pennsylvania O � ' JULY]I V SEAL tir f e L�2 ISO? ►tart ' • Mary A Ribikawskis Assistant Secretary (Rev 10/11/01) NOTICE In accordance with the Terrorism Risk Insurance Act of 2002 we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer Western Surety Company Universal Surety of America, Surety Bonding Company of America Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading PA The Firemen's Insurance Company of Newark NJ and The Continental Insurance Company DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0 00) DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible Form F7310 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT . . =r=�=�-•ram-� �_� c-�- ( State of Califama ss ( County of O Fib Q-a ,On a-���J before me d4a,Lrw uC, oar. (� y+a rue anf�r t� der --� personally appeared yUS r Zw ss at, personal(f known to rre ❑ proved to me an tt'e oasis of satisfactory e tidence ( to be the person wi•ose nameN &Tr% suoscribed to the wi,hin instrument and l acknowledged to me tt a ne y executed ZILKAAYALA tt•e sarre in is/ uthonzed ( Commission 1359584 z cacac:tyN4) and that by is! , ( Notary Puge California � s gnatur;'N on the ins-ument the person) or prangs County the entity ucon benalf or Nh,ch the personN My Comm E�ires Jun 4 2008 ac ed executed tt a ins rument WtTNE hand and I seal f OPTIONAL rhougth the nlormaaan below s not required by law t may prove valuacie a aerscns rely ng an ale^ceument and could are ent fraudulent removal and reattachment at PLs farm to anadier document ( Description of Attached Document ( Title or Type of Document ( Document Date �ft. �-o D 3 Numcer cf Pages _ ( _ I Signer(s) Other Than Named Above ( Capa ty(ies) Claimed by Signer Signers N e I ' ( ❑ Individual Tap at cnuma here ( ❑ Corporate Officer— itle(s) ❑ Partner—❑ Limited eneral l ❑ Attomey in Fact ( ❑ Trustee ( ❑ Guardian or Conservator ❑ Other- Signer Is Representing l C 90 National Nataiy,,� 9J50 0 Sam A— as ea <aZ Cam-M G 91313 Z402 ��wr rq P a vo -at fieanlnr cw rake. aoa a>�az Company Profile • • Pagel of 2 CaMnfl Company Profile Insumnce NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CNA PLAZA 333 S WABASH CHICAGO, IL 60685 800-993-5006 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC# 20478 NAIC Group# 0218 Califorma Company ID # 0128-9 Date authonzed in California August 05, 1884 License Status UNLIMITED-NORMAL Company Type Property & Casualty State of Domicile CONNECTICUT Lines of Insurance Authorized to Transact The company is authonzed to transact business within these lines of insurance For an explanation of any of these terms,please refer to the glossary AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY l,rr„ //rdincwww mciiranrP ca Qov/nls/wu co nrof/idb co prof utl izet co vrof v EID=2 9/16/2003 ATTACHMENT #3 CITY OF HUNTINGTON BEACH toe 2000 MAIN STREET CALI FOR N[A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 31 2003 Tom Daly County Clerk-Recorder P 0 Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15471 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope Z: Vrl,(, ow,04614 O Connie Brockway AC City Clerk CM pe Enclosures This doc rnent is solely for the ofticiai business of we City of Huntington Boach as contemplated under Government Code Sec.6103 and should bs recorded free of charge Tract No 15471 —Meadowlark Specific Plan —South of Heil Ave between Bolsa Chica Street and Graham Street g/followup/tract/acceptpublicimp recorder doc (Telephone 714-536.5227) Recording requested by and when recorded return to Connie Brockway City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P O Box 190-2000 Main Street Huntington Beach Ca 92648 (Space above this line for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on September 22 2003, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further, the public improvements for the subdivision(a) have been dedicated to the City of Huntington Beach, as described on Final Map No 15471 Public improvements constructed consist of the domestic water system and appurtenances within the pnvate streets The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at October 20, 2003 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest a TM,672 J/ 200,3 OMNIE BR06KWAY City Clerk and Ex officio Cler of the City Council Of the Ciry of Huntington Beach California By �I2eputy CITY OF NTING BEACH wne of 1he a City of bnorvim by City Engineer beach as conternpm"d uridw Govern mwt Cods Sec.6103 and should b 9 reoorded hie&charge H\Bonds\Tract 15471\Tract acceptance form doc • • L-JR) CITY OF HUNTINGTON BEACH Lo" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 3 2003 BHS Residential LLC 3090 Bristol St Ste 200 Costa Mesa CA 92626 Re Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No 15471 --[Acceptance of Public Improvements] Please be advised that on Monday October 20 2003 the City Council of the City of Huntington Beach took the following action E-4 (City Council) Approved the Release of Securities for Tract No 15471 Located s/o Heil Avenue, between Bolsa Chica Street and Graham Street- Accepted the Public Improvements (Developer, BHC Residential, LLC) - 1 Accepted the improvements constructed and dedicated for public use with Tract No 15471, and 2 Accepted the Guarantee and Warranty Bond No 929128420 the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer and 3 Released the Faithful Performance/Labor and Material Bond No 929128420 and Monument Bond No 929128421 pursuant to California Government Code Section No 66499 7(b) and 4 Instructed the City Clerk to notify the builder BHC Residential LLC of this action and the City Treasurer to notify the Surety National Fire Insurance Company of Hartford of this action and 5 Instructed the City Clerk to record the Acceptance of Public Improvements (attached) with the Orange County Recorder Submitted by the Public Works Director Funding Source Not Applicable Sincerely Connie Brockway C C City Clerk Cc City Treasurer CB pe g/followup/tract/acceptpubliamp devinobce (Telephone 714-536 5227) RECEIVED BY • CITY CLERK RECEIPT COPY Return DUPLICATE to (Name) signing/dating (Date) e CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich Crty Treasurer ATTN Jim Slobojan Deputy City Treasurer FROM Connie Brockway DATE November 5, 2003 SUBJECT Bond Acceptance I have received the bonds for BHC Residential, LLC (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No GUARANTEE AND WARRANTY BOND NO 929128420 Re Tract No - 15471 CC No MSC No Approved October 20, 2003 Agenda Item No E4 (Council Approval Date) City Clerk Vault No g[jah/bondietter doc ® City Clerk Receipt Copy Return to Jeffrey Hughes (ext 5260) after signing I have received Faithful Performance Bond No 929128420— National Fire Insurance Company of Hartford Labor and Material Bond No 929128420— National Fire Insurance Company of Hartford Monument Bond No 929128421 — National Fire Insurance Company of Hartford Re Tract 15471 —Catellus Residential Group—Approved by Council on 01-03-00 City Clerk Vault File 420 60 Dated v f� By y S) g/followup/bondietter doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 6 2000 First American Title Company 114 East Fifth Street Santa Ana CA 92701 Attention Ronald J Gomez 714 558-3211 Re Escrow Pick Up No OR 9738164— Final Tract Map No 15469 No OR-9738166— Final Tract Map No 15471 No OR 9738167 — Final Tract Map No 15472 No OR 9933699 — Final Tract Map No 15838 The City Clerk s Office has prepared Final Tract Maps Nos 15469 15471 15472 and 15838 to be recorded Your office will be picking up these documents to be recorded with the County Please have a copy of each of the recorded maps returned to Bruce Crosby Public Works Department City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Connie Brockway CIVIC City Clerk CB jh Enclosure Received by Date o �- g fjah/escrow pick up doc (Telephone 714-536-5227) i • tj, CITY OF HUNTINGTON BEACH LZIJ 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNUTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE 03-03-00 /k TO Catellus Residential Group Al /tea C_AO-f� Name / �A -S-Park-P 1 a z a—Suite-4 0 0 DE •�•ti�-- Street Ir-vine—CA-92714 ,c 1a Ad4Oe-� C'� City State Zip /V See Attached Action Agenda Item E 7 Date of Ap Enclosed For Your Records Is An Executed Copy Of The Abc Remarks Connie Brockway City Clerk Attachments Action Agenda Page X Agreement X Bonds X Insurance X RCA Deed Other CC Zelefsky Planning X X X bonds Name Department RCA Agreement Insurance Other Ramos Planning X X X bonds Name Department RCA Agreement Insurance Other Freidenrich Treasurer bonds Name Department RCA Agreement Insurance Other Name Department RCA A-reement Insurance Other C Mendoza X Risk Management Dept. Insurance G Followup/Letters/coverltr (Telephone 714 536 5227) • • (8) 01/03/2000 - Council/Agency Agenda - Page 8 E 7 (City Council) Approve Final Tract Maps Nos of Tentative Tract Maps (Tracts 15469, 15471 Catellus Residential Group) (Tract 15472 W L. Homes, LLC) (Tract 15838 William Lyon Homes, Inc ) with Bonds and Agreements (Meadowlark) — 600 North and East of the Intersection of Bolsa Chica Street & Warner Avenue, s/o Heil — Approve Subdivision Agreements (420 60) 1 Approve Final Tract Map Nos 15469 15471 15472 and 15838 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (Attachment No 1) to the Request for Council Action dated January 3 2000 2 Approve the Subdivision Agreements between the City and Catellus Residential Group (Tracts 15469 and 15471) W L. Homes LLC (Tract 15472) and William Lyon Homes Inc (Tract 15838) and authorize execution by the Mayor and City Clerk Findings for Acceptance of Final Map 1 Final Tract Map Nos 15469 15471 15472 and 15838 are in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15469 Conditions of Approval as approved by the City Council Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No 6) (National Fire Insurance Company of Hartford) Final Map No 15469 Faithful Performance Bond No 929128422 Labor and Material Bond No 929128422 Monument Bond No 929128423 (National Fire Insurance Company of Hartford) Final Map No 15471 Faithful Performance Bond No 929128420 Labor and Material Bond No 929128420 Monument Bond No 929128421 (Seabord Surety Company) Final Map No 15472 Faithful Performance Bond No 392484 Labor and Material Bond No 392484 Monument Bond No 392485 (American Motorists Insurance Company) Final Map No 15838 Faithful Performance Bond No 3SM 960 182 00 Labor and Material Bond No 3SM 960 182 00 Monument Bond No 3SM 960 183 00 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer drainage engineering and inspections shall be provided b A Certificate of Insurance shall be submitted c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) a Payment of Park and Recreation In Lieu Fees If The City Attorney approves the CC&R s for the project Submitted by the Director of Planning [Approved 6-1 (Sullivan No)] • 0 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE FROM COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO I-5N (cc, / I5L4"l ! tA 7-L -2513 PARCEL MAP NO C `D �� CA4- .p I PARK AND RECREATION FEES PAID M/YES � �� L4 95 I000 ❑ NO r OTHER (/ for Hovtard Zelefsky Planning Director C�CJ CIA( OF HUNTINGTO�N BEACH INTERDEPARTMENTAL COMMUNICATION TO Janelle Case Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15471 (Authorization to Record) DATE January 11 2000 Please release subject tract to the Title Company for recordation All requirements have been met per the Subdivision Map Act TITLE CO First American Title Insurance Co TITLE OFFICER Ronald Gomez ORDER NO OR-9738166 LOCATION N/O Warner E/O Bolsa Chica PHONE NO (714) 558 3211 &ruceP ros y 37039 TR 15469 auth to record Le/e`al,�y—/,/ayw j cL�,-edf /il7rlOS-/%.hgThq Council/Agency Meeting Held 1 Smote as �,� 7Ap rred/Cont►nued to pro ed o itionally roved ElDenied it lerk s Signature Council Meeting Date January 3 2000 Department ID Number PL 00 02 CITY OF HUNTINGTON BEACH s s, - REQUEST FOR COUNCIL ACTION ri SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator PREPARED BY HOWARD ZELEFSKY Planning Director/�--4z—&-(i SUBJECT APPROVE FINAL TRACT MAP NOS 15469, 15471, 15472, AND 15838 OF TENTATIVE TRACT MAP NO 15469, WITH BONDS AND AGREEMENTS (Meadowlark) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map Nos 15469 15471 15472 and 15838 (Meadowlark Development) located six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue are