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HomeMy WebLinkAboutFINAL TRACT MAP NO. 16740 OF TENTATIVE TRACT MAP NO. 16740 ( RECEIVED BY: CITY CLERK RECEIPT COPY t .-.`�,� ! Return DUPLICATE to T Y'``� 1 City Clerk's Office (Name) after signing/dating (Date) I "A, CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL C®IVlIInUNICATI®N TO: Shari Freidenrich, City Treasurer FROM: i DATE: SUBJECT: Bond Acceptance have received the bonds for ,�s / L1/�:Z_�3f .v.•L- (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved i{ / (�.� Agenda Item No. --� (CouncilfApproval Date) City Clerk Vault No. .z Xf j #27 g1followup/bondletter.doc P- Ll Council/Agency Meeting Held: 8 Deferred/Continued to: %-App oved ❑ Conditionally Approved ❑ Denied Ci erk's ignat r Council Meeting Date: 8/4/2008 Department ID Number: PW 08-041 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF9aUBLIe R S ` SUBJECT: Approve the Release of Securities for Tract 16740 And Accept the Public Improvements (Tuscany Development, Inc./Kelter Homes) IHmeEssue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Tuscany Development, Inc., a California Corporation, the subdivider of Tract No. 16740 (located at 19150 Gothard Street, east side of Gothard Street, south of Garfield Avenue), has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract 16740; 2. Accept Guarantee and Warranty Bond No. 863980S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; '3. Release the Faithful Performance Bond No. 863980S, Labor and Material Bond No. 863980S and Monument Bond No. 863981 S (monument bond number change revision attached) pursuant to the California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify Tuscany Development, Inc., a California Corporation, the subdivider of Tract No. 16740, of this action and the City Treasurer to notify InscoDico Group Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. REQUEST FOR ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER:PW 08-041 Analysis: On October 2, 2006, the City Council approved Final Map No. 16740 and accepted bonds from Tuscany Development, Inc., a California Corporation, the securities furnished for Faithful Performance, Labor and Material, and Monuments Bonds. The subdivider, Tuscany Development, Inc., a California Corporation, has completed all required public improvements, and is requesting acceptance of the aforementioned securities, pursuant to California Government Code Section 66499.7(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. Tuscany Development, Inc., a California Corporation, the subdivider of Tract No. 16740 has provided Guarantee and Warranty Bond No. 863980S as security for the one-year warranty period. Following is a list of project data: Subdivider: Tuscany Development, Inc. c/o Kelter Homes, Inc.,18281 Gothard Street, #201, Huntington Beach, CA 92648 Engineer: DMS Consultants 12377 Lewis Street, Ste. 101, Garden Grove, CA 92840 Bond Company: InscoDico Group Insurance Company 2122 E. Highland Ave., Suite 350, Phoenix, AZ 85016 Attn: Dave Paloma, Telephone: 800-513-3426 Location: 19150 Gothard Street (East side of Gothard, south of Garfield) Zone: Holly Seacliff Specific Plan (Residential Medium Density) General Plan: RM -15-sp (Residential Medium Density -15 units per acre maximum- Specific Plan)) No. of Acres: 1.90 acres (82,624 square feet) gross No. of Lots: 1 numbered and 0 lettered No. of Units: 28 attached townhome units Public Works Commission Action: Not required. Strategic Plan Goals: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. L-5 Improve the efficiency of the development review process. G:\R C A\2008\08-41 Aug 04 Wagner(Tr 16740 Tuscany Bond Exoneration).doc -2- 7/15/2008 2:59 PM REQUEST FOR ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER:PW 08-041 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 Clark's Page NUMber • Desoiptioh, 1. Location Map . . 2. Guarantee and Warranty Bond No. 863980S `k g f. 3. Acceptance of Public Improvement Form 4. Bond Rider for Monument Bond number change G:\R C A\2008\08-41 Aug 04 Wagner(Tr 16740 Tuscany Bond Exoneration).doc -3- 7/15/2008 2:59 PM ATTACHMENT # 1 a!aJ rt-, 'a k 1 v, 4 \ 3 � 1 � e F.. r � III s > LOCATION MAP TRACT 16740 ATTAC H M E N T #2 BOND NO. 863980S PREMIUM Included GUARANTEE AND WARRANTY BOND WHEREAS, TUSCANY DEVELOPMENT, INC. A CALIFORNIA CORPORATION as a Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized under the laws of the State of CALIFORNIA and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of EIGHTEEN THOUSAND SEVEN HUNDRED AND NO/1 00 ( 18, 700. 