Loading...
HomeMy WebLinkAboutFinal Tract Map No 15472 - Portion of Tentative Tract Map No I� Recording requested by Recorded in Official Records Orange County and xhen iecotded ietuin to Tom Daly Clerk Recorder IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIINO Connie Brockway City Clerk FEE Office of the City Clerk 200400049010510 21am 06/01104 CITY OF HUNTINGTON BEACH 215 96 A04 1 P O Box 190—2000 Main Street 0 00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 Huntington Beach Ca 92648 � J (Space above this line for Recorder s use only) 6G ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on April 12 2004 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s) have been dedicated to the City — — -ofHantington Beach-as describcd on-Final Map No -15472 - --- - - - Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Original Document Reflecting City Council Action Taken at May 3 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest / ' A V `'� 20� WNWE WWKWAY City Clerk and Ex officio Cle k of e City ouncil Of the City of Huntington Beach California By Deputy CITY OF UNTING BEACH by City Engineer This doaxnent is solely for fhe official N akiees of the City of Hun*vlon Beeck as oorAwriplaled under Gwarnrrient Code Sec.6103 and should b s recorded tree of charge ,1�,V t� , Office of the City Clerk f h CITY of HUNTINGTON BEACH HPO Box 190 California 92648 1,di ,pA 00 k`T �� - �D � / \0 �1 1 Jo�/Laing Homes 6') i p 1 i /19600 Fairchild, Suite 150 qS �nr � C Irvine, CA 92612 q�l rTOFY, TPRN RETURr �`Y_- r • �� \ ITO k PjnFp,- END�� - _ 0 R P i, �0 S Council/Agency Meeting Held Deferred/Continued to XApproved ❑ Conditionally Approved ❑ Denied iA-T�City rk ignure Council Meeting Date May 3 2004 Department I umber PW 04 037 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION _T C= SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS -D G SUBMITTED BY WILLIAM P WORKMAN Acting City Administrator riG—.T PREPARED BY ROBERT F BEARDSLEY Director of Public Work -� 1, -, c rl SUBJECT Approve The Release Of Securities For Tract No 15472 And Accept11 The Public Improvements z' Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue W L Homes LLC a Delaware limited liability company (dba John Laing Homes) the developer of Tract No 15472 (located north and east of the intersection of Bolsa Chica Street and Warner Avenue south of Heil Avenue) has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15472 and 2 Accept Guarantee and Warranty Bond No 392484 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 the Faithful Performance/Labor and Material Bond No 392484 and Monument Bond No 392485 pursuant to California Government Code Section No 66499 7(b) and 4 Instruct the City Clerk to notify the developer W L Homes LLC a Delaware limited liability company (dba John Laing Homes) of this action and the City Treasurer to notify the Surety Seaboard Surety Company America of this action and 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder 1 • REQUEST FOR ACTION is MEETING DATE May 3, 2004 DEPARTMENT ID NUMBER PW 04-037 Alternative Action(s) Deny the recommended action This action may violate the Subdivision Map Act Analysis On January 3 2000 the City Council approved Final Map No 15472 and accepted bonds from W L Homes LLC a Delaware limited liability company (dba John Laing Homes) the securities furnished for faithful performance labor and material and monuments The developer W L Homes LLC a Delaware limited liability company (dba John Laing Homes) has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the private street The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements Following is a list of project data Developer W L Homes LLC a Delaware limited liability company (dba John Laing Homes) 19600 Fairchild Suite 150 Irvine CA 92612 Engineer MDS Consulting 17320 Von Karman Ave Newport Beach CA 92660 Location North and east of the intersection of Bo►sa Chica Street and Warner Avenue south of Heil Avenue Zone SP-8 (Meadowlark Specific Plan) No of Acres 62 No of Lots 62 numbered and 5 lettered Public Works Commission Action Not required Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines California Administrative Code, Title 14, Chapter 3, Section 15268(b) G\R C A\2004\04 037 May 3 Bogart (Tr 15472 Bond Release)doc 2 4/13/2004 9 53 AM • REQUEST FOR ACTION MEETING DATE May 3, 2004 DEPARTMENT ID NUMBER PW 04-037 Attachment(s) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 392484 3 Acceptance of Public Improvement Form RCA Author Bogart jg G\R C A\2004\04 037 May 3 Bogart(Tr 15472 Bond Release)doc 3 4/13/2004 9 53 AM ATTACHMENT # 1 BOLSA CHICA ST ROOSEVELT LANE PEARCE PLAZA LANE DRIVE Zr rnm: o • 0 0) GRAHAM ST �; rn O {� Z mD N rn D SPRINGDALE ST rn m_ r m C rm EDWARDS ST ATTACHMENT #2 RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) CITY OF HUNTING TON BEACH INTERDEPARTMENTAL COMMUNICATION 10ki TO Zrlldenrich City Treasurer FROM / C,7it� �7y DATE SUBJECT Bond Acceptance I have received the bonds for Es L L L, _ (Comps Name) Faithful Performance Bond No �i <'i Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No CC No MSC No Approved Agenda Item No (Coup il Appr val D e) �- City Clerk Vault No �� � — ���, l00) #27 gJfollowup/bondietter doc BOND NO 392484 PREMIUM INCLUDED IN THE COST OF THE PERFORMANCE BOND GUARANTEE AND WARRANTY BOND WHEREAS WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANk a Pnncipal and SEABOARD SURETY COMPANY _ a corporabon organized under the laws of the State of NEW YORK and duly authorized to do business in the State of California as Surety are held and firmly bound unto die City of Huntington Beach Calrfomra as Obligee in the penal sum of TWENTY-E I CHT THOUSAND SEVENTY DOLLARS--------($28,070 00)--.representing 10 percent of the contract pnce entered into between the Pnnapal and Obligee to which payment well and truly to be made we do bind ourselves and each of our heirs executors administrators successors and assigns jointly and severally WHEREAS the said principal entered into a contract with said Obligee dated January 39 2000 for worts descn bed as follows IMPROVEMENTS TRACT 15472 WHEREAS said contract provides that the Principal will tumrsh a bond condltroned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee against an defects in workmanship and materials during said one year period WHEREAS said work has been completed and accepted by Obligee ou NOW THEREFORE,the Principal and Surety Jointly and severally shall indemnrfy the Obligee for an loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee In vntness whereof this instrument has been duly executed by the principal and surety above named on MARCH 16 AIR 2004 WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY as Principal By By APPROVED AS TO FORM JENNIFER M.ORMIL CkAtbor—y 1 By Rnl D AWeand.o y Ametant City Attor*q SEABOARD SURETY COMPA '� as Surety B Y D J PICARD, ATTO NEY-IN-FACT By STATE OF CALIFORNIA ) _ conwAaft 9 •14-2-4m COUNTY OF ORANGE ) Orange CoCunty ft My Comm Expires Jun 16 2007 ON ltlA Ae /if ICU�/ BEFORE ME P e ri o4 d ll'e-i ` /-1rr�N A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED Kt'iJ Ali sh Kr}czl kq AND _j e_ " Ple r-M 14gel PERSONALLY KNOWN TO ME(GR PROVED TO Mr-Gu Tt c RACK/lC QATICFA!Tr1RV F1Ar^I^� TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE /l Ll��ll4 � MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EJ(PIRES J�n,i vo 7 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 16U7 2 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 3/16/04 before me, SEJAL P LANGE, NOTARY PUBLIC , DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUSUC' personally appeared D J PICA" NAME(S)OF SIGNER(S) 0 personally known to me - OR - ❑ to be the personal whose name) is/am subscribed to the within Instrument and ac- knowledged to me that he/sUeAtW executed the same In hlstftaxkbuff authorized SEJAL P 11►NGE capacity( s), and that by hlslhawA cx Comm M12s51i3 m slgnatureW on the Instrument the person , 4,tarypubfic-C31"OM" or the entity upon behalf of which the in p ORANGE COUNTY u, MY COMM Exp No.423 2004 person(g) acted, executed the Instrument WITNESS my hand and official seal SIGNA NOTARY OPTIONAL Though the data below is not required by law n 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 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 El ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER 3/16/04 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSONS)OR ENTITYQES) N/A SEABOARD SURETY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE The.%Pdue POWER OF ATTORNEY Seaboard Surety Compam United States Fidelih and Guaranh Compam St Paul Fire and Marine Insurance Company Fidelity and Guaranh Insurance Company St Paul Guardian insurance Compam Fidelity and Guaranh insurance Undemiriters Inc St Paul Mercury Insurance Compam Poiier of Attorney No 23292 Certificate No 1268577 6NON1 ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly or_anized under the laws of the St-ne of New York and that St Paul Fire and Marine insurance Company St Paul Guardian Insurance Company and St P ul Mercury Insurance Compam are corporations duly or lnized and r th latts of the State of Minnesota and that United Stites Fidelity and Gu iranty Company is a corporation dulv or anized under the lads of the State of Maryland -ind that Fid hty and Guaranty Insurance Companv is a corporation duly or anized under the laws of the State of lot+a and that Fidelih and Guaranty Insurince Lnderiirit rs inc is-1 corporation duly or.anized under the lads of the Stue of Wisconsin(herein co(/ectne1i ealkd the Companies ) and that the Companies do hereb make constitute ind appoint Todd M Rohm D J Picard Beata A Sensi Cathy S Kennedy Sejal P Lange and Cynthia S Wozney of the City of Orange State California their true and lawful Attorney(-)in F to each in their separate cipacity it more than one is named-ibo%e to si n its name as surety to and to execute seal and acknotiled e am and all bonds undertakin contracts ind other written instruments in the nature thereof on behalf of the Companies in their business of uaranteem the fidelity of persons uaranteem� the performance of contracts and executma or guarantecin bonds and undertaken s required or permitted in any actions or proceedin s allooed by law y IN WITNESS WHEREOF the Companies ha%e caused this instrument to be si_ned and sealed this 23rd dax of April 2002 Seaboard Suretv Compam United States Fidelih and Guaranh Company St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Compam Fidehtv and Guaranh insurance Underwriters Inc St Paul Mercury insurance Company s�9n _ NCdiPOR4TFD ��1927 srui fSEAL ' SSRL NJ to 1977 g ig51 i JOHV F PHf\VEY Vice Pre [dent o bF State of Marvland Ca% of Baltimore THOMAS E HUIBREGTSE A si tant Se retar% On flit 23rd day of April 2002 before me the tinders[ tied officer personally appeared John F Phmney and Thomas E Hutbrevtse who acknowled t d themseh es to be the Vice President ind Assistint Secretary respecti%ely of Seaboard Suretx Company St P-iul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Companv Fidelit) and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that the seals affixed to the fore oin instrument are the corpor tie seal it said Comp mies and that they as such bun authorized so to do execut d the fore om,, instrument for the purposes therein contained by si�nui_the names of th corporations by themselves as duly authorized officers a Ens�r /tPAJJjU��0 ray in NN itness Whereof l hereunto set my hind ind oftece it seal e pOrgRY m U@UC S \1s Commission expires the 13th day of July 2002 yip �o REBECCA EASLEY ONOI\ALA Notary Publi 9E C y`i 86203 Rev 7 2000 Printed in U S A ATTACHMENT #3 Recording requested by and when recorded return to Conine 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 April 12, 2004 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255 22(A) the improvements for public use Further the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No 15472 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Ongtnal Document Reflecting City Council Action Taken at May 3 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest A T `1 20� wwr &=tWXWAY City Clerk and Ex officto Clerk of e City ouncil Of the City of Huntington Beach California By Deputy CITY OF UNTIN BEACH by City Engineer This doaxrwA is Wisly for ft official businm of ins City of Hun*vw dssdi,as owftr abd under Gayomrtmnt Cods Sec.6103 and aW b o raoorded k"of charge CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK May 5 2004 Tom Daly County Clerk-Recorder P 0 Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15472 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach CA 92648 Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope C�x� ow_04"V_Connie Brockway MM City Clerk CM pe Enclosures Tract No 15472—W L Homes LLC—N/E of Bolsa Chlca St and Warner Ave S/Hell—SP 8 Meadowlark Specific g/followup/tract/acceptpublicimp recorder doc procedure#23 (Telephone 714536 5227) a • RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 15472 and Accept the Public Improvements COUNCIL MEETING DATE May 3, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by Clty Attorney) Not Applicable Certificates of Insurance (Approved by the Clty Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO ED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author Bogart 1692 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 4 2004 W L Homes LLC 19600 Fairchild Suite 150 Irvine CA 92612 Re Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No 15472---[Acceptance of Public Improvements] Please be advised that on Monday May 3 2004 the City Council of the City of Huntington Beach took the following action E 8 (City Council) Approved the Release of Securities for Tract No 15472 Located North and East of the Intersection of Bolsa Chica Street and Warner Avenue (s/o Heil Avenue) - Accepted the Public Improvements (W L Homes, LLC, a Delaware Limited Liability Company - dba John Laing Homes— Meadowlark Specific Plan) - 1 Accepted the improvements constructed and dedicated for public use with Tract No 15472 and 2 Accepted the Guarantee and Warranty Bond No 392484 the security furnished for guarantee and warranty of improvements and instructed the City Clerk to file the bond with the City Treasurer, and 3 Release Faithful Performance/Labor and Material Bond No 392484 and Monument Bond No 392485 pursuant to California Government Code Section No 66499 7(b) and 4 Instructed the City Clerk to notify the developer W L Homes LLC a Delaware limited liability company (dba John Laing Homes) of this action and the City Treasurer to notify the Surety Seaboard Surety Company America of this action and 5 Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Sincerely Connie Brockway MMC City Clerk cc City Treasurer CB pe Attachment g/followup/tract/acceptpublicimp-notice doc procedure#22 (Telephone 714 536 5227) — eto0, la0 City of Huntington Beach *��• � P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER May 17 2004 CERTIFIED MAIL Seaboard Surety Company of America 385 Washington Street 102F St Paul MN 55102-1396 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on May 3 2004 approved the release of the following bonds Tract# 15472 Faithful Performance and Labor &Material Bond No 392484 Monument Bond No 392485 We are releasing the bonds and have enclosed them for your file Also enclosed is a copy of the City Council Action approving the release of the above referenced bonds If you have any questions regarding this matter please contact me at (714) 536-5200 Sincerely Shan L Freidenrich CPA CCMT CMFA City Treasurer Enclosures cc W L Homes LLC dba John Laing Homes 16373 Bolsa Chica St Huntington Beach CA 92649 Tern Elliott Principal Civil Engineer(no attachments) Liz Ehnng Assistant City Clerk (no attachments) RECEIVED BY CITY CLERK RECEIPT COPY J Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO �e� Fnrich City Treasurer FROM DATE � SUBJECT Bond Acceptance I have received the bonds for & L (Compan�Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No Re Tract No CC No MSC No Approved Agenda Item No (Council Approval Date) / City Clerk Vault No #27 g/followup/bondletter.doc • City Clerk Receipt Copy Return to Jeffrey Hughes (ext 5260)after signing I have received Faithful Performance Bond No 392484—Seaboard Surety Company Labor and Material Bond No 392484—Seaboard Surety Company Monument Bond No 392485—Seaboard Surety Company Re Tract 15472 —W L Homes LLC Approved by Council on 01-03-00 Dated U By v L z_ s r i' RECEIVED MAR 0 3 2000 g/followup/bondletter doc Treasurer's Dept 0 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 d*" ow,0d J Connie Brockway CIVIC City Clerk CB jh Enclosure Received by Date g fjah/escrow pick up doc (Telephone 714-536 5227) 0 • I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TR4NSNUTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE 03-03-00 TO W L Homes , LLC ATTENTION dba as John Laing Homes Name 19600 Fairchild, Suite 150 DEPARTMENT Street Irvine , CA 92612 REGARDING Tract 15472 City State Zip See Attached Action Agenda Item E.-I Date of Approval 1-3-0 0 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item 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 kusurance Other Freidenrich Treasurer _ bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C Mendoza X Risk Management Dept histrance G Followup/Letters/coverltr 1 (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 f 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 15L4 Loel / 15WI l l 151A 7-L r PARCEL MAP NO1 �� ��� No I-9440) PARK AND RECREATION FEES PAID MYES S I t ���000 ❑ NO OTHER �P4 �,M� for Hov.ard Zelefsky Planning Director CITY OF HUNTINGTO• BEACH INTERDEPARTMENTAL COMMUNICATION TO Janelle Case Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15472 (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-9738167 LOCATION N/O Warner E/O Bolsa Chica PHONE NO (714) 558-3211 truce P Crosby 37039 TR 15469 auth to record ri rruv%jr a J ("recrw . lea 2nos .3 • Council/Agency Meeting Held / smote ao /5 le's ;Approyed, ff rred/Continued to kTCo itionally roved ❑ Denied It lerk s Signature Vd Council Meeting Date January 3 2000 Department ID Number PL 00-02 CITY OF HUNTINGTON BEACH s s - REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY RAY SILVER City Administrator , PREPARED BY HOWARD ZELEFSKY Planning Director/A-1-4z--01 � 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 " t� • REQUEST FOR COUNCIL ACTIA 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 �,Ia eo 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 0 REQUEST FOR COUNCIL ACTIA 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 12/27/99 9 33 AM • 0 REQUEST FOR COUNCIL ACTION MEETING DATE January 3, 2000 DEPARTMENT ID NUMBER PL. 00-02 Attachment(s) 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 lam!"!�^�N/•y'tI t '� � � ry M 1 �� 1 �y�y�q� '7MM t r • A� _" i �,� � Lf r t � I 11 � f 0 • 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 9 2 The City Clerk is hereby instructed to file bonds with the City Treasurer(Attachment No 6) Final Map No 15469 Faithful Performance Bond No 929128422 Labor and Material Bond No 929128422 Monument Bond No 929128423 Final Map No 15471 Faithful Performance Bond No 929128420 Labor and Material Bond No 929128420 Monument Bond No 929128421 Final Map No 15472 Faithful Performance Bond No 392484 Labor and Material Bond No 392484 Monument Bond No 392485 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 for recordation until the following conditions have been complied with for the map a A deposit of fees for water sewer drainage, engineering and inspections shall be provided b A Certificate of Insurance shall be submitted c Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d An approved Subdivision Agreement shall be submitted (Attachment No 5) e Payment of Park and Recreation In Lieu Fees f The City Attorney approves the CC&Rs for the project � : w )� � 1►�M� �- �i • � r ,� S Artlh��� t � �}� ` r 1 rw ro ILRLH- RL o c r c o CF-E MEADOWLARK ON IfTr+{5Y Ys 7 s,7 ) J J Z Y J J = p�M4a0 f1L RL RL RL R- RL RL RL nvfxTu+d ba J „ O W FL < 0 o s r f1L CILIEK7t OQ ;zc& Ori u cc R� RL � FL L R- �C HEILiPAQ --" 1,41 »� 5 t J V RL RL a CG FL FL FWFL FL owe F3L OS-PR F3L FL RL � MFL RESIDEN TIAL RL fLL FILL 8 4 AC FL { CS'* F" RL RL R 7 MEADOWLARK , Fib. SPECIFIC PLAN RL •••-''`� t CG a COMMERCIALn. # �.^ i 15 0± AC FM J « CG co ' `r 4 ...�:R W Y / WARNVt AVE SOURCE = SECTIONAL DISTRICT .MAP 21-5-11 0 CITY OF Z NTS HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA. AUDOURK SPECIFIC PLAN ZONING/DISTRICT A _ CITY OF IIUNTINGTON BC0 fXRI k Q ' t ��� � i ' � a � � ,., d b i ? • ��.� 1 r� Y' p r , u 1,ij_ i s` i iI 1• I I u I I I > '� vJ !� i _ .�► if �� 13 [(�Cl ;j�;ii� Tr ��7' , <T W c Jij(, lI 111 17 I is F. I, LI {�1 ...,.� �z�= 1 < �F--L� Jili �jji! j �1,I�t tt, _ ytyl 1I i,i j i ja :Lj f '_ j 1 i Z U Z--•L �I�Jili,t flltt� ,1,115 ijll 1 ; t j 1I 'Jt{y stis7sl3J �I# ��liill Z a � tt tl� 1ttII ! ITI �lii;ii�ljii�li 3 �'�� i is Q OZ�' ■L R s {i sI,t } if=.� 311 ti,1311 fi ' _` III1 ', J� ,�JIII !i�ui ]i ��IfiiutTcitr i I: itl i i 1 I I i i l l { 1 l It 3 tf► s 3 '� n i llIs. I �3 II.L { �->O r� u IsTF a - e r� .I..L S --3 `fir-s -ii t ! � f�•-�L t —,-k1df {— • _ 13 41 1-1.— _--.L .� r i �.� a .� f 5 �7� _i tjy t 171 Y" i t a r� 7 b 3 �t {13f Lj Cz, .f g ��y5r ����''�77{••• 3 lg7 � t jj_j a cal Z ilr it 1a T� 73)t'Y I` �tb i I Y 177 �t <1 1 3 / t.......t t + Il I3-.-l1 lz;.- 1?'tmvt,22, mtnmlu,L�,tftrt t�i]3L713....12IL�.2.]l.11P .Il]]]1�,.3237L.�ti1�-1I1.2L1 IL.L1 .�i.� t „ � ) L STTl1'Pi"r'1 fet HtL�t t•1 H s� H M •1 rf A 1'! 11 a'+ U 111tfit •1 nfft�frt �tvmn lsT3 ltmnitn3r{nnu3u.3t113 �..,R-„ r rt��_r, r�+t231A1112.37A3i..+..^.niritlll]tI7r�m•••3222t23727t.. t�tf :,'7tII7lI �LIIl1 t L ItIII3I1 3IItIL'iIIL_ T]IIl1 Ill tIt _IIl1 iI1'�J "1 t I I.LIL LIt122III!]n.t....nl«at...t.t.:tt._t ._..tt• 1.-,..]2 1 — ] ..f.a u u as+.a a31 f3a3 3aa33saasse.n v ram �n.., rav aaf av u �aata uc^3 vsa3afaaa aaW nary w+.a Ig u Il tf3f771ISI-1IAlIIS�-+iit7 7—"—" :_t12s 33Af137T73l173Ai J ' 1"1 H1H(ufAuv Yta rl H JUJ1f IlI •]1J H3 _ gglfdItL3 _ fi1 I t o S - I � '�� '! .-•� ' !t� • 7 re lit s7tJ7lggli t q q q bgg131iy9q q I� �•���11 � _•(�/l4 y44y q 1034 4 ♦ --t EltJ q q u q q ti y ♦ y "� j ! a q q q t to34 116 M q q q ♦ a1 M y��>r�_ t1 � N 71 , q ,� q q q -_ �-' �v { ♦ f y q M » q q >/ 3l1 3rw = -it j ♦ � q M q q p q -1 y ♦ ♦ y q N 11 sf q q p 4 t +� f1 •1 f1 �i y y y +i y y N � �q Id I � w■..a+aar,■ f • y '� y '( N M N M t! T � � _ �f • y y y y N 11 N N ■ �• y � N p y ► . [ 1 a ._... l 1 � • ♦ y y y y yl y y y y � is >31 ►si !� - _�' if A If ■ ■ a.fa * N M IN M > 1 ram+..-- ■t S ,+ t! yow,00,.vi a..� a i 1 ^t r ■�ou� I )1tJn Ul TAtlit) w3j) IAl1Y 01) y ,1C1 N i Y U ® an Qn � can ¢,� (y J , I \ / 'cam t rl.---� ^,.- guar r • WIN P'r CD m It f• © CD �f7- 1 Q Y 4 4t — Man t>< 3 Y �RWumv Y a GD Qf I CDI� [=_ ?{ elor It 1e 1 19 + __ 2 a Y p .+.. frk j16 GD CIS II )1 — wh m — I; ; ® ra.1 yyllnr) 11 �- 1. . .1 71 W.. Irj_I j 'n� O f1 I) CIS, J - - , 14 o ED co a 1. a a a 11 a ,. 11 t w M CsD 4f7 m © � Iti'1'aYtr� b .; t r r t - - -rT .I _ - - \\ n t t rX1�la�ait is (4 7 AW 1 7 / Gu {�D ffiD " O © n 1 't, Y 1, . I G,7 .� t tot 714FAW cmI I?Aa l MeaIto , �a Dy1! I I ).ecut�l .4'as ED I1 CEDpIS CIDas CID 1 1 1t1[tt! I Q ( .1 1. .1 0 /1 1 Y MIT 1 CtA Q CAD d 11 \\ /.]el fe1 ).1 11e 111 111 311 h ur t1A)Lt f ti )1 f I It © © m © © cam G0 as 9-"441 PAY GIJ ®, 7., [� + -1, ,� MEADOWLARK w 1• ,w Y � / rr.r ta /// f.1 3/1 f., 381 e1 fit 1.0 lot C; M�M00 11111f UMf PLANNING AREAS 1-4 TENTATIVE TRACT NO 15469 •rr-rK I"r A '"rII rG '"M A n r Kin iM A PO fll 11117) So '1 e 1NitavD" r n7m 1 �1 4s rI n If1 tl n u /r t3A CaD m CID GD © O � ► u D0717X1Dl7Adfi1 I u I u ! r fAm-FAIY011 t 4D i - a f ! 1 71'a ► n u u Is 11 11 t >t7r7nlat7l7 ( , c Gt� GD tf lr 7 --.r of r w w C7.A _^ ... .. guilt 1 Ewer'—r /r �\ �'= d d d u�'C..i� I 9 Ia 11 n to n n It 1 \ \ ) I It n )biro �UIDeItN�! r I O co Q CID O n/ le7 Teo 7a led In III 711 7+t FJttX7 CL ltyt't /etal...r tocam ,+--- © o © 4a ren a� Dw rAl LY 01a �t ° too loo - �! --�sll T.=�1 >~ 11L BC It � r 1� ® t I y © rr`� M 1,13j 90 • �� 7e lot of 1© 7O 7 70CD 01 7e7 7 71pt 11� .rw°r°7u71[Ull[ 11 EMD0 CHI as � tr / = Wy/ li liar FAI.IY 0 � f1 l.► It © ( � j/3 '" 7I1 717 m 7t/ 7► nl 7I7 71I W� I � Q © 4-il Cry Toe O CD veil O © O Ci.il 1�) Jr J t+ I rl I ,, ►rllct- --°n[_ lM 1► � _ —� ° - / � 1� Ilr ='' ° -Y—� `� u•r sl�o J o - �t I 1 � I t / m all n n• I ► I@ oil 1 / 1 t Ia. II "`S ) ut n7 7u na) uI w 7 7 �t 4 4 GA CD 4P Cil Q.D �r �p 4oi 711�, �i� 7� I'd jl `ru►c , ' l tln r to. e7/a 7►7 III 77t 77t 711 77r 7t1 7st 7u 4D w w u1 ur Its to us ul 77/ ut 1t�I Toe 7t► ` 1.) Itl 3�12 I I It © Ce17 GA QD IiD rE�) CFD ® IIJ fZD I►o .-- 7u 7u 7n n7 7u Q 0 Toe m 77I t p —711 7n I i' t I 11 1 GiA a II 7Ir 7l1 7l7 71I nt © In w us uI ul i © © Sol 214 m m vt »e Cril Il !!t y 777 Itl G.il CiED © GD 4� Ce1� 77t 711 7te l: '� IQ � t t I�t I IQ I t l 71e m © I I 7� O © ` r� L. , u► Ij� l �( 1 I I I'd 1 1707 I� I IQ Ip p M f F—S�7[tip - I d 7© 77� ' �i �'r-1 , 1 i ,�' �7 y 1t.) I 1 IO7 1� tGD 'tr ' 17© tG/7� n 4D t ► fit 1/1 Ito r 1 O ut hA CAA I � CbA� t 7cc- Gil "' 111 fl15]/11J 441/1, IYB t71 GA i ' 71t 111 rx�TIU U rtiarn , I��I i 1� ► n 1let0 too 111t Ioo p 4A ' 'OI' 7 '� '�j ' c1a�i - - -lL) - axe 11LYaa I urLw caar I Il► —�_Y Ill—� 0— ^�T� �'�_ JIL7 � ..► SIRE(I Ilk Its Ifl 111 Iu 111 lot Ill Ill 11f Ifl Ill Ill Ill 11/ 111 tot 111 1111 11 11/ 111 117 ?Ill111 N t wow ® m® 47i O mQ ®© Q �O Oa ' O Cx7� © © Ia Y Yi11 ry .Ir/ b[M/ '(�Y'rI V ItV v 1 t C F- yr —TI r r I av[nuroDINE I 111 400 I a1 ati - _ MEADOWLARK I t k"1,a71 IANIIY I I Ira ro� 41 40 PLANNING AREAS 1-4 t 1 I ""+nl^E """" �' novlt�cltrn rAeYDrO TENTATIVE TRACT NO 15469 TENTATIVE TRACT NO. 15469 '1 IIfYtlU �rrtr.7ln k npmer� ^r1 •I^nl rho 1I ny: "1XMk1rTnti At=Ar4 rnrim OF ORANGE STATE OF CALIFORNIA rwr.