being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map Nos 15469 15471 15472 and 15838 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (Attachment No 1) and 2 Approve the Subdivision Agreement between the City and Catellus Residential Group (Tracts 15469 and 15471) W L Homes LLC (Tract 15472) and William Lyon Homes Inc (Tract 15838) and authorize execution by the Mayor and City Clerk Alternative Action(s) The City Council may make the following motion "Deny Final Tract Map Nos 15469 15471 15472 and 15838 and reject the offer of dedication improvements and bonds " Z, r� R�QUEST FOR COUNCIL ACT^ MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL 00-02 Analysis A PROJECT PROPOSAL SUBDIVIDER Tracts 15469 and 15471 Catellus Residential Group 5 Park Plaza Suite 400 Irvine CA 92714 Tract 15472 W L Homes LLC (dba as John Laing Homes) 19600 Fairchild Suite 150 Irvine CA 92612 Tract 15838 William Lyon Homes Inc 4490 Von Karman Ave Newport Beach CA 92660 ENGINEER MDS Consulting 17320 Redhill Avenue Suite 350 Irvine CA 92714 LOCATION Six hundred (600) feet north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue ZONE Specific Plan 8 (Meadowlark Specific Plan) GENERAL PLAN M-sp (Mixed Use-specific plan overlay) NO OF ACRES 48 4 gross acres NO OF NUMBERED LOTS Tract 15469 — 88 Tract 15471 — 51 Tract 15472 — 62 Tract 15838 — 113 NO OF LETTERED LOTS Tract 15469 — 9 Tract 15471 — 7 Tract 15472 — 5 Tract 15838 — 12 PL00 02 2 12/27/99 9 33 AM *QUEST FOR COUNCIL ACAN MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL 00-02 NO OF UNITS Tract 15469 — 87 Tract 15471 — 51 Tract 15472 — 62 Tract 15838 — 113 Total 313 DATE OF COMPLETE APPLICATION December 22 1999 MANDATORY PROCESSING DATE January 18 1999 DISCUSSION On March 15 1999 the City Council approved Zoning Text Amendment No 97-04 Zoning Map Amendment No 97-1 Tentative Tract Map No 15469 Conditional Use Permit No 97- 80 and Negative Declaration No 97-21 to subdivide 48 4 gross acres for the construction of 313 single family residences Final Tract Map Nos 15469 15471 15472 and 15838 represent all four planning areas of the project and include 314 numbered lots and 33 lettered lots The subdivider has satisfied the Park and Recreation requirement for this project through the payment of $1 485 000 in fees (per tentative tract map condition of approval and based upon a land value rate equal to $500 000 per acre ) The subdivider will satisfy the affordable housing requirement for this project by providing 32 off-site units An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department The final 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 City Council Environmental Status This action to accept Final Tract Map Nos 15469 15471 15472 and 15838 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b) PL00 02 3 12/27199 9 33 AM AQUEST FOR COUNCIL ACTION MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL 00-02 Attachments) City Clerk's Page Number 1 Findings and Requirements for Acceptance of Final Map 2 Area Map 3 Tentative Tract Map No 15469 with site plan 4 Tentative Tract Map No 15469 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument Labor and Materials Faithful Performance) RCA Author R Ramos PL00 02 -4 12/27/99 9 27 AM � ���t ��, t d i a , Mµ{I��� t� �, � +��a, r� ��L 1 r � 1 1 1 � J ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map 1 Final Tract Map Nos 15469 15471 15472, and 15838 are in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15469 conditions of approval as approved by the City Council Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No 6) Final Map No 1D469 Faithful Performance Bond No 929128422 Labor and Material Bond No 929128422 Monument Bond No 929128423 Final Map No 1 2)471 Faithful Performance Bond No 929128420 Labor and Material Bond No 929128420 Monument Bond No 929128421 Final May No 15472 Faithful Performance Bond No 392484 Labor and Material Bond No 392484 Monument Bond No 392485 Final Map No 1D838 Faithful Performance Bond No 3SM-960 182-00 Labor and Material Bond No 3SM-960-182-00 Monument Bond No 3SM-960 183-00 3 Instruct the Cit} Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer drainage engineering and inspections shall be provided b A Certificate of Insurance shall be submitted 1 • • c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In Lieu Fees f The City Attorney approves the CC&Rs for the project � r t�y � �- Y • r S • ri Ah i � !�� -1 � ;� t M i 1 • c 0 u RL CF—E i�o To E FL YELDOWL&RK DA �"' vzw saNa,j vo J J = Y J J dMRm I Y.. 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W:'�1'ii1"'r • [+t n/r.i nr- rnsen•1&f^-+nt,/ e1-A^Lf /mnkkkrTV /fit' /113AAkM QTATC nV f%A111•r1D1,11A 1 �Iwrr Mrr.WW • Y r w \ It ra w w Fi w ,,�,�� ■rN■lY� rWY/M I' I 11 � I I( I( ( 1 Z I ► I f tR l Al -s/ ( V W.r ■ bum I �' r N -2 V t • �� L" I.Inp K 1 r r1 f rj 1 ( ( 1 (LRIVATC STREET) _ --—p -- PRIVATE SYRCCT)_— —_q _ _'-- (r/►imn) All IM r■1/ IYPIC+PLfq0YSt1U_!A Ina mr r be w«a r r.n w IYPICALPl0I1T1'1!A_7 ILm —1840-4 s.wr... r.. w .. JA" wrrwwwl ' ill 1 M Mai U F. lld I I ( it wlrr.I w r+.a r-4-4w M / I I I 1 I ( 11 " Air. 11 " _ I ( 1 � ri r ■�� + �Z11 `I IYI� I — U 7R ]R A o.:amums 11 1 1 ��... r41 1 , I ` I(, �•�� Adit '' W`Ir ■ -`PRIVATE STRECT) _ L ow"sn"o ' I Rur (w/o►urwsrs) __—(PRIVATE STREET�_, _ w F{..y `��J ! Mr I (w/o►alrwxrs) — — _ - — ' YYPICAlrPLOTTNO FAA SIILIVllsIARY JA t TYMALPlOIITIQJA rrN N N 1 �r N W4 wtw�W 1 P Nw4 11J-1-11' 1'L J/LY 1♦ 1J y� Kr. M Iwy1 r Wr9�w i fp BMW I llr f A+-11fIlV 1-1 1_ .�. .0"y r1 a+ u 1 1Y •l 3 '" k-Lma , r ~ G L w ��l F�wr W MYN W 1 • MIIt r y 1..1�' — DWHU ww.. J. « =- «ry:_w w.t ...-« :_" Tr „ ►►1 IUY tr npfCLpLCA r1 jai " «.. " �r I wi4116 ■ — I I I—W p�Iwl/•a w 1.•r rY r CATLLLUS ..._/. /S-I,.A..r.R II l.KMEADOWL PLANNING AREAS 1.-/. 4 n11.0 TENTATIVE TRACT NO 15469..TECHNICAL SITE PLAN o-m, ^r t-"%r v -r^m nt=Af'U /`n111MV nt' MANIN: c,rn-rr nf! t-A►tt MM"A t�ailtlu Is rl�uu, n�I I lte�010 1 .AVEIX _ n —10 wwM Y Y Lj / L /1 1 ✓ r 'r 'F i + �' r / I011. v L J 111 ,�I 1 1 1 R fr y rNt I1Y � t y Y jr lox 7 w � Suiti_ 2 � 1 J 1l ! ell— tI %. 1CS «w- \\ 6 K S 1 n� • Y ~ J = S(ITII � \ � `I-wrr :1 : VL � R111�111K�A i • 1s 1 Z �� I ► 011AOI R1 PA fA11f � I` IBASM ivtffy -w IMIII 1 111 Ieff1 ' J tf can (ALct[ Y L I 1 r _ ' I 17c1 iNu IC7A(]I11 ;71-1111 LN11 1&d Y 0 11 -- Y W W � so MEADOWLARK � � t Y � Y PLANNING AREAS 1 4 I mx�rs7Arn�! , TENTATIVE TRACT NO 15469 �,//''��+ rTECHNICAL SITE PLAN /Y/D �"`- t^t rrry aF Hl1NTMOTON BEACH COUNTY OF ORANGE, STATE OF CALIFORNIA tCIA // � 1 i amnrarem � >b 1flCalonel DIGIk FAIR Y DID exi�l"iCe eal/ cubc°u'a 'L r J ti:7��J 11Q�I�mn v . 9 F F)J 1 Y M 00 Jrj MAC( — o.nl— I— , � , i r •�—tile t141 �r F ej r 1 i rt r, w � � .. 1 ( i ' t � � „ „ — —C � ,•...� Ttl�QIS/ �}A 441�15 '9 K V I _ ' fir► Z W) ur1D0 r nscL( ~ saw � t I arur.� 111 QQ�6A r"t i r 1/ MTfXl I. FA6ILY 0141 --------MEADOWLARK 1 y - luu IN I ( `r' In I uAWT .SJ i I m(nn 1 I ', 1 PLANNING AREAS 1-4 TENTATIVE TRACT NO 15469 =` TECHNICAL SITE PLAN IIfAI[l .rnr..rr r n�n/n �� �/1'11C��'/ /►w�►{J.-.,� ...._.. ������ , �v � ��` r' � � # , « � � �E ` '� � �r � - �� �� '� . �►� � a �' ' �"' i�� �r � � `,F f �a� 1 k� ��l �� " Jj le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE ITY CLERK K C f 3 i99g May 13, 1999 Mr Bruce D'Eliscu Catellus Residential Group 5 Park Plaza, Ste 300 Irvine CA 92614 Dear Mr D'Ehscu The City Council of the City of Huntington Beach at its regular meeting held Monday,March 15, 1999, approved Findings and Conditions for Tentative Tract Map No 15469 and Conditional Use Permit No 97-80,Negative Declaration No 97-21,Zoning Text Amendment No 97-04, andZo=g Map Amendment No 97-1 This is a final decision You are hereby notified that pursuant to provisions of Section 1094 6 of the Code of Civil Procedure of the State of California you have ninety days from May 13, 1999 to apply to the courts forjudicial review If you have any questions regardmg this matter,please contact our office at 714/536-5227 Sm =&4y. � Connie Brockway,CMC City Clerk CB cc Enclosure Findings for Approval Government Code 1094 6 Cc City Administrator City Attorney Howard Zelefsky,Planning Director Amy Wolfe,Planner Scott Hess,Principle Planner g-Jfollowvpue tters\90dayltr (Telephone 714-536-5227) r • • § 1094 cJ SPFCIAT PROCEEDINGS Part 3 Note 378 it lit 1 it for it u t ri it it not i 1 ri m i 1 t mutt I i nu )—toot r hnd uu jurtaht[inn t ulifortun l it lilt i tuft lit lit \1 It 11t. It 1 lilt i tit l tiot it Itrnihte nit rits \1 eitt(,rti Air (I )"tl) 1-7 ( ill Rpt r GJtI 57 ( \ Ill _) 1 lilt x lilt '. toh[eskl (IDKI) 1.3 CAI ltptr IHAI tourta jm4.tnisit d lit tit;. nrlt t t 5iD 1111 ( \._A131)(1 ninnditre to cuniprl dtret for t f n„ri ultnre Ihu L that letter dixclurglut; acnlor typ to met a-tile ltt,, dtti ion rotltloisy. pttitton Isl tl rl, lit offitt 'if t unit tl rk Ntnted er s it i list uit turLr Or I it it lit hu tinex+t t t 11111t 3,11 ii ix guilt) of tn1+ onduct in re )lest ci ntrol wnx ri t cr tt d null c nitt rt ulotuly. Ituhlic returclx fr to tho files and uinnilt.11 10 Intl tlurt with lir ttionx to intitiltnng nul xecrttttir theta on various rt i t'ind t n+t. t) dirt ctor for purl+u.t t f durem whercrot to hearing heforo county 1 r conmidering t11e petuiltt i r 6101191y 1111 coil ). riuc coiarnixxion etttlence knit in posed where it wai found that: some of tro lured only nit to wlint took Place on tit, charges ng,einst lictitiont r wera not lint. of the tinter did it)t riquire the du mill ported liy tviticnce \\Ingfiel(l % t lit t c ourt t f iliprid on it 1) ill from iuJg Direct)r of A¢riculture (1072) 1W (,al treat nttnrding humor tipt i clerk wnt of 1 ptr 619 29 C A 3d 209 niandnte after' rover Ling; it o luftlneat of I roccediug for revlcw or tit ninl fit t ooi the xuperior court to rLmanil the matter mu.sloner of rnri oratiour of permit to to the c m n 4v ion for r- onsideration t hnn),o voting, right c of xharoliold rx whore tlit rt wnv a ioutilnni t of facts sur itould he rtninnded to supt rtor court for ronndiug rcinn.-tl of tilt it x-timcnLY on all dt.tcrinuuttion whether tlu.ri wv% suhur in c f the dnit x i ratt % L j) kiigelex Coua teal evidence to support t_)uuulaslout.r b t)nCivil � rat a L-onimissiuu (19ti2) 238 ftudingn wlitre court improperly deter I_d 3 1%L-Aral 11.3 1094 6 Judicial review, decisions of local RgenLies, petition, filing, time, record, decision and party defined, or- dinanc(, or resolution (a) Judicial review of any decision of a local agcmcx other than school district as the telm local agency is defined in Section 54951 of the Government Code of of arty commission boaid, officer or agent tht^eof, m-iy be had pursuant to Section 1094) of this code only if the petition for writ of mandate pursuant to such section is filed ithln the time limits specified in this section. (b) An3 such petition shall be filed not later than the 90th day following the date on which the decision becomes final It there is no provision for reconsideration of the decision In any applicable provi- sion of any statute, char ter, or rule, for the purposes of this section the decislCl+ is final on the date it is made If there is such protiision for reconsideration the declSron is final for the purposeb of this sec- tion upon the expiration of the pel rod dui Ing which such reconsidera- tion can be sought, pi ovided that If Iecomidei-ation is sought pursu- ant to any ,,uch provision the decision is final for the purposes of this erection on the date that reconsideration Is re3ected (L) The completc i cc of d of the pi(a( cedings shill Ix prepared by [tit. Icx 0 fl,en(y of i[1 ioninw, toll hoiitl offt(et lit iL,Lnt which in Lde the deci-,lon and %Mil be clt 1(veie(l to the petrtiont_f within % d tys Ilftci he lvis filer+ I wirtteil request tllLi-t_for ThL local agency may recover from the petitioner its actual costs for ti an"cribing or otherwise preparing the record Such record shall include the tran- Script of thL proceedings, all pleadings, all notices znd orders, any proposed dccrsion by a hearing officer, the final decision, all adautted 674 l t Title 1 • ( NRIT OF MANDATE 0 346 exhibits, all reJected exhibits in the possession of the local agency or Its commission board officer, or agent, all written evidence and any other pipers in the case (d) If tht_ petltlonLi files a ie(lut.