00 ) , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated AUGUST E th, 2006 for work described as follows: WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period, WHEREAS, said work has been completed, and accepted by Obligee on JULY 31 st, 2(iD7 NOW, THEREFORE, the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on FEBRUARY. , 0 200 8 APPROVED AS TO FORM JE�NjNIFER McGRATH,City Attorney TUSCANY DEVELOPMENT, INC. 1°`'�' �A By Paul D'Alessanaro A CALT ORNIA ORPORATION as P At"City Attomey in & F' a Inc, By � N C. KELTER, PR9SIDENT Nevada Resident nt 603 W. Charleston Ivd. By I BE V. WILS , ATTORNEY-IN-FACT Las Vegas, NV 89102 1DEVELPOERS SURETY AND INDEEMNITY (702) 877-1111 COMPANY STATE OF MXRORM ) NEVADA ) SS COUNTY OF 0WIRM ) CLARK ONFEBRUARY, 20, 200%EFORE ME, RENA CASPROWITZ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED''ELIZABETH V. 9LS ON AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PU LIC IN AND FOR STATE IN CLARK COUNTY NOTARY PUU4, 'N RENA CASPROWITZ PRINTED NAME MY COMMISSION EXPIRES 9 2$ 2 01 1 Notary Public-State of Nevada *- county of Clark RENA CASPROWITZ My Appointment Expires No:08.5425•1 September 28,2011 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, ) A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY PRINTED NAME MY COMMISSION EXPIRES 2 ' ii• .. 51 R(;i�'i` i?,iti<1 i,i!U".(i:dr:,J i;.'i: `;,>".r(i4 z POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: :**Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas J. Burns, Elizabeth V. Wilson, jointly or everally*** as their true and lawful Attomey(s)-in-Fad,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s}in-Fad ful power and authority to do and to perform every ad necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and al of the acts of said Attomey(s)-in-Fad,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of ahem hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respell to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: A" Q+�FANY - Stephen T.Pate,Senior Vice President 9y. Charles L.Day,Assistant Secretary 1936 F` S 1.967 State of California County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by hislher/their signature(s)on the instrument person(s),or the entity upon behalf of ��� which the person(s)acted,executed the instrument. K I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 0PANa comy true and correct. WITNESS my hand and ofkial seal. Place Notary Seal Above Signature Ch' er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 2 0`,y of February 2008 #863980S By: Albert Hiilebrand,Assistant 99aetary ID-1380(Wet)(Rev.07/07) ATTACHMENT #3 Recording requested by, - - - - - - and when recorded return to: Recorded in Official Records, Orange County Office of the City Clerk Tom Daly, Clerk-Recorder CITY°X 90 2 00 M°�BEACH IIOSII911EIIBGIII9BISI1811 A0111�6111G91�OIIIIe10111190�9111E10111G110119@I NO FEE Huntington Beach, Ca. 92648 2008000397352 03:02pm 08/20/08 104 28 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS � (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on July 10, 2008, the City Engineer considered the 1 �i subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section i 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. 16740. Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at August 4, '08City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest &L(-GLS7- /3 20 0(f Jom Lam , City Clerk and Ex-officio Clerk of t City Council Of the City of Huntington Beach, California By Deputy This document is solely for the omdai WWnm of the CKy of Huntington Bead.as contemplated under ITY OF HUNTINGTON BEACH eovw=nent Code Sec 6103 and bs recorded free of charge. Tax by: City Engineer CITY OF HUNT MOTON BEACH By- Clerk k by City Attorney ATTAC H M E N T #4 VGN INSCO INSURANCE SERVICES, INC. Id sogloc® Underwriting Manager for: Fg�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 B131C°�ND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 863980S Principal: TUSCANY DEVELOPMENT,INC.,A CALIFORNIA CORPORATION 18281 GOTHARD STREET HUNTINGTON BEACH,CA 92648 Obligee: CITY OF HUNTINGTON BEACH,STATE OF CALIFORNIA 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 Surety: INDEMNITY