•.rwuw r r r w \ wW ww 1 V V W V I pM rlr•• 114 1 KK u JY rl Ar• 2 t I t • �J r �r..0 1 r rt ( r� 1 ( 1( • ! ( i E I I r rr r r r Yk PRIVATE STRCLI)_ IVATC STRCCI) Y —a 1•-- M/�u+nirs) (t/i-WAYS) I — tAnk _ t i +� r +dlrl r -y�r•1� /1{ OT]NOtA 1 � I •� �'N`� rcmr r w r..r r rrra wr+ IYPICN�PLOTITL�.tA_2 • r _ I�mr w.rrr ry .:�wlwr : IAm I r W w • i ) I 1 ]N Irl It 3R ... ZR ]R M rq aarr� 1 r aor[ I 1( ( t rl 1 r i 1 1 !i I r,wl" v `PRIVATE STREET) w _ ' __ prw rlrr 'R"' (W/0 iA-MITS) q ; " y_—PRIVATE STRECI , _ _ r 1.�„`� -I I 1 ,•t a. ' (r/o txurirs) •- TYPICM-PLOTTHO FU .511UU WRY I a u•.+ a rr «rwr n Nuul ar Vr NNYI w ��Iy .�-IIW TYPr.JLn0M UA-4 w.r r NY N WY uwl W'• w-� i uY. '1'L J1 LY 1• •.+ a r� 21-"16�11 • •vCf-3xVIM row rrl�wl•u � ... �� �1 ri r li.�1 I^���rr.. ft 1 1 i♦ r•r rr r q r~ rwr rrr r r � � '!� �.•rr y r r����~..~ 11 ►AAI,IT h ervrinrrR 1 /•r+ 1 w q 1 r «..... �. rr... y .'".. w.+a w. w)•Ir r (( r.�u• OBI rI+/Y ••rw I '•w I r•rr " ter+..w - _ w �..'�-'r r••ra• CATELLUS Q rr 1"'-'1 � r r ltA Lr ti ZL / � I "'• r" ,� ""•I� I ��:... w =�:.... .. Ij* trJllY b r J J rJ X 1 A to J " "ly �� Nor� -I.�..- Ott �r 1 ..._.�/�n 1 dip lit 1 It's I •'.,� :.r—.. ` .—.. ... y l wwtlw,M 1�•a.t w MEADOWLARK _ PLANNING AREAS 1-4 +�l"� TENTATIVE TRACT NO 15469 � li-- y .`1 ' �It malry" i TECHNICAL SITE PLAN nrr%r nr I1IIkrrr1,IAV^WI nrAnll nnllkrry nr nnAAI/-r erATr nr /+AI ICnnnnA t�lt>u a r��utn 1I`� nul 1 ate Y 010 r+.Y.irwl j ,\ save-" I .AVLU x t t Y '+ 1 Y wl l rr r , 1 1 +11 f N • q]tK 1 t , 1 ! + w ' •I Y I r 1+ I w t .3 m ti 2 4FIhJ 1, YLT�� f ,f r+ r ,r Y r Y Y Y Y Y Y � I 5 w � 1 vc Nrtr I11N1� 1 U Ad cu�ii" ( \'1 I} 11 I lx AM rr / / I 17=Donal, 1 l 1 l] „ r Y Y Y „ thE7FJ/tnY SAW r' r I / 61 =JJ'—YIttYLt I �r -rr r I 1! Iilllt! - rn' YIICYff Itxltfaaa 1 J w1, utnra � � I r f i r 1]il INU IY7AU,ll """ -- y�� MEADOWLARK +-" PLANNING AREAS 1-4 Ixintr<iuYA�rt, , TENTATIVE TRACT NO 15469 LUflf1ANY°� 'MDS"- TECHNICAL SITE PLAN DfYll[!1 urll�rYr r e rrI INa�(N�r III �`� ��" CITY OF HUNTIN6TON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA rLu�All1 I ��e 11 i rLxRlaou t r �S \` y n18A 111 I013S 38tw MCI OMI Olaf FAIR Y 010� � I — — r r � 1 Ot24Aa I tl f I .. It t M-rl.�ILI, H!'t_ 1 t I t N�11 FxhCC'K1 M On FAl1 Y ON Y L a I as 98 r Q. n 1:FA11I Y 6— _r[uL( - it -` T t 1 ♦ ' 1 is i Q IS II — -C �l1�1�4(4y1 /y15y�10 w � IPr.yi�ry I.l.l N W I !1 1 M q t 1 1t1 201«A 1�-48 srtn.. lil pq-;se _r--�,_ I t , ' ortll oLm =YTJ3 IMTI FATLY tm) I u, 200133-� _ _�___---MEADOWLARK WWIN � / 11� tlttttl9 I -� I I r In I pA4ART .S i t noon I I t l r PLANNING AREAS 1 t[tlerl TENTATIVE TRACT NO 15469 TECHNICAL SITE PLAN f1Wtr1 p� �11m[l JrMrLYr r etvner►�`� AA�C'-�I I►„/_�I{!ram" ....... �� �� � �¥ � �$�\� ! , � � § � � , ► � � �� � . � ` � � � k � � � , �■ - � �^ ' .�A � � � �` � k � . .�/��� � �� % � � . | �, / � � � � CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE CTY CLERK AY r`jY 1 3 195� May 13, 1999 - - Mr Bruce D'Eliscu Catellus Residential Group 5 Park Plaza, Ste 300 Irvine CA 92614 Dear Mr D'Eliscu The City Council of the City of Huntington Beach at its regular meeting held Monday,March 15, 1999, approved Findings and Conditions for Tentative Tract Map No 15469 and Conditional Use Permit No 97-80,Negative Declaration No 97-21, Zoning Text Amendment No 97-04, andZoning 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 for judicial review If you have any questions regarding this matter,please contact our office at 714/536-5227 Smely =e.,4Y4.ar� Conme 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 gJfollowupV a tters\90day I tr (Telephone 714-536-5227) i •� § 1094 5 SPFCIAT PROCEEDING S Part 3 Note 378 it to I (1 for it i% t rI it tit no► 1 rt�t t I ► t Intl 1 I tit, +- Intl r had uu jurtuht[Intl I ultfornln t it u1i l tutt ut lit \I It IIN It 1 tin I tit 1 not it it rnilur nu rtut X1 cetcnt Air ll l,tt) 1-7 t ul l2ptr 1`l0 '1-1 t \ I _tl I lutx Iut tobleikt (1I181) 1.3 Cal ltptr lrlal tourttt judy,ul lit (Intnly aril ntntttlnre to compel dtrot tor I f nI nt lilt tire [rut t that letter dtxcltltrging ttentor typ to met a-tile lit tltt t tun re%ol tnk pt tlttntt Ixt it rl, lit offitt I f t lilt► tlt rk xttttctl er s lit t nst us turLr Ifr I it t tit 1 n Inoxx t Ihnt Nit ►t ix rudt) tlf uu- unduct In rc post ct ntrol wax rt►rrrt d and tux r +no►111y. I ubhr retordx fr uu tha files and nlnudtd to trill I,ntrt with hr Itint's to metttlthng nit xrcrtttng them on vnrlo= rt.n11nd I n+L to Illrt rtor for Puri,n.t t f dates whercnn to honring before county t rtconxulcrlttg the prtlult► 1 r ►tously u+t cittl I, r►uc contml Inn e►ulrtlre wux to posed where it wan fount] that some of ern luced only nu ro -lint took place oa rli . charges ni unxt petittont r wern not onL of the ('11tex (lid II)t rt quire the du x It ported by LVI ICRCe \\Ingftrld ► I nI r t ourt t f ippeni on It p ill from iudg Dtrcct+r of Atrrculture (Iw2) 105 Gal meat nI►urdln;: st.Inor T►pg t clerk writ of 1 ptr 619 29 C A 31 200 niandntc after• rever.Ing It o judgment of I roceedlug for review of Ih ntnl W. I ont the xul error court to rtnland rlte matter nlu.sloner of rnrilorntlon,t of permit to to the c Itinnq,4on for rt,onstderatton whore flat rt wn t a xlnolrtnt► of factx sur I{[runt c votuli, rlgho of or court rx ronndtug renln►KI of the d4wusnents on all ►+our<1 he mm�nArtl to xupt nor court: for 11Lterinuntrlon whether thLri ►%in subyr111 t f the dnitx I rxtr ► Lit- kngelex Coun teal evidence to support t tmtutsslow-r 6 I�d 3�lob Gn.r -onimitlstuu (1952) 238 ftudingx wlitre court improperly deter 114 1094 6 Judicial review decisions of local agenclt_s, petition, filing, time, record, decislon and Marty defined, or- dinanc(, or resolution (a) Judlcial review of any decision of a Iocal agenc% other than school district, as the term local agency is defined in Set_tfon 54951 of the Government Code of of arly commission boald, officer or agent tht -eof rn-iy be had pursuant to Section 109415 of this code only if I the petition for writ of mandate pursuant to such section is filed {thin the time limits specified in this section. (b) Any 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, foi the purposes of this section the declsi n is final on the date it is made If there is such provision for reconsideration the decision is final for the purposeb of this sec- tion upon the expiration of the pet iod dui ing which such reconsidera- tion can be sought, pi ovided that If Ieconsideration is sought pursu- drit to any huch provision the decision is final for the purposes of this erection on the date that reconsideration is rejected (c) The complete i e(oi d of the In fat ecdings shill Ix prepared by (tie 10( tl l).,CII(y 01 it', ( ot111111�M011 i)o it ti offit e[ ill 111,Lnt which in ide the decision -ind %h111 be firliveic(l to the Iietitiont.i within 90 d lys .Iftel he 111s filed I white{{ IC(Iuetit (Ilerefor The local agency may recover from the petitioner its actual costs foi It amcribing or otherwise preparing the record Such record shall Include the tran- script of iht. proceedings, all pleadings, all -iobces and orders, any pi oposed decision by a hearing officer, the final decision, all adnutted 674 l t I Title 1 •1 NRIT OF MANDATE 9 34 6 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 the petitr0nt_1 files a ietluL,,t foi thi record fis specified to suh(hvititnn (c) within 10 (1 iy,, trlcl tho d ite the decision becomes fi- wil as pioNidLxl in subdivision (b), the 11111L within which i pt.Litioli put--,u int to St�Won 109.1 5 may be filed shill bZ 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 admin- istrative decision made, after hearing, suspending, demoting, or dis- missing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retire- ment benefit or allowance (f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within i x hich judicial review must be sought is governed by this section As used in this subdivision, "party" means an officer or em- ployee who has been suspended, demoted or dismissed, a person ithose permit or license has been revoked or whose application for a pez met or license has been denied, or a person whose application for a retirement benefit or 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,,Isions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter (Added by Stats 1976,c 276 p 581, § I ) Forma ':ice N%est a Califoruia Code F orma Ctni Procedure Library References Adnttntrtrnticc IA%% and I rorc lurt C T S Pubiir Admtntr;tmttve Bodies and 4�?+' Procedure 1 193 Notes of Decisions In general 1 lhnt puhhc cmplorinent relntiona honnl Exhaustion of administrative remedies 2 hail Jurt,uliction to deternttne altrtlrt r the unrnlr pructire ehargex were Juettrt,l antt, in %iew of teachers W-lare it, ccltntist their ntltninwrative remedies I In general tttttlrr the itadtitt Act trial court erred in ltltnal lxtunl x Ztnihtt rul fretrtnt, of Krantini, writ of mnndate to compel xulter trnrin rs xnlartt s after tsejjunio{, or new u1tend nt of dtxtnct and othrrrs to ralar $4hoot year while ntntrmt nexotinttons Amarinr Val Korn l enthnt, uryouhA wax an unrutr I,r t twlnry EAlut atop A.n u t \ewun itracttct its rinlattun of nisi Itudtin dirt so (10701 151 (,al.Rptr 724 83 (—AZI 2rr1 675 - _ i � t r FINDINGS AND CONDITIONS OF APPROVAL 3 Jgs CONDITIONAL USE PERMIT NO 97-80/ TENTATIVE TRACT MAP NO 15469/ v ` NTEGATIVE DECLARATION 97-21 OVIE 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 twent, (20) da5 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 TTM/CUP conditions), and will avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur Mitigation measures address a number of potential impacts including affordable housing requirements, land use compatibility,noise impacts and hazardous materials There is no substantial evidence in light of the whole record before the City Council that the project, as mitigated will have a significant effect on the environment FINDINGS FOR APPROVAL -TENTATIVE MAP NO 15469 1 Tentative Tract Map No 15469 for subdivision of 48 4 gross acres for the purpose of developing a 313 unit residential community is consistent with the General Plan Land Use Element designation of M-sp (Mixed Use- Specific Plan) on the subject property and the amended Meadowlark Specific Plan, as approN ed by the Planning Commission The number of uruts in each planning area areas follows PAl-62,PA2-51,PA3-113, and PA4-87 Detached single family homes on small-lots are a pernutted 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 sue, 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 was evaluated in Negative Declaration No 97-21 and tivill 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 Qg Aolfe\3 8cm) t 0( 0 FINDINGS FOR AP, _ OVAL - COIDITIO\AL USE PE 1IT NO 97-SO 1 Conditional Use Permit No 97-80 for the establishment of the 313 d«elling unit planned cornmunit) and reduced front y and setbacks in PA1 (pursuant to section 4 5 A PA1 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 v elfare of persons corking or residing in the N icinit" or detrimental to the,.alue of the property and impro-,ements in the neighborhood There are 62 single family residence detached uruts in PA-1, 51 single family residence detached in PA-2, 113 single family residence detached units in PA-3, and 87 single family rezidence detached units in PA-4 A total of 244 on-street Quest spaces «ill be pro%ided as «ell as an additional number of parking spaces pro-,ided on the spine road The proposed project as conditioned wall provide the necessary infrastructure and site impro,,ements to accommodate the needs of project residents and the adjoining community PA1 and PA2 reprezent innovati,,e de,,elopment concepts and result in an impro%ed street scene 2 The conditional use permit request, as conditioned, %ell be compatible «nth 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 with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zorung 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 parting PA1 and PA2 provide a creative layout and include innovati%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 th subject property In addition, it is consistent with the following goals and policies of the General Plan A L U 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 LU9 3 2 Require that the design of nev, residential subdivisions consider the following b Integrate public squares, mini-parks, or other landscape elements (g wolfeV 81rii) 2 t COnlfe duced street width, to achte%e acre ( - ornate relationship between structure Lo the e\tent feazable and in accordance .h Huntington Beach Fire Department regulations CONDITIO'NS OF APPRON7,kL - TENT-kTIN'E II,kP 10 15469 I The tentative tract map reset,.ed and dated October 19, 1998, shall be the approv ed map as revised or amended y the Meadow lack Specific Plan provisions and dev elopment standards and the conditions of project approval 2 The project shall compl, < 7th parkland dedication requirements