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Final Tract Map No 15795 Subdivision Agreement - The Boardwa
V,:kO60 City of Huntington Beach ��-- P O BOX 711 CALIFORNIA 92648 TELEPHONE 714 536 5200 FAx 714 374 1603 SHARI L FREIDENRICH CITY TREASURER May 11 2004 CERTIFIED MAIL American Motorists Insurance Company 2730 Gateway Oaks Dr Ste 100 Sacramento, CA 95833 To Whom it May Concern This is to inform you the City Council of the City of Huntington Beach on February 17 2004 approved the release of the following bond(s) Tract# 15795 Faithful Performance and Labor & Material Bond No 3SM98750900 Monument Bond No 3SM98751000 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 PLC Land Company 19 Coroporate Plaza Dr Newport Beach CA 92660 Tern Elliott Principal Civil Engineer(no attachments) -eiz Ehring Assistant City Clerk (no attachments) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasu er FROM: DATE: r SUBJECT: Bond Acceptance 1 have received the bonds for Ttta f VJuJ/� �/ (Company 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. (Co nctl Approval D te) City Clerk Vault No. #27 g:/followup/bondletter ioc • 0 n Recorded in Official Records County of Orange Recording requested by Tom Daly Clerk Recorder and when recorded ietuin to IIIIIIIIIIIIiliiliillliiliiiillillllllllllllllllllllllllllllllllllllNO FEE Connie Brockway City Clerk 213 109 A 40040001636141135am 03/02/04 Office of the City Clerk CITY OF HUNTINGTON BEACH 100 0 00 0 00 0 00 0 00 0 00 0 00 0 00 P 0 Box 190—2000 Main Street Huntington Beach Ca 92648 F� / (Space above this line for Recorder s use only) 4 - w S ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on January 27, 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 15795 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk s Onginal Document Reflecting City Council Action Taken at February 17 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest 4Eb&c� 0910 20 b City Clerk and Ex ifficio Cle k o he City Council Of the City of Huntington Beach California By Deputy =-- ThisT1N BEACH �« s3 VW�W by City Engineer Huriftion �(e�a,,c�h�.`as�� under rNnt Code Sec,8103 and should be recorded free of ohsrpe c a - �-7 G\Engineering DivisionOOGARTOonds\Tract 15795 acceptance form doc C/13 I s. i3CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 20 2004 PLC Land Company 19 Corporate Plaza Drive Newport Beach CA 92660 Re Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No 15795 - [Acceptance of Public Improvements] Please be advised that on Tuesday February 17 2004 the City Council of the City of Huntington Beach took the following action E 12 (City Council) Approved the Release of Securities for Tract No 15795 Located on S/W Corner of Palm Avenue and Goldenwest Street—Approved the Notice of Acceptance of Public Improvements (Developer, PLC)- 1 Accepted the improvements constructed and dedicated for public use with Tract No 15795 and 2 Accepted the Guarantee and Warranty Bond No 3SM987509-A 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 3SM98750900 and Monument Bond No 3SM98751000 pursuant to California Government Code Section No 66499 7(b) and 4 Instructed the City Clerk to notify the developer PLC of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action and 5 Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Submitted by the Public Works Director Funding Source Not Applicable Sincerely Connie Brockway AC City Clerk cc City Treasurer CB pe Attachment g/followup/tract/acceptpublicimp notice doc procedure#22 (Telephone 714 536 5227) 's 6 — P`j CITY OF HUNTINGTON BEAN SZrZa\) X-H` MEETING DATE February 17, 2004 DEPARTMENT ID NUMBER PW 04-012 Council/Agency Meeting Held ,,2 —/ 7-a00 Deferred/Continued to Approved ❑ Conditionally Approved ❑ Denied bePL _7y Clty, erk lgnatu Council Meeting Date February 17 2004 Department ID Number PW 0,4 01-2 c CITY OF HUNTINGTON BEACH �= REQUEST FOR ACTION1:72-'- , w rx'CD 1- C1 SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS r- SUBMITTED BY RAY SILVER City Administrator y PREPARED BY ROBERT F BEARDSLEY Director of Public Work SUBJECT APPROVE THE RELEASE OF SECURITIES FOR TRACT NO 15795 AND ACCEPT THE PUBLIC IMPROVEMENTS [statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue PLC the developer of Tract No 15795 (located on the southwest corner of Palm Avenue and Goldenwest Street) has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act Funding Source Not applicable Recommended Action Motion to 1 Accept the improvements constructed and dedicated for public use with Tract No 15795 and 2 Accept Guarantee and Warranty Bond No 3SM987509-A the security furnished for guarantee and warrantee 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 3SM98750900 and Monument Bond No 3SM98751000 pursuant to California Government Code Section No 66499 7(b) and 4 Instruct the City Clerk to notify the developer PLC of this action and the City Treasurer to notify the Surety American Motorists Insurance Company of this action and EAp— 04 012 February 17 Bogart(Tr 15795 Bond Release) 1/26/2004 5 34 PM • REQUEST FOR ACTION • MEETING DATE February 17, 2004 DEPARTMENT ID NUMBER PW 04-012 5 Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder Alternative Action(s) Deny the recommended action This action may violate the Subdivision Map Act Analysis On March 19 2001 the City Council approved Final Map No 15795 and accepted bonds from PLC Land Company the securities furnished for faithful performance labor and material and monuments The developer PLC Land Company has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance labor and material and monument bonds pursuant to California Government Code Section 66499 79(a) Public improvements constructed consist of the domestic water system and appurtenances within the private streets The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements The developer has provided Guarantee and Warranty Bond No 3SM987509-A as security for the one-year warranty period Following is a list of project data Developer PLC Land Company 19 Corporate Plaza Drive Newport Beach CA 92660 Engineer Walden and Associates 18012 Cowan Suite 210 Irvine CA 92614 Location Southwest corner of Palm Avenue and Goldenwest Street Zone Palm/Goldenwest Specific Plan No of Acres 599 No of Lots 191 numbered and 24 lettered Environmental Status This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act pursuant to State CEQA Guidelines California Administrative Code, Title 14, Chapter 3, Section 15268(b) Attachment(s) City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No 3SM987509 A 3 Acceptance of Public Improvement Form RCA Author S Bogart jg 04 012 February 17 Bogart(Tr 15795 Bond Release) 6 1/28/2004 10 07 AM ATTACHMENT # 1 1 l TRACT 15795 F W L- Sl I tsi ; i � Doti 1 I I t i ! ocatLi on Map ATTACHMENT #2 RECEIVED BY CITY CLERK RECEIPT COPY �- i— Return DUPLICATE to — %& � 1056 t A-n City CIPrk s Office (Name)' after signing/dating (Date) :ji'm CITY OF HUNTINGTON BEACH OLJ INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurer FROM � �T_ 5� � -21d L ff,) - DATE — U SUBJECT Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No r Maintenance Bond No Re Tract No / CC No k MSC No Approved )P, Agenda Item No (Co nc I Appr val D te) City Clerk Vault No #27 g/followup/bondletter-dnc • • BODID N>a 3 9 8 7 5 09—A PREMIUM u e in Perf bond GUARANTEE AND WARRANTY BOND Wp{E�gg PLC , a California General Partnership gs aPrindpal end American Motorists Insurance Company .8 corporation organized under the laws of the Stab of Illinois and duly suihoroad to do buainess in the State of Cblltb mho as Surely am held and firmly bomw unb the CO of HuntingtonSaackCaldomra asobitges,inthepenal gum of Three Hundred Fifty Thousand and NO/100ths ($350,000 00) representing 10 percent of the contradpdce entered Into between the Pm co and Obligee to which payment well and truly to be made we dO bird tees and each of our heti5 exerrutors,adrtr mtratDrs succmsm and aasrgns Jetrrlly artd 77 WHEREAS the said pnnapal aroma into a contract wfth said Obligee,dated 3/19/O 1 for work described as fotio*s TR #15795 WHEREAS said contract provldu that the Pmapal wid furnish a bond cond(tf nOft guarantee and warrant for fte period of orte year after oomplehon of the work and acceptance#wgwf by the Obligee aga nst aA defecis in worianan 1p and materials dunN said one year peno& WHEREAS,sold work has been mm*M and accepied by Obligee on NOW THEREFORE,the Pdnapaf acid Surety prrttiy and severalty shag Mdr3rnrsty to Obligee for all kss th at the Obligee may sustain by reason of any defedve materials or wow which beoome apparent during the period of one y---s from and after date of aumplehon of work a$i acceptance thereof by Obligee In wl(nass vftreof this hhsbumant has been duty omcuted by the pmc4) l artd am* above named on August 5 �03 PLC, a California General Partnership as Principal By By ��- APPROVED AS TO FORM JENNIFER McGRATH CityAttorniy Cara Sutton �Ltv C,ty Attorne 1 American Motorists Insurance Company as Surety By � ]OtAAN- Victoria M Campbell By Attorney—in—Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON `LC�-tk,) 7 -'c,3 ,BEFORE ME Roberta M Kom A NOTARY PUBLIC IN AND FOR SAID STATE FERSONALLY APPEARED Ca-lnl O'Bannon AND Chnstapher C GIbbS PERSONALLY KNOWN TO ME( TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO T-+E WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECU T 0 THE SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURE&ON TF'E INSTRUMENT THE nERSONS OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED EXECUTED THE INSTRUMENT WITNESS SIGNATURE MY PRI PAL PLACE OF BUSINESS IS NOTARY PU LIC IN AND FOR SAID STATE IN COUNTY Roberta M Kam (NAME PRINTED) MY COMMISSION EXPIRES IL 1/c OFFICIAL SEAL STATE OF CALIFORNIA ) ROBERTA M KERN SS NOTARY PUBLIC CALIFORIOA COUNTY OF ORANGE ) ORANGE COUNTY ` a My Commission Exp Dec 6,9004 ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE OERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE EASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAVIES ARE SUBSCRIBED TOT,HE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED cD THE SAME N THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PE=cSONS 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 gear 2 • STATE OF Califorrnra SS COUNTY OF Orange On August 5, 2003 before me Janina Monroe, Notary Public PERSON 4LLY APPE kRED Victoria M Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(5) whose nameks) is/are subscribed to the within instrument and acknov�1 edged to me that he/she/they executed the same in his/ her/their authorized capacity(tes) and that by his/her/ then signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed - ? the instrument WITNESS my hand and official seal Stgna This arm for Official Notana Seal OPTIONAL Though the data below Is not required by law it man prove valuabl-to persons relying on the document and could pre,ent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENrlrf(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID 081 Re 6/94 ALL-PURPOSE ACKNOWLEDGEv1ENT POWER OF ATTORNEY Know All Men By These Presents That the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Illinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company ) do hereby appoint Mark Zwickel Maria A Quiroz Keith W Newell Victoria M Campbell Thomas G McCall and Janina Monroe of LOS ANGELES CA (EACH) their true and lawful agent(s) and Attorney(s) in Fact to make execute seal and deliver from the date of issuance