COMPANY OF CALIFORNIA 950 W.ELLIOT ROAD,SUITE 103 TEMPE,AZ 85284 Effective 17TH DAY OF JULY 2006 it is agreed that: BOND NUMBER ON MONUMENT BOND IS CHANGED: FROM:863980S TO:863981S SURETY COMPANY ON MONUMENT BOND IS CHANGED: FROM:INDEMNITY COMPANY OF CALIFORNIA TO:DEVELOPERS SURETY AND INDEMNITY COMPANY Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 19TH day of JULY 2006 Principaf: TUSCANY DEVELOPMENT, INC. 4ELIZA VELOPERS SURE AND A CALIFORNIA CORPORATIONDEMNITY COMP t By: .WILSON Attorney-in-Fact PRODUCER: CRAGIN&PIKE,INC. 2603 W.CHARLESTON BLVD,,LAS VEGAS,NV 89102 ID-1183{REV.1101) Page 1 of 3 Wagner, Jinn From: Rena Casprowitz[RCasprowitz@Cragin-Pike.com] Sent: Thursday, June 26, 2008 8:18 AM To: Wagner, Jim Subject: RE: (2) Bond Release-Tuscany Development, Inc. (principal) Oops sure do. InseoDico Group is located at 2122 E. Highland Ave., Suite 350, Phoenix,AZ 85016 Thank you. Have a great day. Aff, ena Cajyroawitz Bond Account Manager Cragin&Pike 2603 W. Charleston Blvd. I_as Vegas, NV 89102 (702) 877-1111 Phone (702)258-3394 Fax rcasprowitz(acragin-pike..com Cragin & 'ire FS 1 ft 111 1SH 1 1)1909 Iti`iliiZ:1NCE- LrIZD Y Insurance coverage cannot be bound or changed by an email message. This message is for the designated recipient only and may contain confidential,proprietary,or otherwise private information.if you have received this message in error,please notify the sender immediately and delete the original.,any other use or distribution of this information is prohibited. � j Help save paper-please consider the environment before printing this email. From: Wagner, Jim [mailto:JWagner@surfcity-hb.org] Sent: Wednesday, June 25, 2008 5:07 PM To: Rena Casprowitz Subject: RE: (2) Bond Release-Tuscany Development, Inc. (principal) Hi Rena- Do you have an address for InscoDico Group? THX 1a;V k/agnef'' Pubdc-Works Department 714-536-5467(Direct) From: Rena Casprowitz [mailto:RCasprowitz@Cragin-Pike.com] Sent: Wednesday, June 25, 2008 4:52 PM To: Wagner, Jim Subject: RE: (2) Bond Release-Tuscany Development, Inc. (principal) Thank you very much for your prompt response. Below please find the information you requested. 7/15/2008 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas 1. Burns, Elizabeth V. Wilson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full pourer and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations•bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. ��................ By' David H.Rhodes,Executive Vice-President `yQo4AMD �ay',, GOOPPO gO'e9 P R C+ C'� OCT5 o 1967 0 By. �pj 1 9 3 6 ;',T? oy�09 Fpt�e��� a2 Walter A.Crowell,Secretary "q�7�j /Oyyp ,.•�a r 41 ,,...��..WOO,�ao STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personalty appeared David H.Rhodes and Walter A.Crowell, 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/shclthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA L.GARNER COAAFA.ROTARY PUBLIU CALIFORNIA CALIF Signature �u L 569561 {SEAL) ORANGE COUNTY My comrrr ax res 13.2009 IL CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 19 th day of J11 1 y 2006 Bond No, 863981S By A Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract 16740 And Accept the Public Improvements (Tuscany Dev. Inc. COUNCIL. MEETING DATE: August 4, 2008 RCAATTACHMENTS-� STATU8' Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached ❑Not Applicable (Approved as to form by City Attorney) Certificates of Insurance (Approved by the City Attorney) Attached El Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) Attached ElNot Applicable Commission, Board or Committee Re ort If applicable Attached Elp ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable Y. EXPLANATIONFOR MISSING �a T REVIEWED REh RNED FOR 'RDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ) ( ) City Clerk ( ) `EXPLANATION FOR'RETVRN OF ITEM: - s RCA Author: J.Wagner:jg City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK o JOAN L. FLYNN CITY CLERK August 12, 2008 Tuscany Development, Inc. c/o Kelter Homes, Inc. 18251 Gothard Street, #201 Huntington Beach, CA 92648 Re: Release of the Faithful Performance Bond, Labor& (Material Bond and (Monument Bond for Tract No. 16740---[Acceptance of Public Improvements] Please be advised that on Monday, August 4, 2008 the City Council of the City of Huntington Beach took the following action: E-5. (City Council) Approved Release of the Faithful Performance Bond