�,t foi the record as specifted to snhrltvvoon ((.) within 10 (t iy,, iftei tho d ile the decision becomes (1- wil as pno%idLxl in ,uIxtivimon (b), the lulu. within which t pttition pursu-int to Stzttion 101M 5 may he filed shall tx, extended to not Iater than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of rec- ord, if he has one (e) As used in this section, decision means adJudicatory adimn- istrative decision made, after hearing, suspending, demoting or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance (f) In making a final decision as defined in subdivision (e), the local agency shall pi ovide notice to the party that the time within 1 hick judicial review must be sought is governed by this section As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed, a person ,.those permit or license has been revoked or whose application for a pet mit or license has been denied, or a person whose application for a retirement benefit of allowance has been denied (g) This section shall be applicable in a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable If such ordinance or resolution is adopted, the pi o-,isio-is of this section shall prevail over any conflicting provlalon ' in any otherwise applicable law relating to the subject matter (Added by Stats 1976,c 276 p 581, § 1 ) Forms Sce %%estit Cahforuia Cade 1army Civil Procedure Library References Adminirtrntirt. I.nn and I roredurt C T S Public Adminixtrative Bodies and a?i4 Procedure J 19J Notes of Decislons In general I Dint pubhi. entislortnent relations honnl Exhaustion of administrative remedies 2 lust r'tt hi.na Jurimliction to determine whedii r tltc unfair practice charreK were Jnstiriiel anal, in riew of teachers faiilurc it) echnuvt their ndinintstrttive retnc,&cs I In general snider the Itntidit Act Mai court erred in 1t linnl i itrtl a vnilitr rul frrrzini, of arantinl, writ of mandate to eomgcI super trarht ri xalurit-t after bry,innilti, ur new inletiil nt of ilixtntt and others to ralitr xtlitxil year while rmttrntt nexatintium xilart-t of rertutn ttroclicry Atmilnr Val wart l rntliut, arltnul lc wax nit unfair ii r '- t tubtrp Ellut atort Avt u ♦ Newlin liractuc sii riulattun of tilt Itudda Art, so (10701 151 Cal.Rptr 724 33 (-AZI Mrl 676 - _ t r �Q 0�0� FINDINGS AND COINDITIONS OF APPROVAL 7 319c CONDITIO\AL USE PERMIT NO 97-80/ TENTATWE TRACT MAP NO 15469/ V NEGATIVE DECLARATION 97-21 (WIE AD OWLARK) March 10 1999 FINDINGS FOR APPROVAL- NEGATIVE DECLARATION NO 97-21 1 The Negative Declaration No 97-21 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines It was advertised and available for a public comment period of M entti (20) daj s No comments were received during the comment period 2 Mitigation measures for Negative Declaration No 97-21 attached hereto shall become part of the project conditions of approval, (unless superseded by more restrictive TTWCUP conditions), and will avoid or reduce the project's effects to a point where clearly no significant effect on the environment wall occur Mitigation measures address a number of potential unpacts including affordable housing requirements, land use compatibility,noise impacts and hazardous materials There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated wall have a significant effect on the environment FINDINGS FOR APPROVAL-TENTATIVE MAP NO 15469 I Tentative Tract Map No 15469 for subdivision of 48 4 gross acres for the purpose of developing a 313 unit residential community is consistent with the General Plan Land Use Element designation of M-sp(Mixed Use- Specific Plan) on the subject property and the amended Meadowlark Specific Plan, as appro,.ed by the Planning Commission The number of units m each planning area areas follows PA1-62, PA2-51,PA3-113, and PA4-87 Detached single family homes on small-lots are a permitted use The site is physically suitable for the type and density of development at 9 8 units per net acre (6 5 units per gross acre) The site was previously approved for a higher intensity of land use (12 4 units per gross acre) The size, lot frontage, street sections and other design features of the proposed subdivision, as proposed or conditioned, are in compliance with the amended Specific Plan 3 The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The project«as evaluated m Negative Declaration No 97-21 and will comply with appropriate mitigation measures The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements, for access or for use, will be provided The subdivision, as conditioned,will provide all necessary easements and will not affect any existing easements (a wolfe\3 San) t • f FINDINGS FOR AP: _ OVAL - CONDITIONAL USE TIT NO 97-80 1 Conditional Use Permit INTo 97-80 for the establishment of the 313 d«elling unit planned communit) and reduced front)and setbacks in PAI (pursuant to section 4 5 A PAI 7 a of the Meado«lark Specific Plan) and PA2 (pursuant to Section 4 5 A PA2 7 a of the Meadow lark Specific Plan) «ill not be detrimental to the general NN elfare of persons .N orking or residing in the N iciniv, or detrimental to the r alue of the proper and impro"ements in the neighborhood There are 62 single famil) residence detached uruts in PA-1 51 single famil', residence detached in PA-2, 113 single fa.rnil) residence detached units in PA-3, and 87 single family residence detached units in PA-4 A total of 244 on-street Quest spaces be provided as «ell as an additional number of parking spaces pro-,ided on the spine road The proposed project as conditioned will provide the necessary infrastructure and site improvements to accommodate the needs of project residents and the adjoining communit) PAI and PA2 represent innovative de,,elopment concepts and rebult in an impro'.ed street scene 2 The conditional use permit request, as conditioned, .ell be compatible«ith surrounding residential and commercial uses The proposed buffer areas bet"een the existing easterly adjacent properties and PA3, project grading, site design and subdivision la)out, and numbers on on-street guest spaces will properly adapt the proposed structures to streets, drive«a,,s and other adjacent structure and uses in a harmonious manner 3 The proposed residential development, as conditioned,will comply«zth the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use The proposed use will meet the approved Meadowlark Specific Plan HBZSO and HBOC provisions, including, lot size, setbacks, density and parking PAI and PA2 provide a creative layout and include innovate%e architecture and design 4 The granting of the conditional use permit will not adversely affect the General Plan It is consistent with the Land Use Element designation of M-sp (Mixed Use-Specific Plan) on thf subject property In addition, it is consistent with the following goals and policies of the General Plan A LU 91 2 Require that single-family residential units be designed to convey a high level of quality by considering the following guidelines a Modulate and articulate building elevation,facades and masses (avoiding undifferentiated "box-like" structures) d Encouraging innovative and creative design concepts B LU 9 3 2 Require that the design of ne« residential subdivisions consider the following b Integrate public squares, miiu-parks, or other landscape elements (.a wolfel3 8tm) 2 i Co a duced street width, to achie,e a W' ( - Urriate relationship between structure Lo the extent fea,ible and in accordance Lh Huntington Beach Fire Department regulations CONDITIO\S OF APPROV4L -TE\T4TIVE M kP 10 15469 1 The tentative tract map recen ed and dated October 19, 199S shall be the appro,ed map as revised or amended by the Meadowlark Specific Plan provisions and de,elopment standards and the conditions of project appro,.al 2 The project shall comph , 7tn parkland dedication requirements Dew elopzr_shall dedicate_a minimum of 2 4 acres of part.land and shall pa,. parkland dedication in-lieu fees to satisfy the remaLning project par'land dedication obligat,on The de,,eloper shall improve 2 4 acres of park land and an adjoining 8 acre, of Gibbs Part.to Cit, specifications The cost of the 3 2 acre park improNements will.be credited to the payment of in lieu fees (This vtiould not include any related impro,.ements associated w inn the detention basin) In-lieu fees shall be assessed at a land value rate equal to S500,000 per acre The balance of park land in-lieu fees shall be deposited into the Park Acquisition and DeN elopment Fund The proposed neighborhoodpu6lic par s a e at an s a I prop i eat a mirumum three (3) acres of dry, usable park space (Communitri Sen ices) 3 Retaining walls shall be setback a minimum of four(4) ft from the back of side�V alks No retaining w alls shall be permitted within the'Spine Road street ROW N 4 Lot `N shall be reconfigured to pro,,idea minimum often(10) ft landscape buffer along v Airport Circle and pedestrian access onlr betty een Roose,.elt Lane and Airport Circle The �iP�ldJ remaining portion of the subject lot shall be incorporated within the adjoining residential lots Cr /^� O Wall and fence plans shall be submitted and appro,%ed by the Planning Building and Public Works Department Prior to construction of an,. new walls, a plan shall be submitted identify uig the removal of any existing w alls next to new w alls, and shall include approval b, property owners of adjacent properties The plans shall include section drawings, a site plan and elevations The plans shall identify materials,seep holes and drainage 6 Decorative paving shall be provided at main project entrances (Heil Ave/Spine Road and Plaza Lane/Spine Road) and at all entry points to each of the Planning Areas The type of enhanced paving matenals to be provided shall be subject to review and approval by the Public Works and Plaruing Department 7 At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Planrung Department and appro,,ed by the City Attorney The CC&Rs shall a)reflect and address the common driveway access easements,use easements, landscape easements, maintenance easements as well as maintenance of all walls and common landscape areas by the Homeowner's Association b)require use of the garages for automobile storage, a minimum of eighteen(18)ft by nineteen(19) ft shall be maintained clear of any obstructic for automobile parking, c)limit additions to and exterior modification of dwelling units within all planning areas in accordance with Meadowlark Specific Plan provisions, d) inclu enforcement of no-parking areas and include language similar to the letter from F Scott (g wolfeV srm) Jackson dated lice' er 2 1998 The CC&Rs shall 0- in ordable form prior to recordation of the mdp CStreet lighting shall be designed and constructed to comply «zth Meadowlark Specific Plan provisions pertatning to decorati-,e street lighting Street lighting levels along street A shall be increased to prop ide pedestrian N isibility per Public '%\orks Department (P«� `9 -, Fire by drant locations shall be appro,,ed bs the Fire Department (FD) 10 Tentatt,,e Tract Nlap No 15-69 shall comply «ith all mitigation measures of Negati-,e Declaration No 97-21 (attached hereto and becoming a part thereon) unless mitigation measure(s)are superceded bt more restrictive conditions of project approval ��Tentatn e Tract Map No 15469 shall comply with Amencan Disability Act(ADA) Standard 12 Prior to recordation of the final map and unless otherwise stated,the following conditions shall be completed Bonding may be substituted for construction in accordance«Zth the provisions of the Huntington Beach Zoning and Subdi�ision Ordinance a An affordable housing plan shall be submitted to the Cit-, of Huntington Beach, in accordance ,,ith Meadov,lark Specific Plan pros isions The plan shall provide for affordable housing on-site or off-site The contents of the affordable housing plan shall include the following 1) Ten percent(10%) of the total units proposed shall be affordable to lo« and moderate income le,,el households (maximum 100% of the Orange County Median Income)for a penod of thirty (30) years 2) A detailed descnption of the type, size, location and phasing of the units being built 3) If rental units are used to satisfy this condition, then the units shall be for households earning between 50%-80% of the Orange County Median Income b All,%ehicular access rights to all public and priN ate streets within the proposed subdivision including Hell Avenue and Street 'A" shall be released and relinquished to the City of Huntington Beach except at locations approved by the City (PNV) c "�A final sewer study shall be submitted for Public Works approval The development shall design the sewer system required to serve the development (PtiV) �d A letter of acceptance for additional sewer float s shall be required from the Orange County Sanitation District (P`V) The water improvements shall be designed as shown on the approved Tentative Tract shown Map, and per the City of Huntington Beach water Division's Standard Plan, Specifications and Design Cntena. The Developer shall submit a final water system analysis with calculations with the project's first plan check to confirm appropriate sizing and layout If the analysis shoes that fire flow demands cannot be met with the City's current water pipeline infrastructure, the developer v.