of this power for and on its behalf as surety and as their act and deed Any and all bonds and undertakings EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove Illinois This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect VOTED That the Chairman of the Board the President or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attorneys in fact and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 VOTED That the signature of the Chairman of the Board the President any Vice President or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company FK 09 75 (Ed 09 01) Page 1 of 2 Pnnted in U S A ATTACHMENT #3 0 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 20 2004 Tom Daly County Clerk-Recorder P O Box 238 Santa Ana CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No 15795 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 ,:W4 0,W�ay_ Connie Brockway ANTIC City Clerk CM pe Enclosures Tract No 15795—PLC Southwest Corner of Palm Ave and Goidenwest St g/followup/tract/acceptpubliamp recorder doc procedure#23 (Telephone 714-536 5227) Recording requested by and when recorded return to Connie Brockway City Clerk Office Qf the City Clerk CITY OF HUNTINGTON BEACH P O Box 190—2000 Main Street Huntington Beach Ca 92648 (Space above this lme for Recorder s use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255 22) PLEASE TAKE NOTICE THAT on January 27, 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 15795 Public improvements constructed consist of the domestic water system and appurtenances The Foregoing instrument is the City Clerk z,Onginal Document Reflecting City Council Action Taken at February 17 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder Attest � ku,q/u� 010„ 200 o"m iBRWKWAY City Clerk and Er officio Clerk o he City Council.01the City of Huntington Beach California By Deputy f CITY OF i IN BEACH bra"Of A w Hw W by City Engineer 5"d as oontWnplsted under Gor+mn»nt Code Sec.6103 and should b s reowded*"&dMMW G\Engineering Division\BOGART\Bonds\Tract 15795 acceptance form doc • • RCA ROUTING SHEET INITIATING DEPARTMENT Public Works SUBJECT Approve the Release of Securities for Tract No 15795 and Accept the Public Improvements COUNCIL MEETING DATE February 17, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (SIgned in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget over $5 000) Not Applicable Bonds (If applicable) 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 FOR RDED Administrative Staff Assistant City Administrator Initial City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author S Bogart r RECEIVED BY CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey liugliws(ettt 5260) (Name) after signing/dating 3 �2U (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurer ATTN Jim Slobo an Deputy City Treasurer jzr ��•�1 FROM ll��►'i I DATE 2-6—,A 11 ,SUBJECT Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No 3 St"\ N7 509 00 Labor and Material Bond No 3 SM 997 50100 Monument Bond No 5 %-7 510 0,) Maintenance Bond No Re Tract No S719 CC No MSC No Approved 43-�9-0 1 Agenda Item No — (Council Approval Date) �� City Clerk Vault No 0 POA�n WALj< P g/lah/bondletter doc �( (AND rjo,'- wApj�jo4( w • • Ffl CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 26 2001 First American Title Company 2 First American Way Santa Ana CA 92707 714 800 3000 Attention David Noble Title Officer Re Final Tract Map No 15795 - Order No 9933594 This is to inform you that all fees have been paid and conditions met on the above named tract You are free to record same at your convenience After recording please return two prints of the Tract Map to Terri Elliott Department of Public Works P O Box 190 2000 Main Street Huntington Beach CA 92648 Sincerely e�� s fe� Connie Brockway CMC City Clerk CB jh Enclosure Received by 5 0, Dated g/foilowupttractttractmap2001 doc (Telephone 714536 5227) ATY OF HUNTINGTA; BEACH INTERDEPARTMENTAL COMMUNICATION TO Jeffrey Hughes Deputy City Clerk FROM Bruce P Crosby Civil Engineer Assistant SUBJECT Tract No 15795 (Authorization to Record) DATE March 20 2001 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 2 First American Way Santa Ana CA 92707 TITLE OFFICER David Noble ORDER NO 9933594 PHONE NO 714-800-3000 LOCATION SWC Palm & Goldenwest ADDRESS 20031 Goldenwest Street l� Bruce P Crosby G/Eng/Crosby/Tr 15795 to CC • • 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 ►s�� 5 C p�N ���N w��t-� PARCEL MAP NO 605 PARK ANTI) RECREATION FEES PAID B YES O 6 r� ❑lop p 11�izo� OTHER -pu��^ for te s Hoard Zelefskv Planiung Director 5 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE March 26, 2001 TO PLC Land Company ATTENTION Name 19 Corporate Plaza Drive DEPARTMENT Street Newport Beach, CA 92660 REGARDING Subdivision Agreement City State Zip re Tract No 15795 See Attached Action Agenda Item E-9 Date of Approval 3-19-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item Remarks Connie Brock«ay City Clerk Attachments Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC H Zelefsky Planning x x x bonds Name Department RCA Agreement Insurance Other R Ramos Planning x x x bonds Name Department RCA A-reement Insurance Other M B Broeren Planning x x x bonds Name Department RCA Agreement Insurance Other SA -TAK Name Department RCA Agreement Insurance Other C Mendoza x x x Risk Management Dept Insurance (Telephone 714 536 5227) ri ftITY OF HUNTINGTON BEAR OJ 13_ W �wNN�N MEETING DATE March 19, 2001 DEPARTMENT N BER -13� Council/Agency Meeting Held 0-3" tj —0) Deferred/Continued to A roved ❑ Conditionally Approved ❑ Denied Cler Signature Council Meeting Date March 19 2001 Department ID Number PL01-13 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS a SUBMITTED BY RAY SILVER City Administratorovwp PREPARED BY HOWARD ZELEFSKY Director of Planning SUBJECT APPROVE FINAL TRACT MAP NO 15795 OF TENTATIVE TRACT MAP NO 15795 WITH BONDS AND AGREEMENTS (THE BOARDWALK) Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Final Tract Map No 15795 located at the southwest corner of Palm and Goldenwest is being submitted for City Council approval Funding Source Not applicable Recommended Action Motion to 1 Approve Final Tract Map No 15795 and accept the offer of dedication improvements and bonds pursuant to findings and requirements (ATTACHMENT NO 1) and 2 Approve the Subdivision Agreement between the City and PLC and authorize execution by the Mayor and City Clerk PL01 13 2 02/28/01 8 24 AM • REQUEST FOR ACTION • MEETING DATE March 19, 2001 DEPARTMENT ID NUMBER PL01-13 Alternative Action(s) The City Council may make the following alternative motion "Deny Final Tract Map No 15795 and reject the offer of dedication improvements and bonds Analysis A PROJECT PROPOSAL SUBDIVIDER PLC Land Company 19 Corporate Plaza Drive Newport Beach CA 92660 ENGINEER Walden and Associates 18012 Cowan Suite 210 Irvine CA 92614 LOCATION Southwest corner of Palm and Goldenwest ZONE Palm/Goldenwest Specific Plan GENERAL PLAN MH-F2/30(AVG 15)-sp (Mixed Use Horizontal — Specific Plan Overlay) NO OF ACRES 59 9 acres NO OF NUMBERED LOTS 191 NO OF LETTERED LOTS 24 NO OF UNITS 188 detached single family residential units DATE OF COMPLETE APPLICATION March 7 2001 MANDATORY PROCESSING DATE April 2 2001 DISCUSSION On November 28 2000 the Planning Commission approved Tentative Tract Map No 15795 to subdivide 59 9 acres into 188 single-family residential lots a 3 5 acre public neighborhood park and a six acre future multi-family residential site together with 24 lettered lots Final Tract Map No 15795 represents the only phase of the single-family residential subdivision PL01 13 3 02/28/01 8 24 AM • REQUEST FOR ACTION MEETING DATE March 19, 2001 DEPARTMENT ID NUMBER PL01-13 The subdivider has satisfied the park and recreation requirement of 4 1 acres for the entire Specific Plan area based on an ultimate development of 255 units (188 single family and 67 multi-family) through the dedication of 3 505 acres of public neighborhood park and an equivalent of 0 595 acres of park improvements The applicant will meet the 19 unit affordable housing requirement for this project by constructing affordable apartments at the northwest corner of Main and Clay The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with amended and approved by the Planning Commission Environmental Status This action to accept Final Tract Map No 15795 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b) Attachment(s) City Clerk's P2ge Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Area Map 3 Tentative Tract Map No 15795 with site plan 4 Tentative Tract Map No 15795 Findings and Conditions of Approval 5 Subdivision Agreement 6 1 Bonds (Monument Labor and Materials Faithful Performance) RCA Author Ricky Ramos/Mary Beth Broeren PL01 13 4 02/28/01 8 24 AM »ot ^ - r; » xrjT © » *_ ` _ v , , m , -m INL L aAT ` ^ ` � � ATTACHMENT NO 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Man 1 Final Tract Map No 15795 is in conformance with the California Subdivision Map Act the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No 15795 conditions of approval as approved by the Planning Commission Requirements 1 Offer of dedication and improvements are subject to completion of requirements shown on the tentative map 2 The City Clerk is hereby instructed to file bonds with the City Treasurer a Faithful Performance Bond No 3SM-987-509 00 as presented in Attachment No 6 b Labor and Material Bond No 3SM-987 509 00 as presented in Attachment No 6 c Monument Bond No 3SM-987 510-00 as presented in Attachment No 6 3 Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map ',a_ A deposit of fees for water, sewer drainage engineering, and inspections shall be provided, '-b. A Certificate of Insurance shall be submitted, `c, Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map d, An approved Subdivision Agreement shall be submitted (Attachment No 5), -e Payment of Park and Recreation In-Lieu Fees T � ` ® C ` � N- HM > ® , �� z y II PROJECT SITE MULAW t a so t n � t � P • � • *us as i�bssssss z� ►+�•^ Ilil VICINITY YAP TENTATIVE TRACT MAP NO 15795/COASTAL DEVELOPMENT PERMIT NO 00-01/CONDITIONAL USE PERMIT NO 00-68 THE CITY OF HUNTINGTON BEACH CH< a ��r : w ENT •'llpl � � �� �• I�i1•��la�; C ...rl,�,, ; r'�.�� ��'""•,^'�'' 1' ,ktip.� r, y�t•4���I 7Ciii1 t_ ''tonal .WK ' - - - � `��• , \•`� /������, -�/,��������Mi•Tf�``.l�lif���I�Fse��.�I I� �II�!�ill� I �f'nl� III ,, u.O �''/ ,� ./���/,� �'•� ^�sy+�O}//�JI ��� +nu� {AV r i 1. �'+� ' r � / �� :,�. .r1: ��in rR"ir�{,LII'�'��� L�•,I^. ! � ,� � IuwiY :��. 