Provided as Security by Tuscany Development, Inc./Kelter Homes, Developer of Tract 16740, Located at 19150 Gothard Street, East Side of Gothard Street, South of Garfield Avenue; Accepted Guarantee and Warranty Bond; and, Authorized Recordation of Notice of Acceptance of Public Improvements — 1)Accepted the improvements construction and dedicated for public use with Tract 16740; 2) Accepted Guarantee and Warranty Bond No. 863980S; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 3) Release the Faithful Performance Bond No. 863980S, Labor and Material Bond No. 863980S and Monument Bond No. 863981 S (monument bond number change revision included) pursuant to the California Government Code Section No. 66499.7(a); 4) Instructed the City Clerk to notify Tuscany Development, Inc. a California Corporation, the subdivider of Tract No. 16740, of this action, and the City Treasurer to notify InscoDico Group Insurance Company, of this action; and, 5) Instructed the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder. Sincerely, an L. Flynn City Clerk JF: pe Attachment g:/followup/tract/acceptpubl icimp-notice.d oc Siste?'MP�e A2�jo, Japan • Waitakere, New Zealand (Telephone:714-536-5227) 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: Sha i Freidenrich, City Treasurer FROM: l DATE: SUBJECT: Bond Acceptance have received the bonds for S C A� ) 1/—110416-wT (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. �� Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Counci Approval Date) City Clerk Vault No. o • /� d�>z #27 g:/foliowup/bondletter.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to 1°10 bill City Clerk's Office (lea' ie) } after signing/dating J. CITY OF HUNTINGTON lSEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for !rI ( omppra�nyN{a'me) Faithful Performance Bond No. Labor and Material Bond No. �( Monument Bond No. `b 9tro Maintenance Bond No. K Re: Tract No. CC No. MSC No. Approved Q Agenda item No. (Cou c#Approval Date) City Clerk:Vault No. #27 gJfollowup/bondlellarAoc IY7. Council/Agency Meeting Held:/0 Deferred/Continued to: 2006 S AM I 1 35 App oved Ll Conditionally Approved LI-Denied city ��'Stlanatike C, Council Meeting Date: October i;TZQQO t,; �ap&rtment ID Number: PL06-20 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENE#E�CUL kETH-GRAFT,"City'Admi i trcaltor PREPARED BY: SCOTT HESS, Acting Director of Plannin W SUBJECT: APPROVE FINAL TRACT MAP NO. 16740 OF TENTATIVE TRACT MAP NO. 16740 (KEL TER HOMES/TUSCANY DEVELOPMENT) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Final Tract Map No. 16740, located at 19150 Gothard Street (East side of Gothard Street, south of Garfield Avenue) is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16740 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)." 2. "Approve the Subdivision Agreement between the City and Tuscany Development, Inc., and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16740 and reject the offer of dedication, improvements and bonds." L REQUEST FOR ACTION MEETING DATE: October 2, 2006 DEPARTMENT ID NUMBER: PL06-20 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Tuscany Development, Inc. 18281 Gothard Street, #201 Huntington Beach, CA 92648 ENGINEER: DMS Consultants 12377 Lewis Street Ste. 101 Garden Grove CA 92840 LOCATION: 19150 Gothard Street (East side of Gothard Street, south of Garfield Avenue) ZONE: Holly Seacliff Specific Plan (Residential Medium Density) GENERAL PLAN: RM-15-sp (Residential Medium-Density — 15 units per acre maximum — Specific Plan) NO. OF ACRES: 1.90 acres/ 82,624 sq. ft. (gross) NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 28 (attached townhome units) DATE OF COMPLETE APPLICATION: September 18, 2006 MANDATORY PROCESSING DATE: October 18, 2006 DISCUSSION: On August 23, 2005, the Planning Commission approved Tentative Tract Map No. 16740 in conjunction with Conditional Use Permit No. 04-42 for the construction of 28 two-story townhome units. Tentative Tract Map No. 16740 is a 1.90-acre one-lot subdivision for condominium purposes. The subdivider has satisfied the park and recreation dedication requirements for this project in the following manner. First, the subdivider is applying 0.147 acres of previous parkland credit for a portion of the site that is included in the Holly-Seacliff development agreement. Secondly, the subdivider is paying $604,125.60 in park and recreation in-lieu