-ill be required to upgrade the City's pipelines)stem to meet the demands at no cost to the City The City of (g wolfe\3 8tm) 4 Hunttnatoee w ater Di,,ision shall appro%e *h( -je� or additions to pipeline infrastructure , ►iy new infrastructure constructed in t, - public right of-v aS shall be dedica,ed to the Cit, upon successful comple,ton of the project and shall conform with all bactenological testing requirements (PNN� f -"-,The applicant«ill w ork w ith the Fire Department to assure that the street name of 'A' Street «-ill be consistent from south of Warner through the north side of Heil A�enue The applicant«ill be responsible for any modification to existing signage due to name changes MM Final h,,drolog� and by draulic studies for bOLh on and off site facilities shall be submitted for Public Works re-,iew and appro,.al Drainage easements and lots destanated as de,.entton areas shall also be shown on the Final'Map as directed and appro-,ed by the Department of Public Works On site drainage shall not be directed to adjacent properties but shall be handled by a Public Works appro,ed method Runoff from the site shall be restricted as directed bi the Department of Public Works to mtrumize impacts to downstream facilities Drainage flows from adjacent properties will be accepted and nutigated as pan of the onsite drainage improl-ements If the detention facilities are proposed ,.tiithnrn park areas, all storm flo,`s up to and including the 10 }ear eN ent shall be contained below grade Any surface tit ater detention above the 10 ear event shall not be allow ed to pond above grade for more than 2 hours Porous soil and an underdrain s)stem Ntizll be incorporated in the park and field areas at the direction of the Public Works Department to insure these areas maintain the required drainage associated«nth active park use (P`V) (Ft The De%eloper shall design off-site drainage improvements as required by the Department of Public Works to mitigate the impact of increased runoff due to development, and pass through flow s, to deficient downstream drainage systems Design of all necessary drainage improvements shall provide mitigation for all rainfall eN ent frequencies up to a 100--,ear frequency All storm inlets shall be grated (P`V) OStree,s B" through ` H ', `J and`L shall be designed per modified Standard Drawing 104%,.ith 50 ft of nght-of-tivay, and-,ti-ith a 32 ft curb to curb width Sidewalks shall be 4 ft .cide minimum Nvith a 5 ft wide parkway adjacent to curb Parking shall be restricted to one side (PZV) Street I" and`K" shall be designed per modified Standard Drawing 104 with 50 ft of right of way, and with a 40 ft curb to curb width Sidewalks shall be 5 ft wide minimum adjacent to the curb Parking shall be permitted on both sides of the street. (Ptij7 Dk All street grades shall be a minimum of 0 50% (PW ) 1 Streets N1' through`Z' and`AA' through`BB 'shall be designed per Standard Draw ring 104 (42 732') The side«alk shall be 5 ft wide mirumum with 'pop-out' sections outside the street nght of«ay around street furniture to comply with ADA requirements Parking shall be restncted to one side (PSG (g wolfed 3tn) 5 ni A final parking la)out plan shall be subt�ri as part of the street impro,.ement t, any for all prig ate and public sire 1 parking and road«a,, layout shall be anal}zed b% a registered traffic engineer for sight-distance pedestrian safety and all-v ati stop scan warrants at key intersections prior to acceptance by the Public Works Department The parking lay out plan shall conform to Cit, standards and the City s Subdi,,ision Ordinance and ivlunicipal Code requirements including Municipal Ordinance\o 10 40 050 \To on street parking shall be permitted adjacent to emergency access areas in compliance with Fire Department Specifications 401 and —'1 5 This plan shall be used for parking control by the HOA Streets«here parking is permitted on one side oniti shall have the no parking side painted with a red stripe N isible to the dn,,er, and no parking— fire lane signs shall be posted prior to any mo-,e ins Fire lanes shall also be designated in compliance w ith City Fire Department Specifications 401 and 415 A total of 244 on-street guest parking spaces, e-,clusive of guest and park parking prop ided on Street A' (Spine Rd), shall be prop ided, each planning area shall maintain at least a 5 space per unit (based upon the exhibits presented by the applicant and attached to the staff report) (PNV/Plannina) l� The de%eloper shall design and construct a traffic signal at the intersection of Heil Avenue, Street`A' and Del Mar Lane (PNN) (c; The southerly 29 ft of existing Pearce Street and all of the new proposed Pearce Street to the intersection of'K" Street shall be dedicated to the public for street and public utility purposes per modified Standard Plan No 104 (29'/20' half section) The side-,Nall,shall be 4 ft .,ide mirumum v ith a 5 ft vide parkway adjacent to the curb (P`N� Street`A shall be dedicated to the public for street and public utility purposes The street section shall be designed per modified Standard Plan 104 with 60 ft of right of «ay and a 32 ft curb to curb«zdth Additional parking on Street'A' shall only be permitted per the approti ed parking layout plan in pockets located wAlun the parkway The pockets shall include curb radius transitions A meandering 6' wide sidewalk shall be incorporated in the parkway on each side of the street The intersection of'A" Street and Heil Avenue shall align with Del Mar Lane A queue length analysis shall be performed to provide adequate stacking for left turn movements from`A' Street to Heil Avenue (P`V) ,-q—.,Those portions of the sewer and storm drain system which are in private streets shall be maintained by the HOA (PW) All street intersections shall intersect at 90 degrees or radialy to curved streets The developer shall perform sight distance analysis (using a design of 35 mph) for all intersections along Street`A" (PtiV) The developer shall design signing, striping and street lighting in accordance with Public Works Standards and the Specific Plan The southerly 18 ft of Heil Avenue shall be dedicated to the public for street and publi utility purposes (PNV) (Q«olfe\i Sari) 6 Heil A,,e0si' 'l be designated per the City s iar llan\o 102, modified (100 /70 ), inc, .Ling a 7 ft bile lane on the south side L rleil 44enue The developer shall design protected left turn pockets (150 ft in length) in both directions on Heil A%enue, (design speed 50 MPH) The de%eloper shall dedicate additional right of-«ay, if necessary, on Heil A-,enue to permit installation of the protected left turn pockets as directed by the Department of Public Works (P«� An additional 12 ft of landscaping shall be required adjacent to the Heil A-,enue right of-way Landscaping improvements shall be designed and installed per Public Works Standards This landscaped area shall be contained wZthin an easement for maintenance by the HOA (PNV) ('-'I A reproducible my lar copy and a print of the recorded final map, along w ith digital `1 graphic files of the recorded map per the City of Huntington Beach' CAD Standards Manual for Consultants' , shall be submitted to the Department of Public Works (PNV) lx` The following shall be shown as a dedication to the Cin of Huntington Beach on the Final Map 1) An easement o,%er the pn,�ate streets for Police, Fire Department, and utility maintenance access purposes 2) A 2 ft public utility easement adjacent to the street right of-way, as shown on said map (7 ft parl.,wa)s or less) 3) The water sy stem and appurtenances as shown on the impro,,ement plans 4) Access rights in, over, across, upon and through the private streets for the purpose of maintaining, sen icing, cleaning, and replacing the water system 5) The easements for seu er and storm drain purposes as shown on said map, with maintenance by the HOA 6) All perimeter, streetscape, community open space and greenbelt areas,Norma Gibbs Park extension and other required landscape improvements shall be dedicated w ith the first phase of development (PNV) y1 The developer shall provide a 10 ft(minimum) wide decorate%a pavement section at the `J joint points of the public streets, excluding Pearce Street east of Street'K'per the City's direction The decorati-ve pavement section shall end at the curb returns in the private street portion (PNV) A phasing map shall be submitted for approval to the Public Works Department showing unprovements to be constructed and right of w ay to be dedicated with each phase All required infrastructure, including all public streets and Street`I"and"K' shall be designed and constructed with the first phase (Ply) as The engineer or surveyor prepanng the final map shall comply with sections 7-9 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Sub-article 18 for the following items, 1) Tie the boundary of the map in the Horizontal Control System established by the County Sun ey or 2) Provide a digital-graphics file of said map (P«D (�wolfel3 3tm) 7 1-,bb All impAn r securities (Faithful Performanc bo- &- Material and Monument Bondb) StL^..,t%ision Agreement shall be poste ,,ilk ze Public N%orks Department and appro,.ed a� to form by the City Attorneti (PNSD cc A Certificate of Insurance shall be filed,.with the Public NVorks Department and approve ed as to toms by the City Attomew (PNN� dd)All Public «orl.�:,fees shall be paid (P%'v) ee A ca.,h pay ment in the amount of$35 000 00, in addition to any traffic impact fee due, snail be made to the City, for the dew eloper s share of the future traffic signal at the interjection of Bolsa Chica Street and Pearce Street as specified in the Meadowwlark Specific Plan (PNN� ff Tentative Tract NIap NIo 15469 (PA 4) shall be revised to accommodate the proposed architectural dezign and comply with minimum setbacks, inclusive e of side yard setbacks gg A copy of the CC&R's shall be submitted to the Department of Public Works for review and approve al The CC&R's shall provide as a muumum 1) The HO k shall be responsible for performing regular maintenance and monitonng of the storm water system in conformance with the Storm'Water QualitS Management Plan for the development 2) All public fire hydrants within the development shall be kept clear of landscaping and improvements per City requirements and standards and painted as required 3) The Huntington Beach Police Department shall not be restricted from enforcing all parking regulations and the citation of violations for any parking not permitted by the approved parking plan for the project 4) Red curb for'-No Parking"zones shall be maintained yearly by the HOA 5) Provisions shall be made in the CC&R's to prescribe street sweeping guidelines performed by the HOA Guidelines shall be in conformance with City requirements (PLAY) Rolled curbs shall be provided on all private streets ii Ememew, w ehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department (FD) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification 9401 (FD) /kkk�The developer shall pay a proportional share for the signalization m of the HeiVGraha intersection as determined by a traffic unpact analysis The by the Department of Public Works (PSG Go wolf 3 Sim) 8 13 The follo«A tions shall be comple,.ed prior t&L ce o`grading permits A Grading Plan, prepared b,. a registered Cr.it Engineer, shall be submitted for revie« and approval The Grading Plan shall include design of the detention basin area within the proposed part.site This plan shall also include an erosion and silt control plan for all v ater runoff during