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� m , , - ,ATTACHME ` © ` + �! °f City of Huntington Beach i 2000 MAIN STREET CALIFORNIA92648 DEPARTMENT OF PLANNING Phone 5365271 Fax 3741540 374-1648 NOTICE OF ACTION November 30 2000 PLC Land Company c/o Bill Holman 19 Corporate Plaza Drive Newport Beach, CA 92660 SUBJECT TENTATIVE TRACT MAP NO 15795 / COASTAL DEVELOPMENT PERMIT NO 00-1 / CONDITIONAL USE PERMIT NO 00-68 (THE BOARDWALK) APPLICANT PLC Land Company, c/o Bill Holman 19 Corporate Plaza Drive, Newport Beach, CA 92660 L T REQUEST TTM To permit the subdivision of 59 9 acres into 189 single-family residential lots, a 3 5 acre public neighborhood park, a 6 0 acre future multi-family site and lettered lots for streets and landscape and associated infrastructure CDP CDP To permit subdivision of the property and construction of 189 detached, two-story single-family homes, a 3 5 acre public neighborhood park and associated infrastructure CUP To permit 1) development on lot with greater than a three-foot grade differential between the high and low point, and 2) walls up to a maximum height of 12 feet, including retaining walls, for Goldenwest south property line main entry and interior lots and 14 foot high pilasters at main entry gates LOCATION 20031 Goldenwest (southwest corner of Palm and Goldenwest) DATE OF ACTION November 28, 2000 Your application was acted upon by the Planning Commission of the City of Huntington Beach on November 28, 2000, and your request was conditionally approved Attached to this letter are the Findings and modified Conditions of Approval (` 0 Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance the action taken by the Planning Commission becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal, it shall also be accompanied by a filing fee The appeal fee is $500 00 for a single family dwelling property owner appealing the decision on his/her own property The appeal fee is $1,490 00 for all other appeals In your case, the last day for filing an appeal and paying the filing fee is December 11, 2000 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started If there arFe any further questions please contact Mary Beth Broeren, Senior Planner at (714) 536-5550 Sincerely, Howard Zelefsky, Secretary PLANNING COMMISSION By Herb Fauland, Senior Plan er HF MBB rl Attachment G\Robm\Cond1tA00 I1128 2- ATTACHMENT NO 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 15795/ COASTAL DEVELOPMENT PERMIT NO 00-01/CONDITIONAL USE PERMIT NO 00-68 FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO 15795 1 Tentative Tract Map No 15795 for subdivision of 52 9 acres into 190 numbered lots and 24 lettered lots for future construction of 188 single family units, a 3 5 acre public neighborhood park and a 6 0 acre future multi-family site and associated mfrastructure is consistent with the General Plan Land Use Element designation of Mixed Use Horizontal on the subject property,and SP 12, or other applicable provisions of this Code 2 The site is physically suitable for the type and density of development The project site is generally flat and able to accommodate the type of development proposed from a circulation and drainage perspective The project is below the allowable density of the Specific Plan 3 The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat The site has previously been used for oil operations and does not contaip habitat for wildlife or fish Development of the site would not affect such habitat,the site is bordered by arterial streets and an existing oil operation. 4 The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of,property within the proposed subdivision unless alternative easements, for access or for use, will be provided No existing easements for the public at large will be affected by the project An easement will be provided for the residents of the single family homes through the multi-family parcel to the public park 5 The Planning Commission finds that the project will not have any significant effect on the environment based on the previously adopted Mitigated Negative Declaration No 98-8 because mitigation measures can be implemented to address potential impacts to the project's future residents from noise and air quality A traffic signal will be installed at Goldenwest and Orange to mitigate traffic impacts FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO 00-1 1 Coastal Development Permit No 00-1 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed uses and layout are consistent with the Mixed Use Horizontal designation on the property and SP 12 approved by the City and the California Coastal Commission. (SR0073)- 11/28/00 Attachment No 1 1 (0 0 2 The project is consistent with the requirements of the CZ Overlay District,the base zoning district, as well as other applicable provisions of the Municipal Code The proposed homes comply with all development standards including height and setbacks The project includes the dedication and improvement of a public neighborhood park to meet park requirements 3 At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program The project includes the construction of a traffic signal and water quality devices as required by SP 12 and approved by the California Coastal Commission The proposed units and park can be adequately accommodated by the City's infrastructure network 4 The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act The project will not impact existing public access or recreation opportunities in the coastal zone as none exist on the project site The project includes the construction of a public neighborhood park which will increase recreational opportunities 5 The Plannin Commission finds that the project will not have any significant effect on the environment based on the previously adopted Mitigated Negative Declaration No 98-8 because mitigation measures can be implemented to address potential impacts to the project's future residents from noise and air quality A traffic signal will be installed at Goldenwest and Orange to mitigate traffic impacts FINDINGS FOR APPROVAL- CONDMONAL USE PERMIT NO 00-68 1 Condrttonal Use Permit No 00-68 for the development on a lot that has a grade differential greater than three feet between the high and low point of the site and construction of walls up to a maximum of 12 feet in height, including retaining walls, along Goldenwest Street,the south property line and for interior lots and 14 foot high pilasters at the main entry gates will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood The proposed walls are adequately screened with landscaping including a 25 foot wide planter along Goldenwest Street and are necessary for compliance with mitigation measures regarding noise and air quality The site has been graded to minimize wall height while achieving proper drainage The proposed grades mirror the change in elevation of the adjacent arterial streets and are compatible with grades of existing homes 2 The conditional use permit will be compatible with surrounding uses because the walls will be adequately screened along Goldenwest or are internal to the project and will not affect surrounding uses The grades are compatible with surrounding development 3 The proposed project will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntmgton Beach Zoning and Subdivision Ordinance The walls are permitted with a conditional use permit and are generally consistent with the SP 12 Design Guidelines 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 Mixed Use Horizontal on the subject property In addition, it is consistent with the following policy of the General Plan (SR0073)- 11/28/00 Attachment No 12 0 0 Policy 9 21 Require that new residential development within existing residential neighborhoods(i a nnfill) be compatible with existing structures, including the b) use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development The proposed walls and grades are compatible with adjoining development Proposed grades along the south side of Palm Avenue are similar with those to the north. Grades along Goldenwest are slightly higher than those existing on the east side of the street but the width of Goldenwest and the 25 foot wide planter mmirni the higher grades and effective height of the wall CONDITIONS OF APPROVAL-TENTATIVE MAP NO 15795 1 The tentative map received and dated October 23, 2000 shall be the approved layout with the following modifications a. Lot No 117 shall be designated as a Common Area lettered lot b A pedestrian access easement shall be provided across the multi-family parcel for the benefit of the single family component to provide internal access from the single family homes to the public park site 2 Prior to submittal of the final map to the Public Works Department for processing and approval by the City Council,the following shall be required a. The Affordability Agreement shall be submitted to the Planning Department for review and approval The agreement shall be reviewed and approved as to form and content by the Director of Planning and City Attorney, and recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract The contents of the agreement shall include the following 1) The agreement shall provide for affordable housing off-site for a period of thirty years 2) The number of units to be affordable shall be a minimum 10 percent of the total approved units for the project 3) Affordable"for rent"units shall be restricted to families with less than the average low-income levels(less than 80% of the Orange County median) as defined by the California Department of Housing and Community Development A range of housing affordability between 50%to 80%of the Orange County median shall be incorporated in the plan for rental units 4) A detailed description of the type, size, location and phasing of the affordable units 5) If affordable units(new or rehabilitate)are off-site,they must be under the full control of the applicant, or other approved party (SR0073)- 11/28/00 Attachment No 13 (• 0 6) The affordable units shall be constructed prior to or concurrent with the primary project Final approval(occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units b At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney The CC&Rs shall reflect the common driveway access easements,maintenance of all walls and common landscape areas by the Homeowners'Association and maintenance of the filters and other water quality measures required by the California Coastal Commission. The CC&Rs shall also contain a 24-hour phone number for the Aera Energy operations to the south and provide disclosure of potential noise, odor, traffic, safety and other unpacts related to the proximity of ongoing oil operations The CC&Rs must be in recordable form prior to recordation of the map (Mitigation Measure) 3 The following conditions shall be completed prior to recordation of the final map unless otherwise stated Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act (PW) a. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map 1 An easement over the private streets for Police and Fire Department access Tpurposes 2 The water system and appurtenances as shown on the improvement plans for the tract 3 Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. 