fees for the remaining portion of the site that is not a development agreement property. In addition, the 15% affordable housing requirement for this project will be satisfied by assignment of five units within the project site. PL06-20 -2- 9/20/2006 3:59 PM REQUEST FOR ACTION MEETING DATE: October 2, 2006 DEPARTMENT ID NUMBER: PL06-20 The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the Planning Commission on August 23, 2005. Environmental Status: This action to accept Final Tract Map No. 16740 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 16740 with site plan 4 Tentative Tract Map No. 16740 Findings and Conditions of Approval 5 Final Tract Map No. 16740 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Rami Talleh/Herb Fauland PL06-20 -3- 9/20/2006 3:59 PM ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16740 is in conformance with the California Subdivision Map Act,the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16740 conditions of approval, as approved by the Planning Commission. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 863980S (Attachment No. 7). b. Labor and Material Bond No. 863980S (Attachment No. 7). c. Monument Bond No. 863980S (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT 2 6 iF MClSLL EN 1 I ♦ BLII. WARN@ 7A1BW \ p 1 ec •♦ .cAEauuu r voaamWN f AMW f ~ rnmuNAraAs -ATLANfA J HAMUON r EANNEVG g � r SUBJECT SITE 0 � I VICINITY MAP FINAL TRACT MAP NO. 16740 (KELTER HOMES/TUSCANY DEVELOPMENT) THE CITY OF HUNTINGTON BEACH ATTACHMENT 3 . 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Mbn tlbrP W A WTAL CROZ AREA.sRRRRJRSF imv -aspsr roux.NET AREA .RE67AJTSF , ,p" CITY OF HUNMGTON BEACH u i►imM�NanwM�m NR7NRD NmEp�S�MEIaN OF, 0f411 QPm plrQNr.Isll�rrRMw rst D!! nlcx KELTEA TENTATIVE TRACT W. 16740 r ``sir rmsxf1M°arerrwnimieiJ Irl ',°,.r°oi"'R, .au mmNwNr'"`ap'r" r+w'TY'f1` iiwZ ,. o. .m.. 1 a^ r+m'•R uer CONDOMIN{UM PURPOSES ATTACHMENT 4 Huntington Beach Planning Commission P.O. ®ox asm CALIFORNIA 92648 NOTICE OF ACTION August 24, 2005 Michael C. Adams 21190 Beach Blvd. - Huntington Beach, CA 92648 SUBJECT: TENTATIVE TRACT MAP NO. 16740/CONDITIONAL USE PERMIT NO. 04- 42(KELTER RESIDENTIAL DEVELOPMENT) APPLICANT: Michael C. Adams, 21190 Beach Blvd. Huntington Beach, CA 92648 PROPERTY OWNER: Richard P. Kelter, 518 Oceanhill Dr., Huntington Beach, CA 92648 LOCATION: 19150 Gothard St. (East side of Gothard St. south of Garfield Ave.) DATE OF ACTION: August 23, 2005 On Tuesday, August 23, 2005, the City of Huntington Beach Planning Commission took action on your application and approved your request. Attached to this letter are the findings and modified conditions of approval. 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 to the City Council shall file a written notice of appeal to the City Clerk within ten (10)working days of the date of the Planning Commission's action.. In your case, the last day for filing an appeal on the approval of the Conditional Use Permit and paying`the filing fee is Friday, September 2, 2005. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand Five Hundred Sixty-Eight Dollars ($1,568.00) if the appeal is filed by a single family dwelling property owner appealing the TTM 16740;CUP 04-42 August 24,2005 Page 2 decision on his own property or Two Thousand Three Hundred Thirty-Five Dollars($2,335.00) if the appeal is filed by any other party. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that tentative tract map applications and concurrently approved entitlements become null and void one (1) year after final approval, unless actual construction has started. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. if you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions, please contact Rami Talleh,Assistant Planner at(714)374-1682, or the Planning Department Zoning Counter at(714) 536-5271. Sincerely, Scott Hess, Acting Secretary Planning Commission By: Herb Fauland, Principal klanner SH:HF:RT:rI Attachment (G:PCWOA\05\TTM 16740;CUP 0442) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 16740/ CONDITIONAL USE PERMIT NO. 04-42 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines because the City has prepared an environmental impact report for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or negative declaration is needed for a residential project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL-TENTATIVE MAP NO. 16740: 1. Tentative Tract Map No. 16740 for the consolidation of two parcels totaling approximately 1.90 acres (82,624 sq. ft.) into one lot for condominium purposes is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed residential subdivision for the development of 28 townhome units is permitted in the Medium Density Residential (RM) designation of the Holly Seacliff Specific Plan (HSSP). 