construction and site preparation«orl. Final grades and ele%ations on the Grading Plan shall not%a--) bs more than 1 ft from the grades and elevations on the appro-v ed TentatiN e Map (PNN) b A detailed soils anal)sis shall be prepared by a registered Cic it Enaineer This analysis shall include on-site soils samoling and laboratory tebting of ma',erials to provide detailed recommendations for grading, chemical and fill properties reLairung walls, streets, and utilities (PNV) c A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect,shall be submitted to the Department of Public R orks for revie« and appro,,at by the Park,Tree and Landscape Division The Developer shall submit irrigation demand,to ensure proper imgation seance sizing (PLAN) ,d , In accordance«zth NPDES requirements, a`NVater Quality Management Plan'shall be prepared by a Cii it or Environmental Engineer Water qualitz BNQ and education information shall be included in the CC&R's (P«) e The Developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a truct,and construction N ehicle routing plan This plan shall specify the hours in ttihich transport actin sties can occur and methods to minimize construction related impacts to adjacent residents These plans must be approved by the Department of Public Works (PLAY) The Developer shall subrrut to the Fire Department proof that the abandoned oil well located on the site has been re-abandoned in accordance with current California Department of Conservation Di%ision of Oil, Gas and Geotechrucal Resources (DOGGR) standards, subject to the approval of the Public Works Department and Fire Department (Mitigation Measure) g� The Developer shall ensure that dunng demolition of existing structures or the removal of potentially asbestos-containIna materials,these materials shall be tested for the presence of asbestos If it is determined that the materials are asbestos-contamma,the materials shall be removed from the site and disposed of by licensed contractors in accordance with current regulatory standards,subject to approval of the Public Works Department and Fire Department (Mitigation Measure) h' The Developer shall ensure that during demolition of existing structures or the removal of potentially lead-contatnina materials existing building debris(i a paint) shall be handled in accordance with current regulatory standards,subject to the approval of the Public Works Department and Fire Department (NIitiaation Measure) (�wolfe%3 8tm) 9 ,i ) The Developer Snalt ensure that during demolition of ert- ng structures or the removal of potentially hazardous chemical containing materials these materials shall be handled b,, licensed contractors in accordance «tth current regulatory standards subject to the appro,.al of the Public Works Department and Fire Department (Mitigation Measure) 14 The following conditions shall be completed prior to issuance of building permits a No combustible construction shall occur until the approv ed«aLer sN seem has been installed b The v.ater sy stem shalt be located vathin v ehicle tra,,el"av s dedicated to the Cit) «here possible Ground coNer,hardscape and/or softscape o,%er v ater lines shall be approved by the Water Division The de%eloper or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the City, xvhich shall address repairs to any enhanced pavement,«allz,, fencing, curb, gutter, landscaping, etc by other than City forces (at no cost to the Cit)), if City water mains require maintenance or repair c Construct off-site drainage improvements as required by the Department of Public Works to mitigate impact of increased run off, due to development, or deficient, downstream drainage systems Design all necessary drainage impro�ements shall provide mitigation of all rainfall event frequencies up to 100-year frequency d The Developer shall subrrut a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to muumize noise impacts e The Developer shall provide an interior noise study prepared by a qualified acoustical consultant,which identifies building upgrades that will attenuate interior noise levels by at least 30 dba in order to achieve consistency with the City's interior noise ordinance These upgrade.,could include upgraded windows and mechanical ventilation so that the windows could remain closed This noise study shall be subject to the approval of the Planning and Building Department f The Developer shall ensure proper noise attenuation for lots proposed directly adjacent t Heil Avenue through implementation of six-foot barriers along Heil Avenue This wall height is relative to the pad elevation Location of this wall shall be in conformance wit the location recommended in the Noise assessment Noise barriers shall consist of a surface density of at least 3 5 pounds per square foot, and shall not have opemngs or cracks The noise barriers for rear yard areas may be a wall,berm, or a combination of the two The sound wall or any patio barrier that maybe necessary maybe constructed 5/8-inch Plexiglas, any masonry material, or a combination of these materials Plans fo the proposed noise barriers shall be approved by the Planning and Building Department (itilitiaation Measure) (g «olf63-8cm) 10 g The De-veloper' 11 ensure p-oper no :e a-terua io00i' -p-opozed alo-ig the southerl} boundary of Planning Area' adjacent to t-ie comme ciai Le-ite- (IN leado«lark Plaza) and Planning Area 1 adjacent to Heil -kl-e throug-i con�—_uctio- of a noise attenuation«all The height of the «alls (as neasured from the highe,t adjazenL grade) shall be 8 in height, portions of the «all adjacent to the co-nmeretal cen er along the southerl} property line may be up to 12 in height The trucl,loadin_dock a-eas on the commercial center site shall be enclosed (as agreed to at tae Pla=ng Co-n_ni»ion meeang) The Developer shall ensure imolernentaLio, o:the noise miuga ton mea_,ure, aopro-ved b} the City to reduce exterior noise impacts on affect-co.- areas to len els of less than significant and in compliance -,r,ith the Citti s Noise Ord,na_-ice Final ola=, for proposed noise barriers shall be in accord«-ith noise stua5 and app-o-,ed b, tre Planning and Building Departments (Mitigation~Measure) 15 Dunng grading/construction ifLr a surnp pit is ercounrered, dr=lkng mud pre,ent must be sampled and tested to ensure tria- the rnatenal are non-hazardo!s subject to the approval of the Public Works Department and Fire Depa-'ment 16 The following conditions shall be cornple,ed prior to final occ Tpaac} (PNY) a Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppressior«a-er services b Each proposed dwelling unit shall require a separa a dome.-,ttc meter and service All domestic water meters shall be sized in accordance with t-e UPC and the requirements of the City of Huntington Bach Building Depanrrent anc the Fire Department c All existing overhead utilities snall be installed undergroi__id m accordance with the City's Underground Utilit-, Ordinance In additio:,all electr_cal transformers shall be in stalled underground d The entire public park, including the extension on o No=Gibbs park,shall be improved to Public Works Standards The de%eloper shall provide for aminimum of 20 parking stalls on Street A' One space snall be ADA compliant, and shall be located along the public park frontage e All public infrastructure impro,�ements,peri=ter,streetscape, community open space and greenbelt areas, public par:and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in. Private infrastructure shall be constructed per the approtied phasing plan. f Soil tests for agncultural suitability,fertility and appraisal,£-omthe site to be landscaped, shall be submitted for review and approval b,. Park,Tree and Landscaping Division of Public Works Test results and corrects.a recommendations by the Testing Lab shall be included in the Landscape Plan Specifications for construction (g wolfe\3 8cm) 11 g Existing m a rees that are to be remoNed must Ae -ed at a 2 1 ratio with a 36 box tree or palm equivalent The Developer shall have a Lonsultina Arborist quantift, identif%, size and analyze the health of the existing trees The report shall also recommend ho« the existing treeb that are to remain (if an,,) shall be protected and ho« far conztruction/grading shall be kept from the trunk h All land,caping irrigation and planting installation shall be certified to be in compliance with the Citti approved landscape plans by the landscape architect of record in I.vntten form to the City Landscape Architect prior to the final landscape inspection and appro-,al i All streets shall be fully impro,,ed per the conditions of appro"at 1 A block wall (solid grouted)shall be constructed along the southerly boundary as required per Condition No 16 g herein (Mitigation Measure) k A ' Landscape Maintenance License Agreement"is required for the continuing landscaping maintenance along Street`A"and Heil Avenue by the Homeowners Association 1 Street lighting for Heil Avenue and all other streets shall be owned by Southern Califorrua Edison Co Street lighting shall be constructed in accordance-with City Standards and Meadowlark Specific Plan requirements pertinent to provision of decorative lighting fixtures m The De,.eloper shall install 150 ft left turn pockets at the intersection of Heil Avenue, Street A" and Del Mar Lane n The Traffic Impact Fee shall be paid prior to issuance of certificate of occupancy 17 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restrictive conditions of approval contained herein 18 The Planrung and Public`Yorks Directors ensure that all conditions of approval are complied with If any changes to the Tentative Map occur,these two Directors shall be notified in venting The final map shall not be recorded until these Directors have reviewed and approved the proposed changes for conformance with the intent of the Cit% Council's action and the conditions herein If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO INFOPUMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT i1�IAF NO 15469 1 The Final Map shall not be accepted by the City Council until ZMA No 97-1 and ZTA No 97-4 are approved and in effect Once complete,the Final Map shall be accepted by the City Council ,recorded with the Orange County Recorder and a copy filed with the Planning Department (g wolfel3 8tm) 12 2 Park and RecEoon Fees shall be paid prior to accepoe of tn; Final Map by the City Council State Mandated school impact fees shall be paid prior to issua-ice of building permits 4 klt applicable Public Work s fees shall be paid prior to map recordation _S Tentative Tract Map No 15-469 shall become mull and void unless exercised within tuo ,,ears from the date of final approv al An e%tension of time may be granted by the Director of Planning pursuant to written request stbmitted to the Planing Depar-Linent a minimum of 30 days prior to the expiration date 6 'The applicant shall submit a check in the amoun of S33 00 for the posting of the Notice of Determination at the County of Orange Clerk s Office The check shall be made out to the County of Orange and submitted to the Department of Community Development within tv�,o day s of the City Council action CO\'DITIONS OF APPROVAL- CONDITIONAL LSE PER:MIIT NO 97-80 1 The Conditional Use Permit plans/documents receiv ed and dated October 19 -21, 1998,shall be the conceptually approved plans with the follovvzng modifications a The Conditional Use Permit plans/docurnenLS shall be revised to compl with the Meadowlark Specific Plan provisions and dev elopment standards and any other applicable provisions of the HBZSO and HBOC, inclusive of public part dedication, building setbacks,building height,parting and storage requirements b Garage driveway widths shall be designed in accordance with HBZSO Section 231 18 D 4 and Municipal Ordinance 17 20 010 and 17 20 030 Turning radius' on angled driveways shall be adequate to allow tuns in one movement to enter sa-rage entry areas c Depict all utility apparatus, such as,but not limited to, fire hSdrants,back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public rights of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Back-flow prevention devices shall be prohibited in the front yard setback and shall be screened from view (Code Requirement) d Depict all gas meters,water meters, electrical panels, air conditioning units,mailbox facilities and similar items on the site