De%eloper shall dedicate a minimum of 2 4 acres of park land and shall pa-, parkland dedication in-lieu fees to satisfy the remauuna,project par'land dedication obltgat,on The de-,eloper shall improve 2 4 acres of park land and an adjoining 8 acrez of Gibbs Park to Cin specifications The cost of the 3 2 acre park improNements «ill be credited to tree payment of in-lieu fees (This would not include any related impro.ements associated ,vim 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 m-lieu fees shall be deposited into the Park Acquisition and Deg elopment Fund The proposed neighborhood public par s a e at an s a I prop i e at a mirumum three (3) acres of dry, usable park space (Community Sen ices) 3 Retaining walls shall be setback a mirumum of four(4) ft from the back of sidewalks No retaining w alls shall be permitted within the ' Spine Road street ROW 4 Lot 'Ni shall be reconfigured to provide a minimum often(10) ft landscape buffer along v Airport Circle and pedestrian access only between Roosevelt Lane and Airport Circle The remaining portion of the subject lot shall be incorporated within the adjoining residential lots Wall and fence plans shall be submitted and approv ed b) the Plannina Buddinj and Public Works Department Prior to construction of anv ne«, walls, a plan shall be submitted identif}uzg the removal of any existing walls next to new walls, and shall include approval b3 property owners of adjacent properties The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and draunage 6 Decorative paving shall be prozzded 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 materials to be provided shall be subject to review and approval by the Public Works and Planning Department 7 At least 60 days before City Council action on the final map,CC&Rs shall be submitted to the Planning Department and approv 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 obstructie 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-parting' areas and include language similar to the letter from F Scott (g wolfev sin,) 3 Jackson dated LTe�e' er 2 1993 The CC&Rs shall On y- ordable form prior to recordation of the map CStreet lighting shall be designed and constructed to comply .vith Meadowlark Specific Plan provisions pertaining to decoratiN a street liahtina Street lighting levels alon0r street A shall be increased to provide pedestrian risibility per Public V,orks Department (P-%Z7 `9 -, Fire hydrant locations shall be approved bi the Fire Department (FD) 10 Tentative Tract Nlap No 15^-69 shall comply with all mitigation measures of Neglati-,e Declaration No 97-2 1 (attached hereto and becoming a part thereon) unless mitigation measure(s) are superceded bN more restrictive conditions of project approval Tentatn e Tract Map No 15469 shall comply with American Disability Act (ADA) Standard 12 Prior to recordation of the final map and unless other«-ise stated, the followuig conditions shall be completed Bonding maybe substituted for construction in accordance with the provisions of the Huntington Beach Zorung and SubdiN ision Ordinance a An affordable housing plan shall be submitted to the Cit-, of Huntington Beach, in accordance w ith Meadowlark 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 low and moderate income le,,el households (maximum 100% of the Orange County Median Income)for a period of thirty (30) years 2) A detailed description of the type, size, location and phasing of the units bema 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%vidun the proposed subdivision including Heil Avenue and Street 'A"' shall be released and relinquished to the City of Huntington Beach except at locations approved by the City (PTV) c '�A final sewer study shall be submitted for Public Works approval The development shall design the sewer system required to serve the development (PNV) A letter of acceptance for additional sewer flow s shall be required from the Orange County Sanitation District (P`V) The water improvements shall be designed as shown on the approved Tentative Tract Map,and per the City of Huntington Beach Water Division's Standard Plan, Specifications and Design Criteria The 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 shows that fire flow demands cannot be met with the City's current eater pipeline infrastructure,the developer will be required to upgrade the City's pipeline sy stem to meet the demands at no cost to the City The City of (g wolfe\3 8Em) 4 Huntington- V, ater Di,,ision shall appro%eechr -rep or additions to pipeline infrastructure r ,iy new infrastructure constructed in tL - public right of-%,a) shall be dedica,.ed to the City upon successful comple,ton of the project and shall conform with all baCLenolo?tcal testing requirements (PNN) f;The applicant«ill work %ith the Fire Department to assure that the street name of 'A' Street%will be consistent from south of Warner through the north side of Heil A,%enue The applicant«ill be responsible for any modification to e\istina signage due to name changes (PNND Q1 Final h,�drolog� and by draulic studies for both on and off site facilities shall be submitted for Public Works rep iew and appro%al Drainage easements and lots designated as detention 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 approl,ed method Runoff from the site shall be restncted as directed bz the Department of Public Works to minimize impacts to downstream facilities Drainage flows from adjacent properties will be accepted and mitigated as par, of the onsite drainage impro,.ements If the detention facilities are proposed within park areas, all storm flows up to and including the 10 )ear el-ent shall be contained below grade Any surface water 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 sy stem will be incorporated in the park and field areas at the direction of the Public `Yorks Department to insure these areas maintain the required drainage associated-.ti ith active park use (PNV) )The Deg eloper shall design off-site drainage improvements as required by the Department of Public Works to mitigate the impact of increased runoff due to development, and pass through flo«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-y car frequency All storm inlets shall be grated (PNV) OStreets B through` H ', ` J ' and`L shall be designed per modified Standard Drawing 104 with 50 ft of nght-of-way, and«Zth a 32 ft curb to curb width Sidewalks shall be 4 ft wide minimum v.-ith a 5 ft wide parkway adjacent to curb Parking shall be restncted to one side (PNV) Street I"and`K" shall be designed per modified Standard Drawing 104 with 50 ft of right of was, and xith a 40 ft curb to curb width Sidewalks shall be 5 ft wide minimum adjacent to the curb Parting shall be permitted on both sides of the street (PNN7 ok All street grades shall be a minimum of 0 50% (PW) 1 Streets M' through`Z' and `AA' through`BB"shall be designed per Standard Drawing 104 (42'/3?') The side«all.shall be 5 ft wide minimum with 'pop-out' sections outside the street right of way around street furniture to comply with ADA requirements Parking shall be restncted to one side (PNV) (a.wolfe\,3 8cn) 5 ni A final or� parking layout plan shall be subrgh,,-C4 �Ls part of the street impro,.ement r any for all prig ate and public scree parking and road«aN layout shall be analyzed b-, a registered traffic engineer for sight-distance pedestrian safety and all-way stop sign warrants at key intersections prior to acceptance by the Public INVorks Department The parking layout plan shall conform to CitN standards and the City s Subdivision Ordinance and Municipal Code requirements including Municipal Ordinance'No 10 40 050 No 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 where parking is permitted on one side only shall have the no parking side painted with a red stripe "%isible to the dn%er, and`no parking— fire lane' sins shall be posted prior to any mo,.e-ins Fire lanes shall also be designated in compliance with City Fire Department Specifications 401 and 415 A total of 244 on street guest parking spaces, a\clusive of guest and park parking pro%ided on Street A' (Spine Rd), shall be pro,,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) (PNY/Planning') The de,.eloper shall design and construct a traffic signal at the intersection of Hell Avenue, Street A' and Del Mar Lane (PN3) 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 sidev,alk shall be 4 ft wide rrunimum with a 5 ft wide parkway adjacent to the curb (Pti;I 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 way and a 32 ft curb to curb width Additional parking on Street'A' shall only be permitted per the approN ed parking layout plan in pockets located within 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" Stree 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 (PNV) ,_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 m accordance with Public `Yorks Standards and the Specific Plan J The southerly 18 ft of Hell Avenue shall be dedicated to the public for street and pubh utility purposes (PNV) L%%olfeV 8trri) 6 Heil ANerjW} 'l be designated per the City s S ar("Dlan\o 102, modified (100 /70 ) inct .ping a 7 ft bike lane on the south side L_ rIetl kNenue The de-,eloper shall design protected left turn pockets (150 ft in length) in both directions on Heil Avenue, (design speed 50 MPH) The de%eloper shall dedicate additional right-of-«a), if necessary, on Heil AN enue to permit installation of the protected left turn pockets as directed by the Department of Public «'orks (PtiSD An additional 12 ft of landscaping shall be required adjacent to the Heil Avenue right- of «,ay Landzcaping improvements shall be designed and installed per Public Works Standards This landscaped area shall be contained%vithin an easement for maintenance by the HOA (PLAY) (W') A reproducible my lar copy and a print of the recorded final map, along .N ith digital graphic files of the recorded map per the Citti of Huntington Beach' CAD Standards Manual for Consultants , shall be submitted to the Department of Public Works (PNND fix The following shall be shown as a dedication to the Cit,, of Huntington Beach on the Final Map 1) An easement o'%er the pnv ate streets for Police, Fire Department, and utility maintenance access purposes 2) A 2 ft public utility easement adjacent to the street right-of-v'ay, as shorn on said map (7 ft parkway s or less) 3) The water sy stem and appurtenances as shown on the improvement plans 4) Access rights in, over, across, upon and through the private streets for the purpose of maintaining servicing, clearung, and replacing the water system 5) The easements for se%%er and storm dratn purposes as shown on said map,-.rZth 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 (PLAY) y� The developer shall provide a 10 ft(minimum) wide decorative pavement section at the `J joint points of the public streets, excluding Pearce Street east of Street`K"per the City's direction The decoratiN a pavement section shall end at the curb returns in the pnvate street portion (PNV) A phasing map shall be submitted for approval to the Public Works Department showing improvements 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 (PW) as The engineer or surveyor preparing 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 19 for the following items, 1) Tie the boundary of the map in the Horizontal Control System established by the County Survey or 2) Provide a digital-graphics file of said map (P«D (;wolfe\3 San) 7 k,bb All impr r securiaes (Faithful Performancabo- &- Material and Monument Bond,) an St_^1t%ision Agreement shall be po,tep,%it ie Public N".orl.s Deparment and approved a, to form by the City Attorney (PNN� CC A Certificate of ln,urance shall be filed with the Public Yorks Department and - approv ed as to foml by the City AttorneN (PLAY) dd)All Public «orl., fees shall be paid (PZN) ee A cash pay ment in the amount of S35 000 00, in addition to any traffic impact fee due, snall be made to the City, for the developer s share of the future traffic signal at the intersection of Bolsa Chica Street and Pearce Street as specified in the Vleadovv lark Specific PIan (P«� ff Tentative Tract %lap No 15469 (PA 4) shall be revised to accommodate the proposed architectural de,rgn and comply with minimum setbacks, inclusiv a of side yard setbacks gg A copy of the CC&.R's shall be submitted to the D for review and approv at The CC&R's shall provide as a minimum 1) The HO k shall be responsible for performing regular maintenance and monitoring of the storm water system in conformance with the Storm Water Qualitz Management Plan for the development 2) All public fire hydrants witlun the development shall be kept clear of landscaping and impro,,ements 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`iNo Parkuig" zones shall be maintained yearly by the HOA 5) Prov isions shall be made in the CC&R's to prescnbe street stireeping guidelines performed by the HOA Guidelines shall be in conformance with