4 A two foot wide public utility easement along both sides of each private street b All vehicular access rights to Goldenwest Street and Palm Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. c Hydrology and hydraulic studies for both on-site and off-site facilities shall be submitted for Public Works review and approval d The sewer and storm drain system located within the private streets shall be private and maintained by the Homeowners Association. The sewer mains shall be sized to accommodate the diversion of low-flow surface run-off from the storm drainage system into the sanitary sewer system. e The developer shall submit water system hydraulic calculations to ensure proper water meters and main sizes If the developer elects to give the City the water demands for the tract,the City will run the model If the analyses show that the project demand (fire and domestic)cannot be met with the City's current water (SR0073)- 11/28/00 Attachment No 14 (� 0 system,the developer shall be required to upgrade the City's water system to meed the demand need of the new development, at no cost to the City f Two points of connection are required off of the existing water system in Goldenwest Street One of the water connection points shall be at the cul-de-sac on "B" Street g All public utilities and appurtenances shall be located within an easement dedicated to the City h A qualified, registered Engineer shall prepare a detailed soils analysis This analysis shall include Phase II Environmental on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, foundations, landscaping, ground water, retaining walls, pavement sections and utilities i The Public Works Department shall review and approve the design of the entry at Goldenwest Street and Orange Avenue j The main entrances shall be designed so that a standard delivery truck(SU-30) can turn around in front of the gate using a three-point turn or better k The Final map and phased maps shall be consistent with the approved Tentative Map 1 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, Subarticle 18 for the following items 1 Tie the boundary of the map into the Horizontal Control System established by the County Surveyor 2 Provide a digital-graphics file of said map to the County of Orange 3 Provide a digital-graphics file of said map to the City of Huntington Beach per the following design criteria Design Specification 1 Digital data shall be full size (1 1)and in compliance with the California coordinate system—STATEPLANE Zane 6(Lambert Conformal Conic projection),NAD 83 datum in accordance with the County of Orange Ordinance 3809 11 Digital data shall have double precision accuracy(up to fifteen significant digits) 1u Digital data shall have units in US FEET nv A separate drawing file shall be submitted for each individual street v Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names,pen color and layering conventions (SR0073)- 11/28/00 Attachment No 1 5 (• 0 vi Feature compilation shall include, but shall not be limited to Assessor's Parcel Numbers(APN), street addresses and street names with suffix File Format and Media Specification i Shall be compliance with the following file format AutoCAD (version 13 or later) drawing file DWG 11 Shall be in compliance with the following media type CD Recordable (CD-R) 650 Megabytes m. A reproducible mylar copy and print of the recorded final map shall be submitted to the Department of Public Works immediately after recordation n. All improvement securities(Faithful Performance, Labor&Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney o A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney 4 Approval of Tentative Map No 15795 shall not be effective until final certification of Local Coastal Program Amendment No 00-1 is approved by the California Coastal Commission. 5 The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herem as noted after each condition The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Comnussnon's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE MAP NO 15795 1 All applicable Public Works fees shall be paid prior to map recordation. (PR) 2 The property on the south side of Palm Avenue identified as Lot No 1 on Tentative Tract Map No 15795 located west of Lot 2 totaling approximately 3 52 net acres shall be dedicated to the City of Huntington Beach for parkland purposes pursuant to Section 254 08 H of the HBZSO The applicant shall submit to the City a Grant Deed, along with a preliminary title report, granting a fee ownership in the parkland unencumbered by any easements or covenants, both recorded and unrecorded, which restrict any and all uses by the City It shall be the applicant's responsibility as part of the dedication to obtam, record, and submit all necessary quitclaims ensuring a proper dedication. The proposed land shall also be certified clean to the City's Soil Clean-Up Standard, City Specification 431-92 by an acceptable testing firm Upon acceptance of the Grant Deed language and the submittal of a title insurance policy m an amount equal to the appraised value of the land, the City Clerk, if granted authority as part of the acceptance of the tract map by City Council, shall record the Grant Deed for the parkland dedication. (SR0073)- 11/28/00 Attachment No 16 0 0 3 Tentative Map No 15795, Coastal Development Permit No 00-1 and Conditional Use Permit No 00-68 shall become null and void unless exercised within two (2)years of the date of final approval which is November 28,2002 An extension of tune may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date 4 The applicant shall submit a check in the amount of$43 for the posting of the Notice of Determination at the County of Orange Clerk's Office The check shall be made out to the County of Orange and submitted to the Planning Department within two (2)days of the Planning Commission's action SUGGESTED CONDITIONS OF APPROVAL—COASTAL DEVELOPMENT PERMIT NO 00-1/CONDITIONAL USE PERMIT NO 00-68 1 The site plan, floor plans,and elevations received and dated October 4, 2000 shall be the conceptually approved layout with the following modifications a. Elevations shall depict colors and building materials as approved by the Design Review Board b Parking lot striping detail shall comply with Chapter 231 of the Zonmg and Subdivision Ordinance and Title 24, California Administrative Code (Code Requirement) c Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan Utility meters shall be screened from view from public nghts-of-way Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults Backflow prevention devices shall be prolubited in the front yard setback and shall be screened from view (Code Requirement) d All exterior mechanical equipment shall be screened from view on all sides Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building Equipment to be screened includes, but is not limited to,heatmg, air conditioning, refrigeration equipment, plumbing Imes, ductwork and transformers Said screening shall be architecturally compatible with the building in terms of materials and colors If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s) (Code Requirement) e 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 f If outdoor lighting is included, energy saving lamps shall be used All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations The proposed public park shall limit its nighttime lighting to (SR0073) 11/28/00 Attachment No 17 provide for safety and shall be directed to prevent spillage onto adjacent land uses (Mitigation Measure) g The driveway entrances for cul-de-sac and flag lots shall have enhanced pavement h- Lot No 117 shall be designated as a Common Area lettered lot and shall have at least one amenity L At least one pedestrian access gate shall be constructed along the east property line of the public park property for the benefit of the multi-family and single family parcels within Tentative Map No 15795 J Multiple panel door designs, windows and/or other architectural detailing shall be provided as standard or as an option(s) on all garage doors k On units that have a rear or side elevation facing the street, the architectural treatment proposed for the front of the home should be extended to those elevations facing the street 1 Side elevations for all plans shall be modified to show that the media mche will be cantilevered m. The maximum height of the accessory structures(guard house and light house) shall be 25 feet as measured by the Huntington Beach Zoning and Subdivision Ordinance T n. Plan 2 in Planning Area 1 shall be modified to reflect only four bedrooms or their equivalent, or a three-car(non-tandem) garage shall be provided o The maximum height of the dwelling units shall not exceed 30 feet plus a two foot differential between datum and top of roof p Dwelhng units on Lot Nos 12-13, 17,29, 35-48, 95-107, 116, 118-121, 144-150, 163, 188-191 shall be equipped with standard air conditioning systems (Mrtigahon Measure) q Side and rear yard walls between Lot Nos 38/39, 148/191, 160/161 and 166/167 shall be modified to comply with maximum height requirements 2 Prior to issuance of grading permits,the following shall be completed a A Grading Plan,prepared by a Registered Civil Engineer, shall be submitted for review and approval This plan shall also include erosion and silt control for wind blown and water runoff during construction and site preparation work. The plan shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications and that construction crews will shut off equipment when not in use Final grades and elevations on the Grading Plan shall not vary by more than one(1)foot from the grades and elevations on the approved Tentative Map (P'Ri) (Mitigation Measure) (SR0073)- 11/28/00 Attachment No 18 0 0 b In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer `Best Management Practices" shall be identified and incorporated into the design, and shall include items set forth in SP 12 (Palm/Goldenwest Specific Plan)and the Coastal Development Permit Pollution control facilities shall be designed to handle runoff from a 85 h percentile storm event (PW) c A Landscape and Imgation Plan,prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation service sizing (PW) d Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36- inch box tree or palm equivalent Applicant shall provide a consulting arborist report on all the existing trees Said report shall 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 any) shall be protected and how far construction/grading shall be kept from the trunk (PW) e Plans for the park shall be submitted to the Department of Public Works Park,Tree and Landscape Division and the Community Services Department for review (PW) f A remediatnon plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specification No 431-92 and the conditions of approval, including methods to minimise remediation related impacts on the surrounding properties (PW) g The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading- related concerns This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities,truck routes, construction hours,noise, etc Signs shall include the applicant's contact number, City contact [Public Works Construction Manager(714) 536-5517] regarding grading and construction activities, and"1-800- CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No 403 (PW) h The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading (PW) L The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required This plan shall include the approximate number of truck traps and the proposed truck haul routes It shall specify the hours in which transport activities can occur and methods to mitigate (SR0073)- 11/28/00 Attachment No 19 (• 0 construction related impacts to adjacent residents These plans must be submitted for approval to the Department of Public Works (PW) j The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control (PW) k A plan shall be prepared and submitted for review and approval to the Public Works Department that details how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site (PW) 1 A plan shall be prepared and submitted to both Public Works and Planning Departments identifying wind barriers around remethation equipment (PW) in. Blockwall/fencnng plans shall be submitted to an approved by the Department of Planning Double walls shall be avoided to the greatest extent feasible Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall If coordination between property owners can not be accomplished,the applicant shall construct new walls located entirely within the subject property and with a maximum two (2) inch separation from property line