plan and elevations If located on a building,they shall be architecturally designed into the building to appear as part of the building They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks e For zero lot-line construction,the maxamum separation betvv een building wall and property line shall not exceed tvv o (2) inches f The southwest portion of Planning Area 4 shall be redesigned to provide at a minimum a ten (10) ft wide landscape buffer along Airport Circle, the remaining portion of Lot"N" shall be incorporated within the adj oL iing pnv ate residential lots (g«oIfel3 8im) 13 Q The Wall�d j.' ce plan dated October 19, 199S SQI bL ^ %iced as folios D 1 Incorporate theme wall deign treatment along Lot' L' 2 Incorporate front }and fence deign option 3 Identify block galls in accordance «-ith condition 14 g of the Tentatie e Tract Map, 4 Wrought iron fencing along rear property lines of lots adjacent to the public park, 5 Location of wood fences for interior and rear}ards not abutting a street, 6 Block v,alls along evertor side yards,and rear 3 ards abutting a street, and for all project perimeter property linen abutting existing properties h If outdoor lighting is included, ene,gy saving larnp�, shall be used All outside lighting shall be directed to pre,,ent 'spillage onto adjacent properties and shall be sho«n on the site plan and elevations i Product mix modifications shall be subject to reN ievr and approval by the Planning Department j Planning Area 1, Floor Plan 2 and azsociated conditional use permit and tentative tract map documents shall be revised to comply with the approved Meadowlark Specific Plan parking requirements Redesign parlor so as not to constitute a bedroom by definition of the Huntington Beach Zoning and Subdivision Ordinance k Planning Area 1,Floor Plan 3 includes a master retreat adjacent to a master bedroom «hich shall not constitute a separate bedroom provided there is a wall opening of minimum six(6) feet or that it is accessed through a master bathroom No exterior stairways accessing either a dwelling, or balcony/deck shall be permitted 1 The architectural plans for all dwelling uruts«Zthin PA-2 shall be revised to comply with Meadowlark Specific Plan maximum building height requirements (30 ft maximum) m The dwelling unit on Lot 39 (PA-2)shall be re-plotted to comply with the nurumum 10 feet extenor side yard setback n Plan 2 and 2X(PA-2) shall be revised to comply %vith the minimum 20 feet (width)by 20 feet(depth) interior garage dimensions Plan 2X and 3X(PA-2) shall be revised to eliminate the excess substandard compact and tandem parking Excess tandem/compact parking areas shall be allocated to alternate uses and shall comply with the Meadowlark Specific Plan parking requirements o Interior garage dimensions for PA-3 and PA-4 shall be pursuant to the plans presented to the Planning Commission at their December 3, 1998 meeting 2 Pnor to submittal for building permits,the follo«-ing shall be completed a Zoning entitlement conditions of approval shall be printed verbatim on the second page of all working drawing sets used for issuance of building permits (architectural, structural, electrical,mechanical and plumbing) (-«olfe\3 8tm) I4 • of b Points of interest architectural landscaping recreational and sculptural), seating areas and functional pa,,ilions shall be incorporated within the o%e,all pedestrian promenade' Spine Road design theme A detailed plan specifying the prorosed design elements shall _ be submitted to the Planning Department for re-,ie« and approval by the Design Re-,ie« Board c Decoratt�,e street furniture and light fixtures shall be incorporated within the Mead0«Iark Specific Plan area(PA 1- PA 4) Street fumiture and ligh fixture specifications and locations shall be submitted to the Planning and Public Workb Departments for revie%% and approval by the Design Review Board d Names of streets shall be submitted to and appro,.ed by the Hunangton Beach Fire Department in accordance with City Specification No 409 (FD) e Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department f The Planning Department shall review and appros a the follovtZnig 1) Enhanced architectural treatment for building facades visioIe from public right-of- way, open space areas and parks sites 2) Revised site plan and elevations as modified pursuant to Condition No I Cr The following Fire Department requirements shall be noted on the building plans 1) Fire lanes will be designated and posted to comply with Citz Specification No 415 (FD) 2) Address numbers will be installed to comply with City Specification No 428 The size of the numbers will be sized a minimum of six(6)inches with a brush stroke of one and one-half(1-1/2) inches (FD) 3) On-site fire hydrants shall be provided in number and at Iocations specified by the Fire Department. (FD) 4) Automatic sprinkler systems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards Shop drawings shall be submitted to and approved by the Ftre Department prior to installation (FD) 5) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) 6) The project will comply will all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay districts (FD) (�wolfe3-3tm) is h Residential t)pc- .,Lructure�on the_uoject propen< ..hetn_, attached or detached shall be constructed in compliance «ith the S ate acou�Lical standards set forth for units that lie ..ithin the 60 CNEL contours of vie propert. E%idence of compliance shall consist of submittal of an acou,tical anal)siz.report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering ..ith the application for building permit(s) (Code Requirement) i A detailed soils anal.sis shall be p :cared by a registered Soils Engineer and submitted ..ith the building permit application This anahzis shall include on-site soil sampling and laboratory testing of materials to p,o.ide detailed recommendations regarding grading, foundations retairuna v allb, streeo utilities and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) J 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 .vitbin this development shall be constructed in compliance ..ita the g-factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for re.iew pnor to the issuance of building permits (Code Requirement) k Floor plans shall depict natural ga, a-id 220% electrical shall be stubbed in at the location of clothes dryers, natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units 3 Prior to issuance of grading permits,block%Nallffenciig plans shall be submitted to and approved by the Planning and Building Department Double trails shall be discouraged If double ..alls are proposed, evidence tna the adjacent property owner does not agree to have their existing wall remo.ed shall be submitted In addition,the double walls shall be designed with the narro%%est separation possible and shall include lightweight fill into the gap to reduce crevice areas Prior to the construction of any net. ..alls, a plan must be submitted identifying the removal of an) existing.,alls next to the nec. .Nalls, and shall include appro-v al by property o,.ners of adjacem properties The plans shall include section drawings, a site plan and elevations The plans shall identif. materials, seep holes and drainage The height of the required noise attenuation.%all along the southerly project boundary, adjacent to the Meadowlar�Plaza,shall be measured from the highest adjacent grade 4 Prior to issuance of building permits,the following shall be completed a Submit copy of the revised site plan floor plans and ele-v ations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department b A Landscape Construction Set mu,L be submitted to the Department of Public Works and appro.ed by the Departments of Public `Vor'%s and Planning The Landscape Construction Set shall include a la.-idscape plan prepared and signed by a State Licensed Landscape Architect.%hich identifies the location,type,size and quantity of all existing (g «o1fe%3-3crit) 16 plant mat. tn remain existing plant material besemoNed and propobed plant materials, in Lion plan a grading plan, an apo�l zae plan and a copy of the entitlement conditions of aDprol�al c The landscape plans shall be in conformance w ith Chapter 232 of the Zoning and Subdr�ision Ordinance and applicable Design Guidelines Any existing mature trees that must be remoled shall be replaced at a t,.tio to one ratio (2 1) with minimum 36 inch boy treez, and shall be incorpo-ated into the projects landscape plan (Code Requirement) d The Final Map shall be accepted by the City Council recorded w ith the Orange County Recorder and a copy filed with the Planning Depanment (Code Requirement) e T'ne property ow-ner shall sign notarize, and record with the County Recorder a covenant assuring that the single fa_rml,, residences will be maintained as one(1) dwelling unit f The developer shall submit a separate utility plan shoving eater sT,stem improvements, including sen ice connections to each building, fire hydrant, N alves, backflow devices and other appurtenances in accordance with applicable U P C , City Ordinances, Public `Forks Standards and ti� ater Division design criteria These plans shall be approved by the Public Works Water DiN ision and the Huntina-ton Beach Fire Department prior to any construction (PN�� g An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers grid contractors during the project's construction phase and that adjacent properties will not be impacted by their location The applicant shall obtain any necessary encroachment permits from the Department of Public Works h Submit a letter of map re-,ision from FEi�lA declaring the lot(s) exempt from floodplam requirements or submit a copy of completed FENLk Elevation Certificates)for each unit to the Planning Department i Public park impro%ement plans for the 3 2 acres must be re-,iewed and approved by Public Works and Community Services Staff, and Commuruty Services Commission_ j Affordable Housing Plan shall be approved 5_ During construction,the applicant shall a Use water trucks or sprui!der systems in all areas where-%ehicles travel to keep damp enough to prevent dust raised%Nhen leaving the site b Wet docvn areas in the late morrung and after w ork is completed for the day, c Use low sulfur fuel( 05%) by weight for construction equipment, d Attempt to phase and schedule construction activities to a,%oid high ozone days (first stage smog alerts), c«otfev San) 17 e Discontinuon= -action dunng second stage smo erL� 6 Prior to final building permit inspection and approN at of the first residential unit the folloNving shall be completed a The applicant shall obtain the necessar) permits from the South Coast Air Quality Management Distnct and submit a cop) to the Planning Department b All improvements to the proper, shall be completed in accordance with the approved plans and conditions of appro%al specified herein including 1) Fire lanes will be designated and posted to comply with City Specification No 415 (FD) 2) Address numbers ,Nall be installed to comply 'with City Specification No 428 (FD) 3) On-site fire hydrants shall be provided in number and at locations specified by the Fire Department (FD) 4) Automatic spnnkler s)stems shall be installed in all units throughout Planning Area 3 and P1a.nruna Area 4 to comply with Huntington Beach Fire Department and Uniform Building Code Standards (FD) c Compliance with all conditions of approval specified herein shall be accomplished and venfied by the Planning Department d All building spoils,such as unusable lumber, wire,pipe, and other surplus or unusable matenal, shall be disposed of at an off-site facility equipped to handle them e The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration (FD) f The project will comply will all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for nev, construction within the methane gas overlay distncts (FD) g If the lots are not considered exempt by FEMA, a second elevation certificate shall be submitted to the Planning Division for each unit"as built_" h All public infrastructure impro%ements,perimeter, streetscape, community open space and greenbelt areas,public park and Norma Gibbs park extension and other required landscaping improvements shall be completed prior to the first move in Private infrastructure shall be constructed per the approved phasmg plan. 7 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restncti%a