City requirements (P`V) Rolled curbs shall be provided on all private streets ii Emergency N ehicle access shall be provided at the end of the cul-de-sacs as deemed necessary by the Fire Department (FD) jl Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification#401 (FD) � l The developer shall pay a proportional share for the signalization of the Heil/Graham intersection as determined by a traffic impact analysis approved by the Department of Public Works (PNV) (gr wolf v Sim) 8 13 The follo«inflc bons shall be comple,ed prio- to ce o'grading permits A Grading Plan prepared b,. a registered Cv,it Engineer shalt be submitted for revie« and appro,.al 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 «ater runoff during construction and site preparation v orl. Finat arad-Is and ele%ations on the Grading Plan shall not N a--) b,, more than 1 f from the grades and elevations on the approved TentatiN e Map (P«) b A detailed soils analysis shall be prepared b) a registered Cv,it Engineer This analysts shall include on-site soils samoling and laboratory te,ting of ma,erials to provide detailed recommendations for grading, chemical and fill properties re►airing walls, streets, and utilities (P'NV) c A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect,shall be submitted to the Department of Public R orks for reviecN and appro,,al by the Park,Tree and Landscape Division The De%eloper shall submit irrigation demands to ensure proper imgatton service sizing (PNV) d , In accordance with NPDES requirements, a'Water Quality Management Plan"shall be prepared by a Ci,,it or Environmental Engineer Water qualitZ BMP and education information shall be included in the CC&R's (P«) e The Developer shall coordina,.e with the City of Huntington Beach Traffic Engineering \� Division in developing a trucl,and construction-%ehicle routing plan This plan shall specify the hours m«hick transport acts,.iues can occur and methods to minimize construction related impacts to adjacent residents These plans must be approved by the Department of Public Worts (PZV) Cf� The Developer shall submit 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 Dig ision of Oil, Gas and Geotechrucal Resources (DOGGR) standards, subject to the approval of the Public Works Department and Fire Department (iNlitigation Measure) g� The Developer shall ensure that during demolition of existing structures or the removal of potentially asbestos-containing materials,these materials shall be tested for the presence of asbestos it is determined that the materials are asbestos-containing,the materials shall be removed from the site and disposed of by licensed contractors in accordance with current regulatory standards,subject to approval of the Public Works Department and Fire Department (Mitigation Measure) h' The Developer shall ensure that during demolition of existing structures or the removal of potentially lead-containing materials, existing building debris(i e ,paint) shall be handled in accordance with current regulatory standards, subject to the approval of the Public Works Department and Fire Department (-Mingation Measure) (g wolfe\34cm) 9 0 The Developer Snall 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-,Kith current regulatory standards subject to the approval of the Public Works Department and Fire Department (Mitigation I`leasure) 14 The following conditions shall be completed prior to issuance of building permits a No combustible construction shall occur until the appro ed w aLer s,seem has been installed b The «ater sy stem shall be located within-,ehicle tra,,el«a,,s dedicated to the City ,.,.here possible Ground coy er,hardscape and/or softscape o,.er water lines shall be appro-,ed by the Water Division The deti eloper or any other subsequent HOA shall enter into a Special Utility Easement Agreement with the Cits, %Nhich shall address repairs to any enhanced pavement,walla, fencing, curb, gutter, landscaping, etc by other than City forces (at no cost to the Cit)), if City water mains require maintenance or repair c Construct off-site drainage improvements as required by the Department of Public Works to mitigate impact of increased run-off, due to development, or deficient, downstream drainage systems Design all necessary drainage improN ements shall provide mitigation of all rainfall event frequencies up to 100-y ear frequency d The Developer shall submit a construction plan demonstrating that all construction staging areas are located as far as possible from residential areas in order to minimize 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 upgrades could include upgraded vando«s and mecharucal ventilation so that the ,%—mdows 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 I 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 openings or cracks The noise barriers for rear yard areas may be a wall,berm, or a combination of the two The sound wall or any patio barrier that may be necessary may be constructed 5/8-inch Plexiglas, any masonry material, or a combination of these materials Plans fc the proposed noise barriers shall be approved by the Planning and Building Department (mitigation Measure) (a «olfe\3 8rm) 10 Cr The De-velopfp 11 ensure p-oper no _e a`terua iolk p-opo,ed alo-ig the southerly boundary of Planning Area' adjacent to t--ie comme Clal Le1te- (Meado«lark Plaza) and Planning Area 1 adjacent to Hell -k,.e througl com,=uctio- of a noise attenuation«all The height of the «alls (as measured frorr the highe,t adjazem, grade) shall beg in height, portions of the «all adjacent to the cornmercral cen er along the southerly property line maybe up to 12 in helart The truct.loadln_docl,areas on the commercial center site shall be enclosed (as agreed to at t_-e Pla_.runQ Co-,Lnis,non meeang) The Developer shall ensure imolementaLLOP o:the noise miuga on measures aopro"ed by the City to reduce extenor noise imoacts on affeCLe` a.eas to 1e%els of less than significant and in compliance vvith the Ci<< s Noise Ord,na--ice Final olaZ_., for proposed noise barriers shall be in accord v i..h noise stua) a---d app-o'%ed b% tre Planning and Building Departments (Mitigation Measure) r 15 During grading/construction ii a sump pit is ercounrered dolling mud present must be sampled and tested to ensure tna-the rnaLenal a:e non-hazardo.is subject to the approval of the Public Works Depa.rtmenL and Fire Depa-Lment 16 The following conditions shall be cornple,ed prior to final occ�pancy (PNV) a Backflow protection is required and shall be installed per tag Huntington Beach Water Division Standard Plans for imgauon and fire suppressior NN a-er sen-ices b Each proposed dwelling unit shall require a separa a dome,uc meter and service All domestic water meters shall be sized in accordance with t:e L-PC and the requirements of the City of Huntington Beach Building Depar<rrent anc the Fire Department c All existing overhead utilities snall be installed undergrot~-nd in accordance with the City's Underground Utilntt Ordinance In a-?ditno:.,all eleca---cal transformers shall be in stalled underground d The entire public park, including the extens,on on o'Norma Gibbs park,shall be improved to Public Works Standards The de,.eloper shall p_ovide for a minimum,of 20 parking stalls on Street A' One space stall be ADA compliant, and shall be located along the public park frontage e All public infrastructure impro,�ements,perimeter,streetscape,community open space and greenbelt areas, public par%and Norma Gibbs park extension and other required landscaping improvements shall be compleLed prior to the first move in. Private infrastructure shall be constructed per toe approved phasing plan. f Soil tests for agricultural suitability,fertility and appraisal,tom the 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 Go wolfel3 8tm) l l a Existing mO rees that are to be remo%ed must A -ed at a 2 1 ratio with a 36 box tree or palm equivalent The Developer shall have a 1-onsulting Arborist quantify, identify, size and analyze the health of the existing trees The report shall also recommend how the existing trees that are to remain (if an-N) shall be protected and how _ far conbtructton/grading shall be Dept from the trunk h All landscaping irrigation and planting installation shall be certified to be in compliance with the Citti approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final landscape inspection and appro-,at i All streetb shall be fully improved per the conditions of appro'.at j 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 California Edison Co Street lighting shall be constructed in accordance Nvith City Standards and'leadowlarl.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 Planning and Public Works 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 writing 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 onginal entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO INFORiMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT i11AF 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%vith the Orange County Recorder and a copy filed with the Planning Department (O wolfeV $tm) 12 2 Park. and Recr*)n Fees shall be paid prior .o z:.cep*e of the Final Map bN the City Council State Mandated school impact fees shall be paid prior to issua-ice of building permits 4 -%It applicable Public Works fees shall be paid prior to map recordation S Tentati%e Tract Map No 15469 shall become null and N oid u_zless exercised within t,%o Nears from the date of final appro-,at An e%tension of time maN be gramed b� the Director of Planning pursuant to «Titten request stbmitted to the Plammng Deparzment a minimum of 30 days prior to the expiration date 6 'The applicant shall submit a check in the amoun of S38 00 for the posting of the Notice of Determination at the Count) 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 two da)s of the City Council action CONDITIONS OF APPROVAL- CONDITIONAL USE PERAHT NO 9 7-80 1 The Conditional Use Permit plans/documents receiN ed and dated October 19 -21, 1998, shall be the conceptually approved plans with the following modifications a The Conditional Use Pen-rut plans/documents shall be re Vised to compl) with the Meadowlark Specific Plan proN isions and deg elopment standards and any other applicable provisions of the HBZSO and HBOC,inclusn a of public park dedication, building setbacks,building height,parking and storage requirements b Garage driveway widths shall be designed in accordance wZth HBZSO Section 231 18 D 4 and Murucipal Ordinance 17 20 010 and 17 20 030 Turning radius' on angled driveways shall be adequate to alto« turns in one movement to enter garage entry areas c Depict all utility apparatus, such as,but not limited to, fire hydrants,back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public nghts of-way Electne 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 maximum separation betty een building wall and property line shall not exceed tw 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 adjoining pnr ate residential lots (g nolfel3 atm) 13 e The Wall ls i- ce plan dated October 19, 199S At v ised as follovy s 1 Incorporate ' theme wall de,ian treatment along Lot'U , 2 Incorporate front y and fence de,tgn option, 3 Identify block galls to accordance yv-ith condition 14 g of the Tentativ,e Tract Map, 4 Wrought iron fencing along rear property line, of lots adjacent to the public park, 5 Location of wood fence, for interior and rear y ards not abutting a street, 6 Block walls along evertor side yard,,and rear y ards abutting a street, and for all project perimeter property line,abutting existing properties h If outdoor lighting is included, enemy saving lamp, shall be used All outside li_hting shall be dLrected to present 'spillage onto adjacent properties and shall be shown on the site plan and elevations i Product mix modifications shall be,ubject to rev le" and approval by the Planning Department J Planning Area 1, Floor Plan 2 and a,sociated conditional use permit and tentative tract map documents shall be revised to comply witn 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 NNhich 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 units vathLn 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 m,the mtn,m 10 feet exterior side yard setback n Plan 2 and 2X(PA-2) shall be revised to comply %Nith the minimum 20 feet (width) by 20 feet(depth) interior garage dimensions PIan 2X and 3X(PA-2) shall be revised to eliminate the excess substandard compact and tandem parking Excess tandem/compact parking areas shall be allocated to alternate uses and shall comply with the Meadowlark Specific Plan parking requirements o Interior garage dimensions for PA-3 and PA-4 shall be pursuant to the plans presented to the Planning Commission at their December 3, 1998 meeting 2 Prior to submittal for building perrruts,the following shall be completed a Zoning entitlement conditions of approval shall be pnnted verbatim on the second page of