Any removal of walls on private property and construction of new common walls shall include approval by property owners of adjacent properties The plans shall include section drawings, a site plan and elevations The plans shall identify materials, seep holes and drainage The applicant shall provide proof to the City that all adjacent property owners have been contacted 3 Prior to submittal for building permits,the following shall be completed a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawmg sets used for issuance of building permits(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index b Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with Fire Dept City Specification No 409 (FD) c Submit three(3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department (FD) d All Fire Department requirements shall be noted on the budding plans (FD) e Residential type structures on the subject property,whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units(Lots 32- 50, 69-80, 93-110 and 1300-135)that he within the 60 CNEL contours of the property Evidence of compliance shall consist of submittal of an acoustical analysis report and plans,prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building permit(s) (Code Requirement) (Mitigation Measure) f A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, foundations,retaining walls, streets,utilities, and chemical and fill properties of (SR0073)- 11/28/00 Attachment No 1 10 A 0 underground items including buned pipe and concrete and the protection thereof (Code Requirement) g An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits (Code Requirement) h. Floor plans shall depict natural gas and/or 220V electrical shall be stubbed in at the location of clothes dryers,natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units 4 The following conditions shall be completed prior to issuance of Building Permits a A grading permit shall be issued (PW) b A Tract Map shall be recorded with the County of Orange (PW) c Submit a copy of the revised site plan and elevations pursuant to Condition No 1 for review and approval and inclusion in the entitlement file to the Planning Department, and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model and a copy of the recorded Final Map to the Plpmg Department for inclusion in the entitlement file d The developer shall coordinate with the Department of Public Works, Traffic Engineering Division in developing a truck and construction vehicle routing plan This plan shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents The Department of Public Works must approve these plans (PW) e Submit gated entryway(access control devices)plans to the Planning Department The gated entryway shall comply with Fire Department Standard No 403 Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning,Fire and Public Works Departments f The applicant shall provide the Planning Department with a copy of correspondence to Aera Energy, LLC regarding Mitigation Measure Nos 5 and 6 (Mitigation Measure) 5 During grading, site development, and/or construction,the following shall be adhered to a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust being raised by the operations (PW) (Mitigation Measure) b All haul trucks shall arrive at the site no earlier than 8 00 a.m., or leave the site no later than 5 00 p in., and shall be limited to Monday through Friday only (PW) (SR0073)- 11/28/00 Attachment No 1 11 (• 0 c Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day (PW ) (Mitigation Measure) d The construction disturbance area shall be kept as small as possible (PW ) e All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from unpacting the surrounding areas (PWI) £ Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets (PWI) g Comply with appropriate sections of AQMD Rule 403,particularly to minim, e fugitive dust and noise to surrounding areas (PW ) h. W-ind barriers shall be installed along the perimeter of the site (PW ) i The remediation operations shall be performed m stages concentrating in single areas at a time to mmmm ze the impact of fugitive dust and noise on the surrounding areas (PWi) J The construction contractor shall select the construction equipment uses on-site based on low emission factors and high-energy efficiency (Mitigation Measure) k The construction contractor shall utilize electric or diesel powered equipment in lieu of gasgbW powered engines where feasible (Mitigation Measure) 1 Use low sulfur(0 5%) fuel by weight for construction equipment (Mitigation Measure) m. The construction contractor shall time the construction activities so as not to interfere with peak hour traffic, and to min m»e obstruction of through traffic lanes adjacent to the site,if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways (Mitigation Measure) n. The construction contractor shall utilize as much as possible precoated/natural colored building material,water based or low VOC coating, and coating transfer for spray equipment with high transfer efficiency, such as high volume low pressure (HVLP) spray method, or manual coatings application such as a paint brush,hand roller,trowel, spatula, dauber,rag or sponge (Mitigation Measure) o During smog season(May through October), construction activities should be reduced on days projected to have a Stage 1 smog alert,to minimize exhaust emissions from vehicles The construction contractor should attempt to phase and schedule construction activities to avoid high ozone days(first stage smog alerts) (Mitigation Measure) p Discontinue operation during second stage smog alerts (Mitigation Measure) (SR0073)- 11/28/00 Attachment No 1 12 l• 0 q During all project site excavation and grading on site,the project contractors shall equip all construction equipment, fixed or mobile,with properly operating and maintained mufflers consistent with manufacturer's standards (Mitigation Measure) r The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors to the east, west and north of the site (Mitigation Measure) s The construction contractor shall located equipment staging in areas that will created the greatest distance between construction related noise sources and noise sensitive receptors to the east,west and north of the site during all project construction (Mitigation Measure) t. On-site parking shall be provided for all construction workers and equipment unless approved otherwise by the Public Works Department 6 Prior to final budding permit inspection and approval of the first residential unit the following shall be completed a. Each proposed dwelling unit shall have a separate domestic water meter and service, sized to meet the mmnmum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC) The domestic water service lateral size shall be a muumum of 1-inch The meter shall be touch-read type (PW) b Each dwelling unit required to have fire sprinklers as determined by the Fire Department shaf have a separate backflow protection device installed per Water Division standards (PW) c Common area landscaping areas shall have a separate lmgatnon meter, service and backflow protection device The meter shall be sized to meet the muumum requirements set by the UPC An appropriate Homeowners Association agreement with CC&Rs shall be instituted to provide for the billing and maintenance of any common area landscape irrigation. In addition, separate irrigation meters, services, and backflow protection devices shall be provided for the neighborhood public park and the medians in Golden West Street along the property frontage (PW) d Installation of required landscaping and mzgation systems shall be completed prior to final inspection/within twelve months of entitlement (PW) e All new and existing overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance In addition, all electrical transformers shall be installed underground (PW) £ The two existing sewer lines in Lot"A"shall be consolidated into one public trunk sewer to be maintained by the City (PW) g Half-street improvements on Golden West Street and Palm Avenue shall be constructed per the City of Huntington Beach Standards prior to occupancy/release of the first unit (PW) (SR0073)- 11/28/00 Attachment No 1 13 h. Driveways shall be ADA compliant and constructed per Public Works standards (PW) L The main project egress shall have a two-lane cross-section, the left lane aligning with Orange Avenue and the nght lane serving as a right turn only lane The Public Works Department shall approve the length of the right turn pocket (PW) j The developer shall design and install a traffic signal at the intersection of Goldenwest Street and Orange Avenue The traffic signal shall be designed and constructed to current City standards (PW) k The developer shall retrofit the existing traffic signal interconnect conduit system on Golden West Street from Palm Avenue to Pacific Coast Highway with angled sweeps to accommodate future high-bandwidth fiber optic cable (PW) L The developer shall design and install Southern California Edison Co owned street lighting for Goldenwest Street and all other lighting for the tract, in accordance with Public Works Standards Lighting calculations shall be submitted for review and approval The Homeowners Association shall pay for the street hghting along private streets (PW) in. The developer shall design and install signing and striping in accordance with Public Works Standards (PW) n. W_itkun the tract, anywhere parking is not allowed,the curbs shall be pained red or No parking signs shall be posted (PW) o All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herem, including (FD) 1) Fire extinguishers shall be installed in the sales models and located in areas to comply with HBFC standards 2) Fire lanes shall be designated and posted to comply with City Specification No 415 3) Address numbers shall be installed to comply with City Specification No 428 4) Fire access roads shall be provided in compliance with City Specification No 401 Include the Circulation Plan and dimensions of all access roads 5) Fire hydrants must be installed before combustible construction begins Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department The project requires 27 hydrants, unless determined otherwise by the Fire Department 6) An automatic fire sprinkler and fire alarm system shall be installed throughout units 36, 37, 59, 71, 72, 80, 81, 97, 98, 105, 106 and 161-166 and any units that exceed 5,000"gross"square feet Shop drawings shall be submitted and approved by the Fire Department pnor to system installation. (SR0073)- 11/28/00 Attachment No 1 14 (• 0 7) Security Gates shall be designed to comply with Fire Dept City Specification 403 8) For Fire Department approval, submit a Fire Protection Plan in compliance with City Specification 426 p The applicant shall obtain necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department q Compliance with all conditions of approval specified herein shall be accomplished and venfied by the Planning Department r All building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable matenal, shall be disposed of at an off-site facility equipped to handle them s The project will comply with all provisions of the Huntington Beach Fire Code and Fire Dept City Specification Nos 422 and 431 for the abandonment of oil wells and site restoration. (FD) (Mitigahon Measure) t The project will comply will all provisions of Huntington Beach Municipal Code Title 17 04 085 and Fire Dept City Specification No 429 for new construction within the methane gas overlay districts (FD) (Mitigation Measure) 7 Approval of Coastal Development Permit No 00-1/Conditional Use Permit No 00-68 shall not be}effective until final certification of Local Coastal Program Amendment No 00-1 is approved by the California Coastal Commission 8 The public park shall be completed and open for public use pnor to completion of the final residential building inspection of the first production(non-model)home (Code Requirement) 9 The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in wntmg if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO INFORMATION ON SPECIFIC CODE REQUIREMENTS 1 Coastal Development Permit No 00-01/Conditional Use Permit No 00-68 shall not become effective until the ten working day appeal period has elapsed 2 Coastal Development Permit No 00-0 1/Conditional Use Permit No 00-68 shall become null and void unless exercised within one year of the date of final approval which is November 28, 2001 or such extension of time as may be granted by the Director pursuant to (SR0073) 11/28/00 Attachment No 1 15 a written request submitted to the Planning Department a minimum 30 days prior to the expiration date 3 The Planning Commission reserves the right to revoke Coastal Development Permit No 00-01/Conditional Use Permit No 00-68,pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs 4 All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits 5 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. 