conditions of approval (; NoIfeki-ban) I8 8 The P anninc ctor enzure� that all conditions of ap .at herein are complied «ith The Plana ng Dtrec s be notified in«Tit�n� if any cha Qes(— the site plan elevations and floor olans are propoz,:d as a result of the plan check process Building permits shall not be issuee until vie Planning Director has re`,ie«ed and appro,.ed the proposed changes for confo-mance vatn the intent of the Planning Commission s action and the conditions herein _ If the propoz-;d chaneez, are of a subz)tantial nature, an amendment to the onginal entitlement re%ie«ed. by the Planning Commission may be required pursuant to the HBZSO 9 Appro%at of Conditional Use Permit No 97-80 is contingent upon approval of Zorung Text Arne-dment No 97-- and Zoning Map Amendment No 97-1 bs the City Council, and shall become effean e 30 day s after the adoption of the Ordinance adopting the Meado«lark Spect.is Plan amendments and following the ten day project appeal period It1-F'ORNJ kTIO\ ON SPECIFIC CODE REOUIREVIENTS 1 Conditional Use Permit No 97-80 shall become null and void unless exercised within one )ear of the date of final approti at or such extension of time as may be granted by the Director pursuant to a%vntten request submutted to the Planning Department a rnu3imum 30 da,,s pnor to the expiration date 2 The Planning Commission reserves the right to revoke Conditional Use Permit No 97-80, pursuant to a public hearing for re,,ocation, if any violation of these conditions, Meadowlark Specific Plan,or applicable sections of the Huntington Beach Ordinance Code,Zoning and Subdivision Ordinance, or Municipal Code occurs 3 All applicable Public Works fees shall be paid (PZV) 4 Traffic Impact Fees shall be paid pnor to issuance of a Certificate of Occupancy (PNV) 5 An encroachm,ent permit shall be required for all work within the nght-of-way (PSV) 6 A Cerzif cate of Occupancy must be issued by the Building Department prior to occupy of building on the project site 7 Park and Recreation fees shall be paid prior to approval of the Final Map by the City 8 State-miandaLed school impact fees shall be paid prior to issuance of building permits 9 The development shall comply with all applicable provisions of the Municipal Code, Building Division,and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances,and standards, except as noted herein 10 Development shall meet all Iocal and State regulations regarding installation and operation of all underground storage tanks (FD) 11 Cons7uction shall be Iunited to Monday- Saturday 7 00 AML to 8 00 PM Construction shall oe prohibited Sundays and Federal holidays 0;Wolfe3 SEM) 19 < < r t� r r a� #r i h I � i 1 u�1 Subdivision Agreement Final Map No 15471 1 I` y � • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15471 TABLE OF CONTENTS Section Page 1 General Improvements 2 2 Arterial Highway Improvement 2 3 Guarantee 2 4 Plant Establishment Work 3 5 Improvement Plan Warranty 3 6 No Waiver by City 3 7 Costs 3 8 Surveys 4 9 Improvement Security 4 10 Indemnification Defense Hold Harmless 5 11 Insurance 6 12 Nonperformance and Costs 7 13 Record Map 8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CATELLUS RESIDENTIAL MEADOWLARK LLC FOR TRACT NO 15471 This Agreement ( Agreement ) is entered into this K day of J OOa by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Delaware hereinafter referred to as 'CITY " and CATELLUS RESIDENTIAL MEADOWLARK LLC a Delaware limited liability company, owner, by CATELLUS RESIDENTIAL GROUP, INC a California corporation its member 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 tracts of land known as Tract No 15471 and As a condition of the approval of and pnor 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 CI TY bonds for the faithful performance of said agreement for the payment of all labor and material in connection therewith and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished as required by Sections 66499 and 66499 3 of the California Government Code of the State of California and Chapter 225 of CITY s Zoning and Subdivision Ordinance NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 1 g/agree/subdv Catellus15471 12/06/99 t � r • • I GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do perform and pay for the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to the construction of streets including excavation paving curbs, gutters sidewalks, trees and landscaping, sewers including construction of main lines and lot laterals and structures street lights, street signs construction of domestic water systems including the construction of water mains services and installation of meters, engineering costs, and any other deposits fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof unless the tract map conditions require an earlier completion date and all labor and material bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy permits until completion of improvements 2 ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements including perimeter walls and landscaping required by conditions of the tract map, or provide bonding of 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 obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same 2 g/agree/subdv Catellus15471 12/06/99 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watenng plants replacing unsuitable plants perfonning weed rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a period of one (1) year from and after the date of City Council acceptance of the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period said improvement plans prove to be inadequate in any respect SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 6 NO WAIVER BY CITY Inspection of the work and/or matenals, or approval of work and/or matenals or statement(s) by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed, nor shall CITY thereby be stopped from bringing any action for damages ansing from the failure to comply with any of the teens and conditions hereof 7 COSTS SUBDIVIDER shall pay when due all the costs of the work including inspections thereof and relocating existing utilities required thereby 3 g/agiee/subdv Catellus15471 12/06/99 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement SUBDIVIDER shall pursuant to Califoi nia Gover nment Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City A Faithful Performance For performance security, in the amount of Six Hundred Forty Five Thousand Six Hundred Dollars ($645 600 00) which is one hundred percent (100%) of the estimated cost of the work Such additional security is presented in the form of z h, certified check or cashier s check, c eptable corporate surety bond or Acceptable irrevocable letter of credit With this security SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance B For Labor and Material Security in the amount of Three Hundred Twenty- Two Thousand Eight Hundred Dollars ($322 800 00) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of 4 g/agree/hubdv Catel1us15471 12/06/99 J � • ash certified check or cashier s check, Acceptable corporate surety bond or Acceptable irrevocable letter of credit With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER SUBDIVIDER may, during the term of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney however any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time 10 INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend hold harmless and indemnify CITY and its elective and appointive boards commissions officials officers agents and employees against any liability or claim for damage of any kind allegedly suffered incurred or threatened including personal injury death property damage inverse condemnation or any combination of these and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement but save and except those that anse from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared supplied or reviewed any plan(s) or specifications(s) in connection with this work or subdivision or has insurance or other indemnification covering any of these matters 5 g/agree/subdv Cate11U51 J471 12 06/99 r t � • 11 INSURANCE In addition to SUBDIVIDER s covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify CITY its officers, agents and employees, while acting within the scope of their duties against any and all claims ansing out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 for this project Said policy shall name City of Huntington Beach its agents officers employees and volunteers as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER s insurance shall be pnmary 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 Pnor to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall 1 provide the name and policy number of each 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, 6 g/agree/subd). Ca1e11U51*)471 12/06/99 4 and shall state as follows The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement CITY shall at all times have the right to demand the original or a copy of all said policies of insurance SUBDIVIDER shall pay, in a prompt and timely manner the premiums on all insurance hereinabove required 12 NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement and subsequent extensions or fails to maintain the work CITY may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including but not lunited to engineering inspection surveys contract overhead etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors in the event CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work SUBDIVIDER agrees to pay all costs incurred by CITY even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney s fees and all other expenses of litigation incurred by CITY in connection therewith even if SUBDIVIDER subsequently proceeds to complete the work 7 g/agree/subdv Catellus15471 12/06/99 • • 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written CATELLUS RESIDENTIAL MEADOWLARK CITY OF HUNTINGTON BEACH a LLC, a Delaware limited liability company, Owner municipal corporation of the State of BY CATELLUS RESIDENTIAL GROUP, California INC a California Corporation Its Member 4By Mayor Bruce T Lehman xecutive Vice President AND ATTEST , � �i ►u>✓ r By ` 14ennethk B nson Assistant Secretary City Clerk 'z 1V ' REVIEWED AND APPROVED APPROVED AS TO FORM City Administrator City Attorney /L (,--i y ,v /� , INITIATED AND APPROVED City Engineer g g/agree/subdv Ca[cI1U515471 12/06/99 ACQ, DM CERTIFICAR OF LIABILITY INSUR CFI DATE(MM/DD/YY) 9/14/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION cL�hIL'� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services Inc of �yti,� HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR Southern California ((,, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 95 Town Center Drive Ste 500 COMPANIES AFFORDING COVERAGE Costa Mesa CA 92626 COMPANY 714-641-8355 �L�� ,^�_ TT�+ !+ D_— ] A Evanston Insurance Co INS).