all working drawing sets used for issuance of building permits (architectural, structural, electrical,mechanical and plumbLng) (g %v01fel3 8tm) I4 0 •r b Points of interest architectural landscaping recreationdLand sculptural), seating areas and functional pavilions shall be incorporated v ithin the o,.e,all pedestrian promenade' Spine Road design theme A detailed plan specif}ing the pro,-0,ed design elements shall _ be submitted to the Planning Department for re-,ie�,% and appro,,al by the Design Re',ie« Board c Decorative street furniture and light fixtures shall be incorpora�ed«nthin the IVleado«larl, Specific Plan area(PA 1- PA 4) Street furniture and light fi\Lure specifications and locations shall be submitted to the Planning and Public `t ork,Departments for revie%% and approval by the Design Revie« Board d \Tames of streets shall be submitted to and appro,.ed by the Huntngton Beach Fire Department in accordance w-ith 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 revie« and appro%a the folloi-rig 1) Enhanced architectural treatment for building facades visiole from public right-of- way, open space areas and parks sites 2) Revised site plan and elevations as modified pursuant to Condition No 1 g The following Fire Department requirements shall be noted on the building plans 1) Fire lanes will be designated and posted to comply with Citt Specification No 415 (FD) 2) Address numbers tijzll be installed to comply with City Specification No 428 The size of the numbers will be sized a rrununum 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 locations specified by the Fire Department. (FD) 4) Automatic sprinkler systems shall be installed m 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 Fire Department pnor 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 Huntui-ton Beach Municipal Code Title 17 04 085 and City Specification No 429 for new construction within the methane gas overlay distncts (FD) (g wolfe%3-3tm) 15 0 0 h Residential typ,- Lructure�, on the !oject pro2:r< attached or detached, shall be constructed in compliance «ith tag S ate acou.3Lical standard, set forth for units that lie «ithin the 60 CNEL contours of tie p,operv, 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 ofacoustical engineering oath the application for building permit(s) (Code Requirement) i A detailed soils analysis 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 pro,ide deL iled recommendations regarding grading, foundations retaining .tiall�, streeu 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 evgaged to submit a report indicating the ground surface acceleration from earth mo%ement for the subject property All structures withun this development shall be constructed in compliance v.ita the g-factors as indicated by the geologist's report CalculaLtons for footings and structural members to withstand anticipated g-factors shall be submitted to the City for re,,,iew prior to the issuance of building permits (Code Requirement) k Floor plans shall depict natural ga, a-id 2201� electrical shall be stubbed in at the location of clothes dryers, natural gas shall be stubbed in at the locaLtons of cookuig facilities, water heaters and central heating Lmits 3 Prior to issuance of grading permits,blocloviall/fencirig plans shall be subrrutted to and approved by the Planning and Building Department Double %balls shall be discouraged If double «alls are proposed, evidence tna the adjacent property wv ner does not agree to have their existing «,all remo,.ed shall be submitted In addition,the double walls shall be designed v,ith the narro«ezt separation possible and shall include lightvreight fill into the gap to reduce crevice areas Prior to the construction of any nei% «alls, a plan must be submitted identifying the removal of an) existing-. alls next to the nec< `balls, and shall include appro,,al by property owners of adJacem properties The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage The height of the required noise attenuation.tall along the southerly project boundary, adjacent to the Meadowlar'rl 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 elegy ations pursuant to Condition No 1 for review and approval and inclusion in the eatitlement file to the Planning Department b A Landscape Construction Set mwL be submitted to the Department of Public Works and appro%ed by the Departments of Public NVor',s and Planning The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect«hick identifies the location, type,size and quantity of all existing- 0 1 fe 6-3 CM) 16 plan maLe� En remain e\tsttng plant material besemo�ed and proposed plant materials, n tion pl?-i a grading plan, an a o-,r mite plan and a copy of the er•talement conditions of aopro,%at c The landscape plans shall be in conformance v,ith Chapter 232 of the Zoning and Subdi%ision Ordinance and applicable Design Guidelines Any extsting mature trees that must be remo,.ed shall be replaced at a t"o to one ratio (2 1) with minimum 36 inch boy tree, and shall be incorpo-ated into the projects landscape plan (Code Requirement) d The Final flap shall be accepted by the City Council, recorded «ith the Orange County Recorder and a copy filed with the Planning Department (Code Requirement) e The p,operty o«ner shall sign notarize, and record with the County Recorder a covenant assuring that the single famili residences will be maintained as one(1) d%selling unit f The developer shall submit a separate utility plan shoNvina %,,ater s,,stem improvements, including sen ice connections to each building, fire hydrant, valves,backflo« devices and other appurtenances in accordance with applicable U P C , City Ordinances,Public Works Standards and N'�ater Division design criteria These plans shall be approved by the Public Works Water Dig ision and the Huntington Beach Fire Department prior to any construction (PVD a An interim parlina and/or building materials storage plan shall be submitted to the Planruna Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location The applicant shall obtain any necessary encroachment permits from the Department of Public Works h Submit a letter of map re-,ision from FERIA declaring the lot(s) exempt from floodplam requirements or submit a copy of completed FELLA Elevation Cerificate(s)for each unit to the Planning Department i Public park impro,�ement plans for the 3 2 acres must be rep iev,ed and approved by Public Works and Community Services Staff, and Community Services Commission. j Affordable Housing Plan shall be approved 5- During construction,the apphcant shall a Use eater trucks or spruilder systems in all areas «here,.elucles travel to keep damp enough to pre,,ent dust raised when leaving the site b Wet down areas in the late morrung and after w ork is completed for the day, c Use lov, 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 sn) 17 e Discontinuaw-- -uction during second stage smo�rt� 6 Prior to final building permit inspection and appro,.at of the first residential unit, the following shall be completed a The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy 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 w ill be designated and posted to comply with City Specification No 415 (FD) 2) Address numbers wall 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 sprinkler sy stems shall be installed in all units throughout Planning Area 3 and Planning Area 4 to comply with Huntington Beach Fire Department and Uniform BuildmQ Code Standards (FD) c Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department d All building spoils, such as unusable lumber, -wire pipe, and other surplus or unusable material,shall be disposed of at an off-site facility equipped to handle them e The project will comply nth all provisions of the Huntington Beach Fire Code and City Specification Nos 422 and 431 for the abandonment of oil yells and site restoration (FD) f The project will comply-vnll all provisions of Huntington Beach Municipal Code Title 17 04 085 and City Specification No 429 for nevr construction within the methane gas overlay districts (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 irnpro,.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 phasing plan. 7 The project shall comply with Negative Declaration No 97-21 mitigation measures unless superseded by more restncti%a conditions of approval G ."01 feV San) is 8 The P anning I for en�ure� that all conditions of appal herein are complied «nth The Plana -ig Dir_� s be notified in writing if any changes(— the site plan elegy ations and floor plans are propo.,ed as a result of the plan check process Building permits shall not be issuer until tie Planning Director has rep ie«ed and appro%ed the proposed changes for confo-mance witri the intent of the Planning Commissions action and the conditions herein _ If the proposed chanQe� are of a substantial nature, an amendment to the original entitlement re-,ie%%ed by the Planning Commission may be required pursuant to the HBZSO 9 Appro,�al of Conditional Use Permit No 97-80 is contingent upon approval of Zoning Text Arnerdment\To 97-4 and Zoning Map Amendment No 97-1 bti the City Council, and shall becor-.e effean e 30 da,,s after the adoption of the Ordinance adopting the Meado«lark Speci�ic Plan amendments and following the ten day project appeal period I1-'ORtiI�,TIO\ ON SPECIFIC CODE REQUIREMEtiTS 1 Condiaonal Use Perinit No 97-80 shall become null and void unless exercised within one year of the date of final appro,,al or such extension of time as may be granted by the Director pursuant to a«mmtten request subrrutted to the Planning Department a minimum 30 da-,s prior to the expiration date 2 The PIanzing 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 All applicable Public Works fees shall be paid (PZV) 4 Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy (PSV) 5 An encroachment permit shall be required for all work within the right-of-way (P-vv) 6 A Cernificate of Occupancy must be issued by the Building Department prior to occupy of building on tree project site 7 Park and Recreation fees shall be paid prior to approval of the Final Map by the City 8 State-manda,.ed school impact fees shall be paid prior to issuance of bunldma 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 local and State regulations regarding installation and operation of all underground storage tank (FD) 11 Cons_uction shall be limited to Monday- Saturday 7 00 AML to 8 00 PM Construction shall oe prohibited Sundays and Federal holidays (�wolfe3 srr-i) 19 t�^ � � s�,. ,y L Y� (( 1 � l I •� � F ' w �,� , r • i 9,1��h' "^� , F � � � •h` � � a • � � � i i a � i � ��' , d � r �� �� `7 f�A� �� Subdivision Agreement Final Map No 15472 • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WL HUNTINGTON ASSOCIATES, LLC FOR TRACT NO 15472 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 Nonperfonnance and Costs 7 13 Record Map 8 ' i • A SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WL HUNTINGTON ASSOCIATES, LLC, FOR TRACT NO 15472 z-00 y This Agreement ( Agreement ) is entered into this 3` day of NNL Ayt I 'r%Q by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Delaware hereinafter referred to as CITY ' and WL HUNTINGTON ASSOCIATES LLC a California limited liability company, by WL HOMES LLC a Delaware limited liability company dba JOHN LAING HOMES manager 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 15472, and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work, to agree to perform said work as herein provided and to execute and deliver to CITY bonds for the faithful performance of said agreement for the payment of all labor and material in connection therewith and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the California 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 WLHu11hngton15472 12/06/99 • • 1 GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do perform and pay for the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to include,but not limited to the construction of streets including excavation, paving curbs gutters, sidewalks trees and landscaping sewers including construction of main lines and lot laterals and structures street lights, street signs, construction of domestic water systems including the construction of water mains, services and installation of meters engineering costs, and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and per formed 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 artenal 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 WLHunungton15472 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 watering plants replacing unsuitable plants performing weed rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a period of one (1) year from and after the date of City Council acceptance of the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period said improvement plans prove to be inadequate in any respect SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials, or