6 Construction shall be limited to Monday- Saturday 7 00 AM to 8 00 PM Construction shall be prolubited Sundays and Federal holidays 7 The applicant shall submit a check m the amount of$43 00 for the posting of the Notice of Determination at the County of Orange Clerk's Office The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action 8 All permanent,temporary, or promotional signs shall conform to Chapter 233 of the HBZSQ Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs 9 Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy (PW) 10 Standard landscape code requirements apply (PW) 11 State-mandated school impact fees, or has been agreed to by applicant and school districts, shall be paid prior to issuance of building permits 12 An encroachment permit shall be required for all work within the nght-of-way (PW) (SR0073)- 11/28/00 Attachment No 1 16 _® ATTA,CH,,MENT- , a a e a� • ` ©x » » ~ ~ : SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 15795 arc THIS AGREEMENT is entered into this day of 2001 by and between the CITY OF HUNTINGTON BEACH a municipal corporation of the State of California hereinafter referred to as "CITY " and PLC a California general partnership hereinafter referred to as "SUBDIVIDER ' RECITALS WHEREAS SUBDIVIDER is the owner of a tract of land in CITY which it is seeking to subdivide into lots and to dedicate certain streets alleys and other improvements therein to public use and is about to file with CITY a map of the tract of land known as Tract No 15795 and As a condition of the approval of and pnor to the recordation of said subdivision map SUBDIVIDER is required to improve and dedicate the streets and alleys and to perform certain other improvements in said subdivision and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work to agree to perform said work as herein provided and to execute and deliver to 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 penod of one (1) year following completion and acceptance thereof against any defect in work or labor done or defective materials furnished as required by Sections 66499 and 66499 3 of the Government Code of the State of California and Chapter 225 of CITY's Zoning and Subdivision Ordinance NOW THEREFORE in consideration of the promises and agreements of the parties as herein set forth the parties agree as follows 01amee/plc u 1 )79�)/1/1/01 I • • 1 GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do and perform the following work in said tract - all conditions of the tract map not completed at the time of the recordation thereof to include but not limited to the construction of streets, including excavation, paving curbs gutters sidewalks trees and landscaping sewers including construction of main lines and lot laterals and structures street lights street signs, construction of domestic water systems including the construction of water mains services and installation of meters, engineering costs and any other deposits fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer All of said work shall be done and performed in accordance with plans specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer All of work shall be done at the sole cost and expense of SUBDIVIDER The acceptance of the dedication of said streets alleys and other improvements and said work shall be completed on or before two (2) years from the date hereof unless the tract map conditions require an earlier completion date and all labor and material bills therefor shall have been paid by SUBDIVIDER CITY may withhold all occupancy pen-nits 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 prior to release or connection of utilities for occupancy for any lot in the Tract 3 GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same 01 a�,rec/plc ti 1�795/3/1/01 2 4 PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants replacing unsuitable plants doing weed rodent and other pest control and other work deternimed by the Public Works Department to be necessary to insure establishment of plants Said plant establishment work shall be performed for a period of one (1) year from and after City Council accepts the work as complete 5 IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision If at any time before the City Council accepts the work as complete or during the one year guarantee period said improvement plans prove to be inadequate in any respect SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised 6 NO WAIVER BY CITY Inspection of the work and/or materials or approval of work and/or materials or statement by any officer agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials or payments therefor or any combination or all of these acts shall not relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed nor shall the CITY by thereby be stopped from bringing any action for damages arising 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 7 01aor e/pli.u1:)79,)/3/1/01 3 8 SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council 9 IMPROVEMENT SECURITY Upon executing this Agreement the SUBDIVIDER shall pursuant to Government Code Section 66499 and the Huntington Beach Zoning and Subdivision Ordinance provide as security to the City A Faithful Performance For performance security in the amount of$3 500 000 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 Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance B For Labor and Material Security in the amount of$1 750 000 00 which is fifty percent (50%) of the estimated cost of the work Such secturty is presented in the form of / Cash certified check or cashier s check ✓ Acceptable corporate surety bond 01aaiee/plc trI')79D/1/1/01 4 • • Acceptable irrevocable letter of credit With this security the SUBDIVIDER guarantees payment to the contractor to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the SUBDIVIDER SUBDIVIDER may during the term of this Agreement, substitute improvement security provided that the substituted 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 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 arise from the sole active negligence or willful misconduct of CITY The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared supplied or reviewed any plan(s) or specifications(s) in connection with this work or subdivision or has insurance or other indemnification covering any of these matters 11 INSURANCE In addition to SUBDIVIDER S covenant to indemnify CITY SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage Said policy shall indemnify CITY its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with this 01 a;ree/ply trI�79D/3/1/01 5 • • Agreement and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of$1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 Said policy shall name City of Huntington Beach its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER s insurance shall be pninary Under no circumstances shall said abovementioned insurance contain a self-insured retention or a deductible or any other similar form of limitation on the required coverage Prior to commencing performance of the work hereunder SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy, 2 shall state that the policy is currently in force, 3 shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY, 4 and shall state as follows The above detailed coverage is not subject to any deductible or self insured retention or any other form of similar type limitation SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for• indemnification of CITY by SUBDIVIDER under this Agreement CITY shall at all times have the nght to demand the original or a copy of all said policies of insurance 01 agiee/plc ti 1,)79-)/3/1/01 6 SUBDIVIDER shall pay in a prompt and timely manner the premiums on all insurance hereinabove required 12 NON PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work wlthm the time specified in this Agreement and subsequent extensions or fails to maintain the work the CITY may proceed to complete and/or maintain the work by contract or otherwise and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY (including but not limited to Engineering Inspection surveys contract overhead etc ) immediately upon demand SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces including contractors in the event the CITY proceeds to complete and/or maintain the work Once action is taken by CITY to complete or maintain the work SUBDIVIDER agrees to pay all costs incurred by the CITY even if SUBDIVIDER subsequently completes the work Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work SUBDIVIDER agrees to pay all attorney s fees and all other expenses of litigation incurred by CITY in connection therewith even if SUBDIVIDER subsequently proceeds to complete the work 13 RECORD MAP In consideration hereof CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision SIGNATURES ON PAGE 8 01a=ee/pk tr1i79�/'/1/01 7 • 9 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 15795 signatures IN WITNESS WHEREOF the parties hereto have executed this agreement the day and year first above written PLC a California General Partnership CITY OF HUNTINGTON BEACH a municipal corporation of the State of By PLC HOLDINGS a California General California Partnership, its general partner `Q By PACLACO INC a C ifornia corporation its 14ut)Alt' General Part Mayor By ATTEST C�'t�tkaMvo 5 � (type or print name) City Clerk iQ3.