{ Q .,�� p_�dPrtT'�R� 1"L'L711CIW.iriLK, +■., I,C�US ReSI en COMPANY Gro I ate-U_ B Insurance Co of State of PA Gro7u�p,, Catellus Res>_dential C�sei�ctzon, Inc Jamboree Center COMPANY 5 Park Plaza, &nte 400 C TTv-Ire, A 92614 IS-W 71 FCOMDPANY I `� COVERAGE$ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMMIDDIYY) DATE(MM/DDNY) GENERAL LIABIUTY GENERAL AGGREGATE $ 2000000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003258 3/01/99 3/01/00 PRODUCTS COMP/OPAGG $ 1000000 CLAIMS MADE HI OCCUR PERSONAL&ADV INJURY $ 1000000 OWNER S&CONTRACTOR S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one f re) $ 50000 MED EXP(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TO FO 1t (Per person) 9 HIRED AUTOS GAIL HUTTON, City Attorney NON OWNED AUTOS Deputy City A"torney POO BODILY c INJURY s PROPERTY DAMAGE $ GARAGE LIABILITY r AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE 5 30000000 B X UMBRELLA FORM 42996083 3/01/99 3/01/00 AGGREGATE S 30000000 OTHER THAN UMBRELLA FORM etention S 25000 WORKERS COMPENSATION AND WC STATU 05 T CRY LIMI TS R EMPLOYERS LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE REXCL EL DISEASE EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ajW.MkjgjMjp MAIL P O BOX 190 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach CA 92648 •AUTHORIZED R S @V/0Z7000027000 I ORATION ACOR€?25 S 0198I ©ACORD CORP 11988 r r POLICY NUMBER 99GLP1003258 CONEVIERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) _w (Including"Primary"Wording) Tlus endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Huntington Beach and its elective and appointive boards, commissions, officers, agents and employees P O Bog 190 Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as apphcable to tlus endorsement) WHO IS AN INSURED (Section Il)is amended to include as an insured the person or organisation shown in the Schedule but only with respect to liability ansung out of or related to your work or its supervision for that insured by or for you PRIMARY INSURANCE It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss or Lability ansing directly or indirectly from the insured's operations and any other insurance maintained by the additional insured shall be non-contributory with the insurance provided hereunder APPROVED AS TO FORd CTUL hUl TOTT, City Attornaj Bj Depu uy City l ttorne r f ' f12-0 9 AI-pnrnary CG2010p(11-8:,) Bonds Final Map No 15471 BOND NO 929120Z 20 PREMIUM L 551 0u FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Catellus Residential Group, Inc. , (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated , 19 , and identified as project Tract 15471 ,is hereby referred to and made a part hereof, and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of Said agreement Now,therefor,we,the principal and National Fire Insurance Company of Hartford as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal SUM of Six Hundred Forty-Five Thousand Six Hundred---- dollars ($645,600 00-------� lawful money of the United States for the payment of which sum well and truly to be made,we bind ourselves,our heirs successors,executors and administrators,jointly and severally,firmly by these presents The condition of this obligation Is such that if the above bounded principal, his or its heirs executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless`City", its officers agents and employees, as therein stipulated then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. As a pant 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 f z Z2 -t 1 • • 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 specificatlohs In witness whereof,this instrument has been duly executed by the principal and surety above named on Decenber 2 1999 Catellus Residential Group, Inc as Principal National Fire Insurance Company of H tford as Surety gy li Nancy L Ham lton, Attorney-in-Fact BY - — Three Lmbarcadero Center, Suite 450 San Francisco, CA 94111 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON!I C r J q q . BEFORE ME, U e (da r7o (/ A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND 1 cu cc ►--Y�Gi —, PERSONALLY KNOWN TO ME( N-T-ME-BASIS-OF SATISEACTOR-1FEVIDENCE) 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 SIGNATU `�"�� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY BLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRESId LINDA LANAh.NELLY Co �r- 1164891 Z z` -v No miry r , Cavornia C.)rarc,-County My Comm =xares Dec M01 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 807501 3 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On December 2, 1999 before me, Ann Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument ANN ANTHONY WITNESS my ha and official seal -" COMM #1179094 z T NOTARY PUBLIC CALIFORNIA SAN FRANCISCO COUNTY a My Comm Expires Apr 10 2002 SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No. 929128420 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 0 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Gioup Vice President and their corporate seals to be hereto affixed on this 24th day of September 1999 CONTINENTAL CASUALTY COMPANY GASl�1�rY �MSURggc� a` ,vaM ae� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD �Ot� AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA g cpaoaurE � o .t,�osnoltgr4e Z D s u IUIl 31 JJ SEAL '_ � � � 1902 1897 kAR1F y • a Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations 'OFFICIAL SEAL' • . DIANE FAULKNER ka"ry Pusiie, &&to of minas '00 • My Co nmfsaion Expires 9/17101 My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSUPANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of Decemoer 1 QQQ G �1 tMSUR M a� CONTINENTAL CASUALTY COMPANY CT 4� gtiF by oE°" NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA GOitVORAip a O ` Qfn CRgTfO u O 2 rd JULY i J SEAL < f < 1--11h 0— caj"C_�_ a 1897 HAR1F b • 6� Mary A Ribikawskis Assistant Secretary (Rev 10/1/97) BOND NO 929128420 PREMIUM Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Catellus Residential Group, Inc (hereinafter designated as 'Principal') have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and identified as project Tract 154 71 ,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,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 Three Hundred Twenty-Two Thousand Hight Hundred dollars ($ 322,800 00----------------------),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,In addition to the face amount thereof costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by"City'in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed,then this obligation shall become null and void otherwise It shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner L 1 ,i 1 I-V 8090 i r f o-n(.r i affect its obligation on this bond,and it does'hereby waive notice of any such change,extension,alteration or addibon In witness whereof,this instrument has been fully executed by the principal and surety above named,on December 2 . 1999 Catellus Residential/ Group, Inc . as Principal By �� jiGy+N t f►� e�r�,�5 � r� By Nat oval fire Insurance Company of liartford as Surety By li Nancy L Ham ton, Attorney-in-fact By Three Embarcadero Center, Suite 450 STATE OF CALIFORNIA San Francisco, CA 94111 ) } SS COUNTY OF ORANGE ) ON DVIG 0, l qa . BEFORE ME,„Ird0 02 C(GL'"►'►eJL�j A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED ) /0 t YM AND U O e- PCRSONALLY KNOWN TO ME( BEAQ— 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 Y HAND SIGNATU �✓ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY BLIC IN AND FOR SAID STATE IN 0 l'C—J1Q -,P-- COUNTY LA Lid (NAME PRINTED) MY COMMISSION EXPIRES 7rL, INDA M FLANNELLY STATE OF CALIFORNIA ) mm ion# 1164891 SS z ra �� Nofory Public California COUNTY OF ORANGE ) , R � Orange County j My Comm Expires Dec 8 2001 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 WK1 of 2 3090 • • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On December 2, 1999 before me Ann Anthony, Notary Piiblic DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument ANN ANTHONY WITNESS my han and official seal ~ COMM #1179094 c F NOTARY PUBLIC CALIFORNIA `. • SAN FRANCISCO COUNTY My Comm Expires Apr 10 2002 SIGN.,TURE OF NOTARY OPTIONAL Though the data below Is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No 929128420 TITLE OR TYPE OF DOCUMENT TM—(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 • • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE CODIPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Gioup Vice President and their corporate seals to be hereto affixed on this 24th day of September 1999 GAS CONTINENTAL CASUALTY COMPANY ITT` tMSURgyc ` vpM oaf NATIONAL FIRE INSURANCE COMPANY OF HARTFORD oaaoa�r �� � AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Z D a IDLY 71 # Apm 0 SEAL t/40tz � i � = i9G2 7897 kAR�F 6 Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations "OFFICIAL SEAL' / DIANE FAULKNER Notary Pub9c. &at*of Illinois 0 • My Comm"On 6q)im 9117/01 , My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSUPANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 2nd day of De ems r 11 q9q CONTINENTAL CASUALTY COMPANY GASW�ry E U1SUR,,�,c �o W at NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Ay AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA GppPORArf O CRrOpgTfO O 2 A JULY 71 U SEAL `r f '=� < 1902 a 1897 lfAR1F 6 6� Mary A Ribikawskis Assistant Secretary (Rev 10/1/97) BOND NO 929128421 PREMIUM $72 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Catellus Residential Group, Inc as Subdivider of Tract No 154 71 in the City of Huntington Beach,County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineers or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate That said Catellus Residential Group, Inc , (Subdivider) aspnncipal and National Fire Insurance Company of Hartford as surety hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map in accordance with said map and said certificate up to but not in excess of the sum of Thirteen Thousand $ 13,000 00------ in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9 Chapter 4 of the Government Code of the State of California 1N WITNESS WHEREOF, we have executed this instrument this 2nd day of December , 19 99 Catellus Residential Group, Inc , asPnncipal By hig- By Nati al Fire Insurance Company of Hartford , as Surety By Nancy L Ham lton, Attorney-in-Fact BY- — - — Three Embarcadero Center, Suite 450 San Francisco, CA 94111 � ) 1AOi1k� l ;l 1 +07 r-f;� 110920f Ly L cy Gwynor STATE OF CALIFORNIA ) SS COUNTY OF ORANGE j ON O.P-C I QP , BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND T�-Lt Q l L hv_xlCAI PERSONALLY KNOWN TO ME ( NIGE) 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 PU IC IN AND FOR SAID STATE IN C COUNTY (NAME PRINTED) / MY COMMISSION EXPIRES (D-8-01 UNDA M.F1.IWt&jLLY Commission# 116wi Notary PubpC CWkpft Oronae County STATE OF CALIFORNIA myComm EKO&aDeC9200 j SS COUNTY OF ORANGE j 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 909201 i CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT No 5907 State of California County of San Francisco On December 2, 1999 before me Ann Anthony, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared Nancy L Hamilton NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ANN ANTHONY WITNESS my hand and official seal a COMM #1179094 c F m NOTARY PUBLIC CALIFORNIA x SAN FRANCISCO COUNTY FOPN My Comm Expires Apr 10 2002 SIGNATURE OF NOTARY OPTIONAL Though the data below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond No 929128421 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER December 2, 1999 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents That CONTINENTAL CASUALTY COMPANY an Illinois corporation NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a Connecticut corporation AMERICAN CASUALTY ('OMPANY OF READING PENNSYLVANIA a Pennsylvania corporation (herein collectively called the CCC Surety Companies ) are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signature and seals herein affixed hereby make constitute and appoint Stanley D Loar Charles R Shoemaker Nancy L Hamilton Roger C Dickinson Rosemarie Guanill Individually of San Francisco California their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign seal and execute for and on their behalf bonds undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By Laws and Resolutions printed on the reverse hereof duly adopted as indicated by the Boards of Directors of the corporations In Witness Whereof the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 24th day o` September 1999 GASU CONTINENTAL CASUALTY COMPANY , Ty IMSUR4 �o�`°A�"0`y' NATIONAL FIRE INSURANCE COMPANY OF HARTFORD COAooRArt O ORrartgT AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA T Q a to at Z D � � n JUIY 11 OU SEAL e2- ~ < 1902 •7 /}/ 1897 NAR�F s • Marvin J Cashion Group Vice President State of Illinois County of Cook ss On this 24th day of September 1999 before me personally came Marvin J Cashion to me known who being by me duly sworn did depose and say that he resides in the City of Chicago State of Illinois that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations ♦ "OFFICIAL SEAL DIANE F/UJLKNER No"Pubk Mats of Illinois • '�' + My Commission Expires 9/17/01 My Commission Expires September 17 2001 Diane Faulkner Notary Public CERTIFICATE I Mary A Ribikawskis Assistant Secretary of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD and AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 29d day of December 1999 CONTINENTAL CASUALTY COMPANY �P�GASUq�I` *SUR4yc �o ►^aft NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 0 `� `� �a AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA Cpp�OA.lrp Q O F~ � �4r(o o O > r ? JULY 11 v SEAL c 6j � e 1902 ,y` a 1897 MARli b • Mary A Ribikawskis Assistant Secretary (Rev 10/1/97)