statement(s) by any officer agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials, or payments therefor or any combination or all of these acts shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed nor shall CITY thereby be stopped from bringing any action for damages ansing from the failure to comply with any of the terms and conditions hereof 7 COSTS SUBDIVIDER shall pay when due all the costs of the work including inspections thereof and relocating existing utilities required thereby 3 g/agree/subdv WLHuntingtonl5472 12/0C/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 California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance provide as security to City A Faithful Performance For performance security in the amount of Two Hundred Eighty Thousand Seven Hundred Dollars ($280 700 00) which is one hundred percent (100%) of the estimated cost of the work Such additional security is presented in the form of / Cash certified check or cashier s check ✓ Acceptable corporate surety bond 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 One Hundred Forty Thousand Three Hundred Fifty Dollars ($140 350 00) which is fifty percent (50%) of the estimated cost of the work Such security is presented in the form of 4 g/agree/SUMv WLHunhngton15472 12/06/99 Cash certified check or cashier s check, 1/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 tern of this Agreement substitute improvement security provided that the substituted security is acceptable to the City Attorney, however any bond or other security given in satisfaction of this condition shall remain in full force and effect 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 WLHuntingtonl5472 12/06/99 0 0 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 ansmg out of or in connection with this Agreement and shall provide coverage in not less than the following amount combined single lint 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 primary Under no circumstances shall said above- mentioned insurance contain a self-insured retention or a deductible or any other similar form of limitation on the required coverage Prior to commencing perfonnance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy, 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY 6 g/agree/subd% WLHuntmttonl�)472 12/06/99 • 0 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 limited 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 WLHunungton1�472 12/06/99 • 0 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 and year first above written WL HUNTINGTON ASSOCIATES LLC, a CITY OF HUNTINGTON BEACH a California limited liability company municipal corporation of the State of BY WL HOMES LLC a Delaware limited liability California company, dba JOHN LAING HOMES, Manager By ' w Mayor H Lawrence Webb Chief Executive Officer AND h ATTEST _ By A— - Wayne Stelmar Ch of Financ> 1 Officer "City Clerk Clerk REVIEWED AND APPROVED APPROVED AS TO FORM City Administrator C t At orney INITIATED AND APPROVED City Engineer Agc' 8 g/agree/subdv WLHuntmgton15472 12/06/99 �Cu d �bi/la / ACQ,t?D,M CERTIFIGA OF LIABILITY INSUR CE DATE(MM/DD/YY) 9/14/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services Inc of 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 f A Evanston Insurance Cc INS & UuS R�fd� M doWlark, LW, C �,US U,.,,�,.1� COMPANY G oLip, Catellus Residential den l 1�a1riLiC ion, � 1�G1Lll B Insurance Co of State of PA Jamboree Center COMPANY C 5 Park Flaza,, Suite 400 T___, C 72614 •rye ��7Z COMPANY COVERAGES 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(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2000000 A X COMMERCIAL GENERAL LIABILITY 99GLP1003258 3/01/99 3/01/00 PRODUCTS COMP/OPAGG $ 1000000 CLAIMS MADEaOCCUR PERSONAL&ADV INJURY $ 1000000 OWNER S&CONTRACTOR S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE IA y one f re) $ 50000 MED EXP(Any one person) II AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS APPROVED AS TO FO t (Per person) e HIRED AUTOS GAIL hUTTON, City Attorney BODILY INJURY NON OWNED AUTOS Deputy City Attorney (Per acc dent) S i PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 30000000 B UMBRELLA FORM 42996083 3/01/99 3/01/00 AGGREGATE $ 30000000 OTHER THAN UMBRELLA FORM etention $ 25000 WC STATU OTH WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE EA EMPLOYEE 1 $ 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 rdMW4W&QRjP MAIL P 0 BOX 190 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach, CA 92648 AUTHORIZED REIIS&RACIPCOWAT JU 000027000 1 ACORD 25 S 11198k ©ACORD CORPORATION 1988 t s POLICY NUMBER 99GLP1003258 COMAMRCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) �. (Including"Primary" Wording) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Orgamzation 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 applicable to this endorsement ) WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability ansing out of or related to `your work or its supervision for that insured by or for you PRIMARY INSURANCE It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss or liability 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 FOR.d GUL hUTTOD City Attorney Ej Deputy City Ittoinei t f12-o AI-Pnmary CG2010p(11-8.)) • i Bonds Final Map No 15472 0 BOND NO 392484 EXECUTED IN DUPLICATE PREMIUM $1,404 00 FAITHFUL PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereinafter designated as"principal ) have entered into an agreement whereby principal agrees to install and complete designated public improvements which said agreement dated 19 and identified as project TRACT 15472 is hereby referred to and made a part hereof and WHEREAS said principal is required under the terms of said agreement to furnish a bond for the faithful performance of Laid agreement. Now therefor we the principal and SEABOARD SURETY COMPANY as surety are held and firmly bound unto the City of Huntington Beach hereinafter called City the penal sum of TWO HUNDRED EIGHTY THOUSAND SEVEN HUNDRED-----dollars ($ 280,700 00------ lawful money of the United States for the payment of which sum well and truly to be made we bind ourselves our heirs successors executors and administrators jointly and severally firmly by these presents The condition of this obligation is such that if the above bounded principal his or its heirs executors administrators successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenant condition and provisions in the said agreement and any alteration thereof made as therein provided on his or their part,to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless"City , its officers agents and employees as therein stipulated then this obligation shall become null and void otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor there shall be included costs and reasonable expenses and fees including reasonable attorneys fees incurred by" City in successfully enforcing such obligation all to be taxed as costs and included in any judgment rendered Iz Zz-Zf TO FO-�,-.d atorney �� -�, 31+Y Aztoznel 0 0 The surety hereby stipulates and agrees that no charge, extension of time alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond and it does hereby waive notice of any change extension of time alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof this instrument has been duly executed by the principal and surety above named on DECEMBER 8 , 19 99 WL HOMES LLC, A DEL WARE LIMITED BILITY COMdP �ncipal By By SEA OARD SURE Y COM ANY as Surety By D JC , At orney-in-Fact By 2 %oaxavaja fkL-L. VUt{FUSE AUKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 12/8/99 before me BEATA A SENSI, NOTARY PUBLIC Dale Name and Tale d Officer(e g Jane Doe Notary Pubicl personally appeared D J PICARD Names)d sq-ts) M personally known to me—on—0 to be the person(K) whose name( (skMsubscribed to the within instrument and acknowledged to me that he/iKYy executed the �St same in his/f��4r74KUauthorized capacity(M) and that by BEATAA hisfier/their signature(? on the instrument the person(!) y ''` cpMPA 1tiCA FoiN1412 or the entity upon behalf of which the person(!) acted t.� n r tdOTAr?Y FUSLlC cw�' �1 TY Exp qp4 2101 executed the instrument WITNESS my hand and official seal / 1 � S Slynalure d Notary Pubic OPTIONAL Though the infwwt#orl below is not required by law !t may prove valuable to persons ref vV on the document and could prevent fraudulent removal and reattad meet of this form to another document Description of Attached Document Title or Type of Document BOND Document Date 12/8/9 9 Number of Pages 2 Signer(s)Other Than Named Above N/A Capacity(ies) Claimed by Signer(s) Signers Name D J PICARD Signer s Name ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner—❑Limited ❑General ❑ Partner—❑Limited ❑General I3d Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other Top of thmb two ❑ Other Top of Cxxnb here Signer is Representing Signer Is Representing SEABOARD SURETY COMPANY 0 1994 Nadonal Notary Association 8236 rkrtmel Ave PO Box 7184 C wwga Park.CA 91309-7184 Prod No 5907 rtoorder Cal Tog Free 1-800-076-M7 'fie-RIB POWER OF ATTORNEY • Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters Inc St.Paul Mercury Insurance Company Power of Attorney No 20866 Certificate No 3 0 / KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York and that St Paul Fire and Manne Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the Companies ) and that the Companies do hereby make constitute and appoint Todd M Rohm,D J Picard Beata A Sensi and Cathy S Kennedy of the City of Orange State California their true and lawful Attomey(s)in Fact each in their separate capacity if more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bonds undertakings contracts and other wntten instruments in the nature thereof on behalf of the Com antes m their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakingssreZ..edor�nwtted-�innaan;y actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this mstrument.Igbe signed�is Tr6 j� day of August 1999 SN Z��N �j Seaboard Surety Company j V - V- kited States Fidelity and Guaranty Company St Paul Fire and Marine Insurance ComRany ) Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Company��V b �o Fidelity and Guaranty Insurance Underwriters Inc St Paul Mercury Insurance CoiQain� surEry p s _a3tY,iyp SEAL%o 3 S87[L `n t8 1977 1951 MICHAEL B KEEGAN Vice President 7 {�Y war State of Maryland City of Baltimore MICHAEL R MCKIBBEN Assistant Secretary On this 16th day of August 1999 before me the undersigned officer personally appeared Michael B Keegan and Michael R McKibben who acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that they as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers In Witness Whereof I hereunto set my hand and official seal �0`` ny 0 e NOTE My Comnussion expires the 13th day of July 2002 > PUeVc REBECCA EASLEY ONOKALA Notary Public 9E CTi 86203 Ed 5 99 Printed in U S A EALCUTED IN DUPLICATE • BOND NO 392484 PREMIUM PREMIUM CHARGED IS INCLUDED LABOR AND MATERIAL BOND IN PERFORMANCE BOND WHEREAS the City Council of the City of Huntington Beach State of California and WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY (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 15472 is hereby referred to and made a part hereof and WHEREAS under the terms of said agreement, principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now therefore said principal and the undersigned as corporate surety are held firmly bound unto the City of Huntington Beach and all contractors subcontractors laborers materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of ONE HUNDRED FORTY THOUSAND THREE HUNDRED FIFTY--- dollars ($ 140,350 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 itshall 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 7 0?f 1 � � 8090 11y C tnrTld'�L' affect its obligation on this bo0and it does hereby waive notice of anly suceange extension alteration or addition In witness whereof this instrument has been fully executed by the principal and surety above named on DECEMBER 8 19 99 WL HOMES LL , A DELAWARE LIMITep LIABILITY as Principal COMPANY )4 By ' By �1) I Z��j SEABOARD SUR Y CO Y as Surety By D J PICARLT Atto ney-in-Fact By STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON /V� ��' �� 1�/�, BEFORE ME ��'� A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY PEA ED 64D l«c_ PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY H D SIGNATURE �' < ` l" �/� ! MY PR,I�I}?AL PLACE OF BUSINESS IS NOTARY PUBLIC IN D FOR SAID STATE IN O`/ �C�� - � COUNTY (NAME PRINTED) +� COS ACIR O XPIRES STATE OF CALIFORNIA ) NOTARY PIIBUC CAUFORMA 5S ORANGE COUNTY COUNTY OF ORANGE T F 23 2000 1 ) 1 ���� -���- ON BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 a t 2 9090 .Pax rli-a JAL-L- t'uKNUSt ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 12/8/99 before me BEATA A SENSI, NOTARY PUBLIC Dab Name and Tab d Officer(e q Jana Doe Ndary PV4&cj personally appeared D J PICARD Names)Of