• 2b�o� Its Circle one Chairman of the Board/President/ Any Vice President APPROVED AS f0 FORM AND i By G 1� g �0 6� City AttorneyJA Eti J (type or prin me) INITIAT ND APPROVED Its Circle one Secretary/Any Assistant Secretary/ Chief Financial Officer/Any Assistant Treasurer By T/L HUNTINGTON BEACH LLC a Delaware Director ublic Works limited liability company its General Partner By LENNAR LAND PARTNERS II a Florida REVIEWED AND APPROVED general partnership its managing member 1000, Ci y Administrator SIGNATURES CONTINUED ON NEXT PAGE 01agicc/plc tr1�79�/3/1/01 8 • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO 15795 stgnattues continued By LENNAR HO ES OF CALIFORNIA a California r ion its Attorney m Fact By (type of print name) Its Circle one Chaim n Board/President/ An Vice President AND By �iu _ &, JwA) (type or print name) Its Circle one Secretary/A Assistant Secretary/ Chief Financial Of icer y ssistant Treasurer 01agre /pl trl�7"/3/1/01 9 03i08i01 THL 10 5a FAX 415 249 0112 METRO/RISI{ San Francisco Z 002 ACORD CERTIFICATE OF LIABILITY INSURA CE FD 3/8/OlDnv) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MFTRO/RISK Inc C�� (�, Vn�Ll ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 750 Battery Street Suite 550 P� No- ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Francisco CA 94111 ZO to INSURERS AFFORDING COVERAGE INSURED INSURER A CalibIndemt-y�mpan� PLC a California General Partnership INSURER B 19 Corporate Plaza INSURER C _ Newport Beach, CA 92660 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTW17HSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RCSFECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al L THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INS R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EX DATE(MNI/D I DATE PIRATION 6� LIMITS GENERAL LIABILITY EACH OCCURRENCE 1,000,000 _ A COMMERCIAL GFNERrAL LIABILITY CGO 0001085 02 05/08/00 05/08/01 FIFE DAMAGE(Any one n e) 3 50�000 IJ CLAIMS MADE OCCUR M_CD EXP(Any one Pe ) S 5,000 PERSONAL&ADV INJURY $ 1,000,000 GCNERALAGGREGATE 2,000,000 _ GEN L ACGREGATE LIMIT APPLIES PER PRODUCT., COMP/OP AGG S 1 OOO OOO POLICY PRO OC AUTOMOBILE LIABILITY COMRINtD INCLE LIMIT S ANY AUTO (El 1CClde)q — ALL OWNED AUTOS BODILY INJLRY R -I SCI Ir.DULEO AUTOS P P ronl — — HIRED AUTOS ` NON OWNED AUTOS AS1n7�ry�/� "i7V AS TO PIH-� BODILY GAIL lUTf0N Gi y A R P81 ACCIdoJ)RY t orney ut City ttorney PROPFFTY DAMAGE S By e A Y (Per aceloenl) GARAGE LIABILITY _AUTO ONLY FA ACCIDENT I ANY AUTO OTHER THAN EA ACC S AUTO ONLY AGG EXCESS LIABILITY _ EACH OCCURRENCE S _ OCCUR u CLAIMS MADE ACCREGATF S DEDUCTIBLE — I RETEN NON S g WC STATU OTM W ORKERS COMPENSATION AND 1(_LIM17S EMPLOYERS LIABILITY IL EACH ACCIDENT $ E L DISEASL EA EMPLOYES V t L DIoEA-E POLICY 17,117e OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROV15IONS See attached additional Lnsured endorsement CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Attn Sarah DATE THEREOF THE ISSUING INSURER WILL BF11�09[1)0 MAIL 30 DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT =9600 IKIM H13M*00x Huntington Beach CA 92648 'Jt'��2 'R 'St"�PRk+'�plkl�'�prAx' 'kgp ' T'grl ` � sks >�x�aEovivlaB6 Fax 714 374-1590 AUTHORIZED REPRESENTATIVE ACORD 25 S(7/97) 0 ACORD CORPORATION 1988 MAR-08-2001 10 59 415 249 0112 96/ P 02 03/08/01 THI 10 56 FAX 415 249 0112 METRO/RISI{ San Francisco Q1 003 Additional Insured - Owners, Lessees or Contractors (Form B) CG 20 10 11 85 Policy Amendment General Liability Insured Policy Number PLC a California General Partnership Caliber One Indemnity Co 19 Corporate Plaza CGO D001085 02 Newport Beach CA 92660 Producer Effective Date METRO/RISK Inc 05/08/00-05/08/01 750 Battery Street Suite 550 San Francisco CA 94111 Schedule Name of Person or Organization City of Huntington Beach,its agents,officers and employees 2000 Main Street 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 11) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your work for that insured by or for you / �T Brian Marx Vice President MAR-09-2001 11 00 415 249 0112 96i P 03 , : A » y a » % & y � y � ^ ~, > , ey , BoNDNo 3SM 987 509 00 PRi dWM Included wit Performance I LA13OR AND 11£AnRUL BOND I REAS, the Clty Council of the City of Huntington Beach, State of California, and P (hereinafter d ted as `pnncipal") have entered into an agreement whereby principal agrees to install and complete desi ed pubhc improvements,winch said agreement, dated 200- and idea as project 15795 is hereby referred to and made a part hereof, and REAS, under the teams of said agreement, prmcipal is required before entering upon the performance o the work, to file a good and suftent payment bond with the City of Huntington Beach to secote the cl s to which reference is made in Title 15 (commencing with Section 3082) of part 4 of Division 3 of Crvtl Code of the State of California N , therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the ty of Huntington Beach and all contractors subcontractors, laborers, material men and other Ipersons am loyed in the performance of the aforesaid agreement and ref -ed to in the aforesaid Code of Civil pro edures in the sum of One Million Seven Hundred Fifty Thousand and No/100ths dollar's($ 1,750 000 00-------------------- , for materials furnished or labor thereon of any kind, or for atno is due under the Unemployment Insurance Act with respect to such work or labor, that said surety will p y the same in an amount not exceeduig the amount herelaabove set forth, and also in case lout is brow ht upon this bond, will pay, in addition to the fhce amount thereof, costs and reasonable expensra and fe , including reasonable attorney's fees, incurred by "City" n successflilly Wbrcintg such oblightion, to be awarded and fixed by the court, and to be taxed as costs and to be included m the f Judgomt therein dered 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 clauns under 'Title 15 (eommencmg with Section 3082) o part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any brought upon this bond 8 ould the condition of this bond be fully performed, theta this obligation shall become null and void, o e it shall be and remain in fall force and effect T a surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the ems of said agreement or the specifications accompanying the same shall in any manner I I i I 13ONDNO 3SM 987 509 00 Performance effect its obligattom n this bond, and It does hereby waive notice of aay such change, extension, alteration or additiom in ass thereof, this instrument has been hilly executed by the principal and surety above named, on March, 20"1 i PLC, a California general partnersh pPrindpal By- See at h I 13Y Am ri an o ists Insurance Com an as Surd $b vi N e By Att me -i -FAct State of C.AMPO s9 County of ORAN On before me, , Notary Public, personally appeared personally known to me (or- pmved to me en4e boas I ) to be the person whose name is subscribed to the wtthtn metrument and acknowledged to a that he /her executed the same in his/her authon�zed capactty, and that by Pus /her I signature o the instrument the person, or the entity upon behalf of Which the person acted, executed I the instrument I ' WIrms my d and official seal I I No Public rrk1S area fbr offlclai votary c-0 i I i i I I i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On - before me A MelendeZ Naga Public, NAME TITLE OF OFFICER personally appeared David Z Noddle NAME OF SIGNER Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that eeeeeeeoo..eeeeee.aceu®®,o®®®sasses he/she/they executed the same in his/her/their A MELENDEZ authorized capacity(ies), and that by his/her/their COMM #1256236 signa e() on the instrument the person(s),or the entity S NOTARYPUBLIC CALIFORNIA S upo asIE LOS ANGELES COUNTY 2 of which the person(s) acted, executed the My Comm Expires March 10 2004 • ins ent 000eoes000seeoe000e000sooseeoeeeeeeos WI m and d official seal i SIGNATU F NOTARY) OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY IN FACT ,Q� r ❑ TRUSTEE(S) " AR 0 d �� ❑ GUARDIAN/CONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) American Motonsts Insurance Company Lumbermens Mutual Casualty Comlan SICNER OTHER THAN NAME ABOVE �\mencan Manufacturers Mutual Insurance Comp anv Lou-[ones & Associates IVEMPER. Home Office Long Grove IL 60049 POWER OF ATTORNEY Know All Men By These Presents That the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutual Insurance Company corporations organized and existing under the laws of the State of Illinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company )do hereby appoint David Z Noddle of Los Angeles California' "'"*" their true and lawful agent(s)and attomey(s)-in fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on its behalf as surety and as their act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS($2 500 000 Go)— "•""""''""" •"" MN.M�N�M.Mtf. EXCEPTION NO AUTHORITY is granted to make execute seal and deliver any bond or undertaking which guarantees the payment or collection of any pronussory note check draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond vnthin the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and pugmes as if the same had baen duly executed and acknowledged by their regula4 erectAd Acers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executrve Committees of the Boards of Directors of the Company on February 23 1988 at Chicago Illinois true and accurate copies of which are hereinafter set forth and are hereby certrfied to by the undersigned Secretary as being in full force and effect: 'VOTED That the Chairman of the Board the President or any Vice President, or their appcxntees designated in writing and filed with the Secretary or the Secretary shall have the power and authonty to appoint agents and attorneys-ri-fact,and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings recognizances contracts of Indemruty and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 'VOTED That the signature of the Chairman of the Board the President,any Vice President,or their appointees designated in writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which it is attached shall continue to be valid and binding upon the Company In Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this December 1 1999 Attested and Certified Lumbermen Mutual Casualty Company American Motorists Insirance Company American Manufacturers Mutual Insurance Company MA.yt AA w r to rfr �a L � roc SIAL eurounox v Robert P Haines Secretary by J S Kemper III Exec Vice President Labor and Material Bond Signature Sheet PLC a California general partnership By PLC Holdings a California general partnership general partner By PACLACO INC a California corporatio general partne B ame Title t By — J,4, 4-(All— Name C Title AYP,c")VED AS TO �CRY (,k T k' 1TTOu Clty 'ttori Ti, T),-iputy City Attorna 9L/ PIC PLC LAND COMPANY California All-Purpose Acknowledgement State of CALIFORNIA ss County of ORANGE On March 6 2001 before me, Kissandra Scott, Notary Public personally appeared Graham Jones and Christopher C Gibbs , personally known to me (er-preyed to e on the basis of s ttsf ete-y evidence to be the persons whose names are subscribed to the within instrument and acknowledged 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 and official seal e M ,- � o 1 , .4 „ter KISSANDRASCOIT 9 fl ram Commmon i,122:049 Z Notary Public-Cai iamn t `:z Orange Cou ity AL� My Comm FxpjrE 'un 7 20M Kissandra Scott, Notary Public (This area for official notary seal) Optional Description of Attached Document Title or Type of Document Bonds - Labor and Material Bond Document Date Number of Pages Signer(s) Other Than Named Above 1 lkscotffissandralPLC Notary for TWO doc 0 SONDNO 3SM 987 .42 00 yp-M&UM wo Years FIRST TERM PREMIUM FULLY EARNED F'AITH)EriJL pE WO$MANCL BOND FLEAS,the City Council of the City of Huntington Beach, State of Califortna, and r , a -ralzfornia general partnership (hereutaRer de ted as "principal") have entered into an agreement whereby principal agrees to install and complete d ated public improvements,which said