sgne((s) ®personally known to me—OR—❑ to be the person(§) whose name(4 L,;=subscribed to the within instrument and acknowledged to me that he/KlMn executed the same in h(s/MrJ4t4Uauthorized capacity(U) and that by 11,3T311 �) his/her/their signature(4 on the instrument the personQ§) s {� oor, Caur or the entity upon behalf of which the person(K) acted 4 N►�Ot�CREcoU � 1 executed the instrument r My Com W API 14 2°° WITNESS my hand and official seal S19w ore of Notary PUW OPTIONAL Though the intommhon below is not required by taw it may prove valuable to persons relyrrg on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document BOND Document Date 12/8/9 9 Number of Pages 2 Signer(s)Other Than Named Above N/A Capacity(ies) Claimed by Signer(s) Signer s Name D J PICARD Signer's Name ❑ individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other Top o(txxnb We ❑ Other Top of itxumb here Signer Is Representing Signer Is Representing SEABOARD SURETY COMPANY O 1M Natlonal Notary AssodaUon E236 RenvrvAAve PO 13ox 71f14 Curoga Padr CA91309-7194 Prod No 5907 Reorder Cal Tod Free 140 -M-6W7 Theo'Pd POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Companv Fidelity and Guaranty Insurance Underwnters Inc St Paul Mercury Insurance Company Power of Attorney No 20866 Certificate No KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York and that St Paul Fire and Manne Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the Companies ) and that the Companies do hereby make constitute and appoint Todd M Rohm D J Picard Beata A Sensi and Cathy S Kennedy of the City of Orange State California their true and lawful Attorney(s) in Fact each in their separate capacity if more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executino or guaranteeing bonds and undertakings required or pgrmirted inane y actions or proceedings allowed by law IN WITNESS WHEREOF the Companies have caused this instrument to b s gne`d this U 16th day of August 1999 � a Seaboard Surety Company y United States Fidelity and Guaranty Company St Paul Fire and Marine Insurance ompany -r 4 Fidelity and Guaranty Insurance Company St Paul Guardian Insurarici ompany�,� �� �L Fidelity and Guaranty Insurance Underwriters Inc St Paul Mercury Insurance Company y g f ti� �StPfrY y9 Sy 51 MICHAEL B KEEGAN Vice President SEAL cSi-1- AN State of Maryland City of Baltimore MICHAEL R MCKIBBEN Assistant Secretary On this 16th day of August 1999 before me the undersibned officer personally appeared Michael B Keegan and Michael R McKibben who acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that they as such being authorized so to do executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themsehes as duly authorized officers In Witness Whereof I hereunto set my hand and official seal e�m r,q My Commission expires the 13th day of July 2002 y P�eUC 6.p9Ee-"JO REBECCA EASLEY ONOKALA Notary Publ c Q 6203 Ed 5 99 Printed in U S A EXECUTED IN DUPLICATE Be NO 392485 PREMIUM $100 00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY as Subdivider of Tract No 15472 in the City of Huntington Beach County of Orange State of California has submitted to said City a Final Map of said tract containing an engineers or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate That said WL HOMES LLC, A DELAWARE LIMITED LIABILITY COMPANY (Subdivider) as principal and SEABOARD SURETY COMPANY as surety hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract as are not already set prior to the recording of said Final Map in accordance with said map and said certificate up to but not in excess of the sum of $ 15,000 00----**in which sum we are held and firmly bound to the City of Huntington Beach all in accordance with and subject to the terms conditions and provisions of Article 9 Chapter 4 of the Government Code of the State of California **FIFTEEN THOUSAND---------------------- IN WITNESS WHEREOF we have executed this instrument this 8TH day of DECEMBER 19 99 WL HOMES LLC A DELAWARE LIMJIT4 LIABILITY COMPIA'Principal By By SEABOARD SU Y COM Y as Surety By D J C , AttL=V ey By C, To r J ^ i V 1 for is 809201 ... %...TAtIFA Eae✓1` NU11k-U5t At—KNUWLEDGMENT State of CALIFORNIA County of ORANGE On 12/8/99 before me BEATA A SENSI, NOTARY PUBLIC Dale Name and Tole of Officer(e g Jane Doe Notary Ptkkl personally appeared D J PICARD Name(s)of srpr>erts) ®personally known to me—OR—❑ to be the person(K) whose name(p iskUsubscnbed to the within Instrument and acknowledged to me that heAff=XYj executed the „o SEs�st same In h(s/IX MU authorized capac(ty(M),and that by 6 A AA his/herAheir signature(4 on the instrument the person(it) c0Naea >f»a A f ��a � T.NpTA�Y RU81�' C or the entity upon behalf of which the personffl acted onWEcou TY executed the instrument WITNESS my hand and official seal J Vgnakwe of Nobly P&Ac OPTIONAL Though file inforrrlatron below is not required by law !<may prove valuable to persons relying on Cie document and could prevent fraudulent removal and reattaclunent of Mis form to anoCler document Description of Attached Document Title or Type of Document BOND Document Date 12/8/9 9 Number of Pages 1 Signer(s)Other Than Named Above N/A Capacity(ies) Claimed by Signer(s) Signer's Name D J PICARD Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s) Title(s) ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other Top of tonb nee ❑ Other Top of ax>mb here Signer Is Representing Signer Is Representing SEABOARD SURETY COMPANY 0 1994 Nalonal Notary Assoclalbn 6236 R nwnet Ave P 0 Box 7184 Canoga Park,CA 91300-7164 Prod No 5907 Reorder Cal Toll Free 1-800-076-W7 • 1 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT r- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -y I� State of California ss County of � fdF�'me I Date � a n o cer(e Jane Doe Notary R�bl c) ('S personally appeared /! 12U 1 Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory �? ( evidence ( to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their ————————————————————- signature(s) on the instrument the person(s) or i ANGELA ROSS the entity upon behalf of which the person(s) COMM #1088780 �._ NOTARypuSUC CAUFORNIA acted executed the instrument DMF eb`'O1n�ar MY E'�p' 29 2000 i WITN SS my hand and official seal \ —— �t ————- Place Notary Seal Abo a S gnature of Notary Public I OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document ! I Title or Type of Document I Document Date Number of Pages Signer(s) Other Than Named Above 11 I ( Capacity(ies) Claimed by Signer ( Signers Name ��2I ( ❑ Individual ;S I Top of thumb here i ElCorporate Officer—Title(s) ( ❑ Partner—i ll Limited ❑ General ( ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other ( I Signer Is Representing , I 1 I 0 1997 Nat onal Notary Assoc at on 9350 De Soto A e P 0 Box 2402 Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f c� State of California ss County of �� I I On /u" �/ Date / N e and Ttle of Ott cer(e g�Jaanne D�,�Notary P bl c) personally appeared Name(s)of Signe(s) I kpersonally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed ( the same in his/her/their authorized i capacity(ies) and that by his/her/their --------------------- ANGELA ROSS i signature(s) on the instrument the person(s) or COMM #1088780 the entity upon behalf of which the person(s) -e.— acted executed the instrument ( NOTARY PUBLIC CALIFORNIA I ORANGE COUNTY i i Mkt CommissionE?VT February23 2000 WIT, SS my hand and official sea � Place Notary Seal Abo e � S gnatu a of Notary Publ c I I I OPTIONAL Though the information below Is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document �I Description of Attached Document I Title or Type of Documents f I Document Date Number of Pages `5 Signer(s) Other Than Named Above I I Capacity(ies) Claimed by Signer I Signers Name ❑ Individual ( Top of thumb here I�) i ElCorporate Officer—Title(s) I ❑ Partner—❑ Limited ❑ General I ( ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other �? I I I Signer Is Representing I I f I 0 1997 National Notary Assoc alion 9350 De Soto A e PO Box 2402 Chatsworth CA 91313 2402 Prod No 5907 Reorde Call Toll Free 1 800 876 6827 The Fta POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters Inc St Paul Mercury Insurance Company Power of Attorney No 20866 Certificate No 1 _ KNOW ALL MEN BY THESE PRESENTS That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York and that St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and that Fidelity and Guaranty Insurance Compan} is a corporation duly organized under the laws of the State of Iowa and that Fidelity and Guaranty Insurance Underwriters Inc is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the Companies ) and that the Companies do hereby make constitute and appoint Todd M Rohm, D J Picard Beata A Sensi and Cathy S Kennedy of the City of Orange State California their true and lawful Attorney(s)in Fact each in their separate capacity if more than one is named above to sign its name as surety to and to execute seal and acknowledge any and all bonds undertakings contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings regaued or perrtutted in any actions or proceedings allowed by law y r IN WITNESS WHEREOF the Companies have caused this instrument to be signed this 161 day of AU Ust 1999 Seaboard Surety Company �� Uiuted States Fidelity and Guaranty Company St Paul Fire and Marine Insurance Company t ¢�� ' Fidelity and Guaranty Insurance Company „ l' St.Paul Guardian Insurance Company�. ' is Fidelity and Guaranty Insurance Underwriters Inc St Paul Nlercur7 Insuranc ompany SEAL Z' SBEL t�Ogg°� `�➢'� 1977 � MICHAEL B KEEGAN ice President Nr + ® U r Oti 1951 State of Maryland C City of Baltimore MICHAEL R MCKIBBEN Assistant Secretary On this 16th day of August 1999 before me the undersigned officer personally appeared Michael B Keegan and Michael R McKibben who acknowledged themselves to be the Vice President and Assistant Secretary respectively of Seaboard Surety Company St Paul Fire and Manne Insurance Company St Paul Guardian Insurance Company St Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company and Fidelity and Guaranty Insurance Underwriters Inc and that they as such being authorized so to do executed the foregoine instrument for the purposes therein contained by sinning the names of the corporations by themselves as duly authorized officers � S(F� i r In Witness Whereof I hereunto set my hand and official seal 4�pEA V-1AA&QUO Np �yo TARP My Commission expires the 13th day of July 200'i 9 PUBVC p9f CZ��O REBECCA EASLEY ONOKALA Notary Public 86203 Ed 5 99 Printed in U S A • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I <� State of California ss County of I (� On YL r K' %Wre me l<C1 Date / /Name an Ile of Oft cer(e g Jane Doe Notary Public) personally appeared l ftiGC,C'L C�Z G-�,c' lir✓��d�1-- S Name(s)of Signer(s) 'personally known to me ❑ proved to me on the basis of satisfactory evidence � to be the person(s) whose name(s) is/are , I subscribed to the within instrument and �I acknowledged to me that he/she/they executed the same in his/her/their authorized �5 ---- — capacity(ies) and that by his/her/their -------------- i ANGELA ROSS i signature(s) on the instrument the person(s) or COMM #1088780 the entity upon behalf of which the person(s) 2 NOTARYPUBUC CALIFM" b acted executed the instrument ORANGE COUNTY i kly Comrnisson Expires Fetxuar�r 23 2000 1 WITNESS y hand and official seal Place Notary Seal Abo e s gnature of Notary Pubic 1 OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document I t fDocument Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer s Name ❑ Individual 1 Top of thumb here I ❑ Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other C? ( 1 I Signer Is Representing ) 0 1997 National Notary Assoc ation 9350 De Soto Ave PC Bo 2402 Chatsworth CA 91313 2402 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 • w CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of �'_ Ilya I I I On ' Y ,/l0�ore me Date Name T tle of Officer(e g Jane D otary Publ c) personally appeared Name(s)of Signer(s) LEI Dpersonally known to me proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their --------------^ ------ signature(s) on the instrument the person(s) or i ANGELA ROSS i the entity upon behalf of which the person(s) cj CIS COMM #1088780 acted executed the instrument NOTARY PUBLIC CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal i lut�l COinmiss+on tTres Feb�;3 2M I Place Notary Seal Above S gnature of Notary Pub[c Y� R3 OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document i I Document Date Number of Pages I I ( Signer(s) Other Than Named Above I ( I Capacity(ies) Claimed by Signer Signer s Name ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s) ( ❑ Partner—D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i ❑ Other I i Signer Is Representing [ I xi 0 1997 National Notary Assoc at on 9350 De Soto Ave P 0 Box 2402 Chatsv orth CA 91313 2402 Prod No 5907 Reorder Call Toli Free 1 B00 876 6827