agreement,dated 200—and idea ed as project 15795 is hereby refenvd to and made a part hereof,and AS, said principal is regwred under the terms of said agreement to furnish a bond for tha faithful per rmance of said agreement. Na , therefore,we,the principal and American Motorists Insurance Company as surety, are hel and £firmly bound unto the City of Huntington Beach, hereinafter called"City", the penal Sttlli of Three Million Five Hundred Thousand and No/100 donug($3,500,000 00----3 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourse�es, our hars, successors, executors and administrators, jointly and severally, firmly by these presents I � condition of this obligation is such that if the above bounded principal, his or its heirs, executors, trators, successors or assigns, shall in all thongs stand to and abide by, and well and Itruly I keep and p dorm the covenant, condition and provisions in the said agreement and any alteration therebf made w erela provided, on his or their part, to be kept and performed at the time and in the manner therein ecified, and in all respects according to their true intent and meaning, and shall indemnify and save harml "City", its officers, agents and employees, as therein stipulated, then this obligation shall becoam null and void, otherwise it shall be and temam m full force and effect it part of the obligation secured hereby and in addition to the face amount specified therefore, there all be included costs and reasonable expenses and fees, including reasonable attorney's fees,mcurted by "City" in successfully enforcing such obligation, all to be taxed as costs and included m i any Judgment to red I I i I 1 I I =BONDN03SM 987 e 509wit 00 i ' nclu Performance The rety hereby stipulates and agrees that no charge, extension or tune, alteration or addition. To the of the Agreement or to the work to be performed thm=der or the apec&cauons accompb� pog the a shall in anywise affect its obligations on this bond, and it does hereby waive nonce of any Chang extension of tame, alteration or additron to the terms of the agreement or to the work or to thr spMficatt na In tness wbereot this instrument has been duly executed by the pnacipal and surety above named,'on March 5' 2001 I PLC as principal I ay partnership ay Se a Am ri n t ists-InsuranceCompany-, as surety I .0y D Z Noddle $y A orn - - t i I I l I 1 I 1 � 1 I • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On _ � COI before me A MelendeZ Notary Pubbe, NAME TITLE OF OFFICER personally appeared Davtd Z Noddle NAME OF SIGNER Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their ooeoe000aeeesee000eueoepieccemoeeeae• authorized capacity(ies) and that by his/her/their G A MELENDEZ � signature(s) on the instrument the person(s), or the entity R@MY COMM #1256236 u n behalf of which the person(s) acted, executed the SNOTARYPUBM CALIFORNIA S 2LOS ANGELES COUNTY 2 1 ment °e Comm E)Ires March 10 2004 e •000eesecoseeeeeeeooseeeeeoeoeeoeooee my d and fficial sea] (SIGNATU OF NOTARY) OPTIONAL Though the data below is not regwred by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY IN FACT ❑ TRUSTEE(S) � �QI ®6Ul ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) American Motonsts Insurance Company Lumbermens Mutual Casualty Company SIGNER OTHER THAN NAME ABOVE Amencan Manufacturers Mutual Insurance Company Lou Jones & Associates Faithful Performance Bond Signature Sheet PLC a California general partnership By PLC Holdings a California general partnership general partner By PACLACO INC a California corporatio general pa Name Title t)ic o . �r ickz_Y,* By VIL, Name f'1, ntz�y ( j6u Title ,11"ROVED AS TO P ORM 'L 1L rLr^T0N City Attorn £y Deputy City AttorpP-v PIC PLC LAND COMPANY Cahforma All-Purpose Acknowledgement State of CALIFORNIA ss County of ORANGE On March 6 2001 before me, Kissandra Scott, Notary Public personally appeared Graham Jones and Christopher C Gibbs , personally known to me (e"Feved to the basis of tisf etefy e .,,�o.,e to be the persons whose names are subscribed Lv iixc+�ir-�a�.vuoi to the within instrument and acknowledged 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 and official seal KWANDRA SCG Commission# 122 z Z ;ffi, Nota-Public-CQA- -iia Orange Count ' My Comm ExpresJun,7 "=-mt Kissandra Scott, Notary Public (This area for official notary seal) Ophonal Description of Attached Document Title or Type of Document Bonds - Faithful Performance Bond Document Date Number of Pages Signer(s) Other Than Named Above 1 XscottXissondralTLCNotaryforTWOdoc MNO To on 0fiiwl�_t_aa r s First Term Premium Fully Earned I MONUMENT BOND i KN W ALL MEN BY THE PAE5MS iTWIT PLC, at California general partnership a5 Subdty der of Tra No 15795 in the City of Huntington Bea* County of Orange, State of Cal►fornma, has su tted to Bald City a Final Map of said tract containing an engineer's or surveyor's certificate stating t all final monuments will be set m the positions indicated on or before the date specified in said m tificate Tha said PLC a _California general partnership (Subdivider) aspnucipal, and AMERICAN MOTORISTS INSURANCE COMPANY as surety, hereby arantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or m connection with said tract, as are not already set prior to the recording of said Final Thirty Thousand Map, m accordanc with said snap and sand certificate up to but not to excess of the sum of and No/180ths S 30,000 00 m which sun we are held and firmly bound to the City of Huntington Beacb, all in Iaccordance vith d subject to the terms, conditions and ptovisions of Article 9, Chapter 4 of the Government Code of the State of Caidbuna IN TNLS S THEREOF,we have executed this instrument this 5 th day of I March 2001 i PLC a Califo nia generalas Principal I partnership By By See attached signature block Am2rickan Motor sts Insurance Company gSSUrety ti rPOVED AS TO >±ORMA-1 I ,ON Cjty Attorney KA r 1 r ci t r ( lty t t+orna, I $ eAna D Conrad, Attorney-in-Fact I � 4 �qA]CIFORI U ALL-PURPOSiKNOWLEDGMENT State of California County of Los Angeles On C Clarkson Notary Public NAME TITLE OF OFFICER personally appeared KeAna D Conrad NAME OF SIGNER ®Personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their �coseesweooGeose�ocrceercoeomecoe0000 authorized capacity(ies), and that by his/her/their C CLARKSON y c signature(s) on the instrument the person(s), or the c ® COMM #1154439 R entity upon behalf of which the person(s) acted NOTARY PUBLIC CALIFORNIA S tY P P ( ) 2p LOS ANGELES COUNTY 2 executed the instrument e My Comm Expires Sept 5 2001 °e CfE00R0C`eQOQOCFOr'OCGooOPOAo9600e0e0• WITNESS mv.hand and official seal A wwy -� (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR XA OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermens Mutual Casualty Company Lou Jones & Associates IVEMPOR Home Office Long Grove It. 60049 POWER OF ATTORNEY Know All Men By These Prosents That the Lumbermens Mutual Casualty Company the American Motorists Insurance Company and the American Manufacturers Mutua Insurance Company corporations organized and existing under the laws of the State of Ilinois having their principal office in Long Grove Illinois (hereinafter collectively referred to as the Company')do hereby appoint KeAna D Conrad of Los Angeles Califomia" . " their true and lawful agent(s)and attomey(s)in fact to make execute seal and deliver during the period beginning with the date of issuance of this power and ending on the date specified below unless sooner revoked for and on Its behalf as surety and as their act and deed Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS($1 000,000 OO)'"'• ««•••••f.««««..«..««.«« ....««...«....... EXCEPTION• NO AUTHORITY Is granted to make execute seal and delver any bond or undertakkng which guamntees the payment or collection of any promissory note &tech draft or letter of craft This authority does not permit the same obilgation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein This appointment may be revoked at any time by the Company The execution of such bonds and undertakings in pursuance of these presents shall be as t uNN said Company as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by their regutady elected officers at their principal office in Long Grove Illinois THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31 2001 This Power of Attorney Is executed by authority of resolutions adopted by the Executive C immittiow of the Boards of Diredom of the Company on February 23 1988 at Chkago IlQnois true and accurate copies of which are hereinafter set forth and are hereby certlffed to by the undersigned Secretary as being in fA force and effect: 'VOTED That the Chairman of the Board the President, or any Vice President or their appointees designated in writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys4n-fad,and to autthoflze them to execute on behalf of the Company and attach the seal of the Company thereto bonds and undertakings reoognizances contracts of indemnity and other writings obligatory in the nature thereof and any such officers of the Company may appoint agents for acceptance of process This Power of Attorney is signed sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February 1988 'VOTED That the signature of the Chairman of the Board the President,any Vice President,or their appointees designated In writing and filed with the Secretary and the signature of the Secretary the seal of the Company and certifications by the Secretary may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive ComnJ tee of the Board of Dtredors on February 23 1988 and any such power so executed sealed and certified with respect to any bond or undertaking to which It is attached shall continue to be valid and binding upon the Company in Testimony Whereof the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers this July 7 2000 attested and Certified Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company AM LLi^t 1♦ erwtaa L wwe aU 39AL kMat��4 obert P Hames Secretary by J S Kemper III Exec Vice President Monument Bond Signature Sheet PLC a California general partnership By PLC Holdings a California general partnership general partner By PACLACO INC a California corporat on general partn Name Title l By (� GAt-- Name _{'hri-�-*4 ke Title PIC PLC LAND COMPANY Cahforma All-Purpose Acknowledgement State of CALIFORNIA ss County of ORANGE On March 6 2001 before me, Kissandra Scott, Notary Public, personally appeared Graham Jones and Christopher C Gibbs , personally known to me (or-proved to me en the basis of tis f try evidene ) to be the persons whose names are subscribed to the within instrument and acknowledged 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 and official seal K SSANDRA scorn COMMLSSIon#1223699 NotarvPubfic Cadarna Orange County My Comm 6gxre-Jun 7 2.0(>;i ssandra Scott, Notary Public (This area for official notary seal) Optional Description of Attached Document Title or Type of Document Bonds - Monument Bond Document Date Number of Pages Signer(s) Other Than Named Above 1 WscottWissandralPLC Notary for TWO doc 6 0 RCA ROUTING SHEET INITIATING DEPARTMENT Planning SUBJECT Approve Final Tract Map No 15795 (The Boardwalk) COUNCIL MEETING DATE I March 19, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements etc (Approved as to form by 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 Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff 3 B / X3 ( ) ( �� ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author HZ MBB RR