2. The site is physically suitable for the type and density of development. The project density of 14.7 dwelling units per acre is compatible with the density of the surrounding developments. Furthermore the proposed development complies with the development standards of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and the HSSP. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project will comply with all mitigation measures identified in Environmental Impact Report No. 89-1. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless . alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO.04-42: 1. Conditional Use Permit No. 05-21 for the construction of 28 two-story townhomes within seven buildings consisting of four units each 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 site layout and design of the project properly adapts the proposed structures to streets driveways,and other adjacent structures and uses in a harmonious manner. The proposed development is designed in a manner consistent with development anticipated by the Holly Seadiff Specific Plan and the immediate area. Furthermore,the additional unit will not result in any adverse environmental impacts. The project will provide affordable housing to a segment of the population,which has limited available housing options at rates,which are affordable at the moderate-income level. (GAMNOMMUM 16740,CUP 04-42) Attachment No. 1.1 i r 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project design is similar to the residential project located to the north and south of the subject site and is in keeping with the multi-family neighborhood. Furthermore, compliance with the mitigation measures of Environmental Impact Report No. 89-1 and code provisions will ensure that the project will be compatible with other area developments. 3. The proposed 28-unit townhome subdivision will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located. The proposed residential units meet all code provisions, including setbacks, density, open space, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.1.3: Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volume. b. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and/or common areas. c. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. The proposed project will consist of attached.townhome units that have separate patios surrounding each entry area. The use of different colors and materials will break up the mass of the buildings and will delineate the entry to the units. The landscape palette will comply with the community theme guidelines of the Holly Seacliff Specific Plan and will ensure landscape continuity along Gothard Street. LU 9 Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. LU 9.5 Provide for the development of housing for senior citizens, the physically and mentally challenged, and very low, low and moderate4ncome families. The project will provide five, three-bedroom units, which shall be made affordable to moderate- income households. The proposed affordable units will provide opportunities for the diverse economic needs of existing and future residents of Huntington Beach. HE 3.1: Facilitate the development of housing for low and moderate-income households,which are compatible with and complements adjacent uses and is located in close proximity to public and commercial services. HE 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. (G.TCWOAW5\TTM 16740;CUP 04-42) Attachment No. 1.2 t HE 4.1: Mitigate any potential governmental constraints to housing production and affordability. The project will provide a total of 28 additional units. The type of units will include 23 market-rate units and five affordable units. The development is located in close proximity to existing commercial services located at the northwest comer of Main Street and Yorktown Avenue and the southwest comer of Goldenwest Street and Garfield Avenue. Policies UD 1.1.2. Coordinate streetscape and landscape design in all residential neighborhoods to strengthen their identities. The subject site is located within the HSSP, which provides Community Theme Guidelines intended to promote individual neighborhood identities and promote the interrelationships between complementary land uses and community open space features. The dwelling units are oriented parallel to streets. The applicant proposes a 15 feet wide landscaped planter along Gothard Street consistent with the landscaping requirements of the HSSP and providing the neighborhood identity and interrelationship of the area. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16740: 1. The Tentative Tract Map No. 16740 for the consolidation of two parcels totaling approximately 1.90 acres (82,624 sq.ft.) into one lot for condominium purposes received and dated July 13, 2005 shall be the.approved layout. 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney, at least 90 days before City Council action on the final map. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the Final Map: a. The draft Affordable Housing Program received and dated July 13,2005 identifying five on-site units for-sale as affordable(based upon minimum 15%of the total 28 units proposed for the site), as amended by the:conditions below, shall be the approved program. An Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Planning Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance-hf the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.26 and include: i. A detailed description of the type, size and location of the five affordable housing for-sale units on-site. There shall be five units with three bedrooms. The for-sale units shall be dispersed throughout the project (one affordable unit per building). ii. There shall be five units affordable to moderate-income households (income Level up to 120% of Orange County median). The Orange County median income is adjusted for appropriate household size. iii. Continuous affordability provisions for a period of 60 years. Any required for-sale affordable units shall be owner-occupied (not rented or leased). (G:\PC\NOA\05\TTM 16740,CUP 04-42) Attachment No. 1.3 k The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first market rate residential unit(s) 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. 4. A privately maintained lighting system, consistent with City standards, shall be constructed along the private driveways in this subdivision. A photometric analysis shall be provided which demonstrates that such lighting will not negatively impact the existing or future residences to the north, south and west. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 04-42: 1. The site plan, floor plans, and elevations received and dated July 13, 2005, shall be the conceptually approved design with the following modifications: a. The landscaped median located within the main entrance to the site shall be removed and relocated to either the north side of the drive aisle or the south adjacent to the sidewalk. b. A minimum three-foot wide landscaped planter shall be provided along the westerly side of Unit No. 8 between the building wall and abutting drive aisle. 'c. Walkways shall be extended to the open parking spaces located between Bldg. E, F and G. d. Grass-crete or turf-block shall be provided in front of the crash gate within the first 15 feet of the property along Gothard Street. Final Design of the emergency Fire Department exit shall be reviewed and approved by the Planning Department and Fire Department. e. In addition to the pilasters the proposed split face block wall located along Gothard Street shall incorporate a minimum 184nch high raised planter for at least 10 ft. at 50 ft. maximum intervals. 2. The 15 ft. wide landscaped planter along Gothard Street shall be planted with 36-inch box evergreen trees (such as broadleaf evergreens)which will be maintained by the Home Owners Association to effectively screen the residences from existing industrial uses to the west. Tree maintenance shall be in accord with the International Society of Arborists(ISA) standards; Mopping" is not permitted. Screening shall be from the top of the wall to the highest point of the tree without"topping"the tree. The tree-planting pattern shall be consistent with the planting pattern for the Bel Air(south of Ernest Avenue) and Bonanni subdivisions for a consistent pattern along Gothard Street. 3. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans, elevations, and color schemes pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. Zoning entitlement conditions of approval and applicable code requirements shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits(architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 4. Tentative Tract Map No. 16740 and Conditional Use Permit No. 04-42 shall comply with all applicable mitigation measures of FEIR No. 89-1. (G:IPCWOA\051TTM 16740;CUP 04-42) Attachment No. 1.4 INDEMNIFICATION AND HOLD HAJIMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorneys fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (G:\PCWOA\051TTM 16740;CUP 0442) Attachment No. 1.5 ATTACHMENT 5 ALL OF TENTATIVE TRACT NO, 16740 - - ACCEPTED AND FILED AT THE -- SHEET 1 OF 4 SHEETS REQUEST OF NUMBER OF LOTS: 1 COMIOMEALTH LAND TITLE M MMICE COMPANY TOTAL UNITS: 28 - - - DATETIME FEE Z TOTAL ACREAGE: DATE OF SURVEY. ACRES U Nfi=005 ACRES TRACT iV O. 1.6740 UMENT NO MISCELLANEOUS—PAGE APS DATE StiRVEY. AUGUST 2005 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA TOM DALY BEING A SUBDIVISION OF LOTS 17.18,19 MO A PORTION OF LOT 20 9I BLOB(V OF*GARFELD STREET ADDITION TO COUNTY CLERK-RECORDER HUNTINGTON BEACH'M THE CITY OF HUNiINGTON BEACH AS SHM ON A MAP FLED IN BOOK 7.PAGE 27 Be 2B OF MISCELLANEOUS MAPS,BI THE OFFICE OF THE COUNTY RECORDER OF ORANGE CUM.CALIFORNIA BY: FOR CONDOMINIUM PURPOSES DEPUTY WALTER F. LUTDIN, L.S. 7707 DADS CONSULTANTS OWNERSHIP CERTIFICATE CITY ENGINEER'S STATEMENT WE THE UHDERSaiM BANG ALL PARTIES HAMM ANY RECORD TIRE INTEREST I HEREBY STATE THAT I HAVE ENAMNED THE ABOVE RUERENCED MAP ND HAVE FOUR IN THE LAID COVERED BY THIS MAP,DO HISR BY CONSENT TO THE PREPARA7M IT TO N SUBSTANTIALLY IN CONFORMANCE NTH THE TENTATIVE MAP,IF REQUIRED,AS AND RECORDATION OF SAID MAP.AS SHONW WRMN THE DfSINC71VE BORDER LINE FLED WRL AMENDED AND APPROVED BY THE CITY PLANNING COMMISS OM THAT All PROVISIONS OF RE SUBOVISION MAP ACT AND CITY SUBDIVISION REG LARONS HAVE BEEN WE HE7 EBY OEOCATE TO THE PUBLIC FOR STREET AND UTILITY PURPOSES:GORIARD COMPUD WTH. STREET RNS STATEMENT WILL HATE EFFECT UPON TTE DATE KHM THE COLINTY OF DRAW W:ALSO HEREBY DEDICATE TO THE CITY OF HUNTINGTON BEACH APPROVES THE MAP AS TECHNICALLY COHIECT. 1. A BLANKET EASEMENT OVER LOT 1,FOR POLICE,FIRE AHD EMERGENCY SERVICE DATED THIS—DAY O" .2006 ACCESS PURPOSES. 2.THE DOMESTIC WATER SYSTEM AND APPURTENANCES SHOW ON THE IMPROVEMENT PLANS FOR THIS MAP BY: .0 THE EASEMENT FOR DOMESTIC WATER SYSTEM PURPOSES AS SHONW ON SAID MAP. CITY ENGINEER - R.CE Na 47961 WE ALSO HEREBY RETIASE AND RELINQUISH TO THE CITY OF HUNIMIFO l BEACH CITY OF TM MGMN BEACH EXP MN DATE:12/31/07 4. ALL VEHICULAR ACCESS RIGHTS TO GOTHARD STREET EXCEPT AT LOC4705 APPROVED BY THE PLAN"COMMISSION. : TUSCANY DEVELOPMENT,INC A CAIFOIMA CORPORA MIL SURVEYOR'S STATEMENT TINS MAP WAS PREPARED BY ME OR UNDER MY DIECTION AND IS BASED UPON A FIELD or " BY.' �i�n.17l/CG�Lfn SURVEYw AT THE T O THE NCESNo 4 U , CALIFORNIANSOH MAP ACT AND BI LOCAL !L/i/iy /(3f�(h OI�NANff AT 7FE REQUEST OF ENTICES HB 1,LLC,A CAT UY7ED UABM:ITY COMPANY TIRE:PRESIDENT TIRE: 7RESISEC ON AUGUST 2005. 1 HEREBY STATE THAT ALL MO EMINTS ARE OF THE O ARAC7ER AND OCCUPY THE POSITION CALIFORNIA SAW B TRUST A CALIFORMA BAMONG CORPORATION,NJEfICIARY IAICAMD,OR THAT THEY WLL BE SET IN SUCH POSYRINS AND THAT SAID MONUMENTS ARE UNDER DEED OF TRUST RECORDED ACNE IST 2006 AS WSIRLWENT SUTICIEHlT 70 ENABLE THE SURVEY TO BE RETRACED. Na I HEREBY STATE THAT INS FINAL MAP SUBSTANTWL.Y CONFORMS TO THE CODITTONALLY D APPROVED ffNTARW MAP. Mt BY. ✓A lam' TIRE:VICE PRESIDENT iRIE: T WATER F UVM,LS 7707 FRANCES H S(U.4 A CALIFORMA LIMITED UA&UTY COMPANY,BENEFICIARY UNDER EW.72TIILQi REOSTRABON EXPMPES:12/31/06 DEED OF TRUST RECORDED JAW 1.Z006 AS INSTRUMENT NO.200B000369066 OR. WA 7707 BY 4A_ BY. 44,00�'/K/ v has TIME: *f-AARTTie TITLE•AYe�ofiwt . CITY PLANNING COMMISSION CERTIFICATE 1,NOMMOMOMP,SECRETARY TO THE MANNING COIMNSSION OF THE CITY OF -NOTARY ACKNOWLEDGMENT - HUNTNNcmW BEACH,CAUFMAk 00 HEREBY CERTIFY THAT RAVE MMINED THIS MAP STATE OF CAUFOWA - AND HAVE FOUND IT 70 N SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP FLO COUNTY OF Anw-P INTK AMENDED AND APPROVED BY THE HlNN110407001 PLANNING BEACH CITY PLAING ON THIS✓ynt.4-4,47999 BEFORE HE Z4.n Ai COAMISSON DATED THIS DAY OF .2006. PERSONALLY APPEARED germ C•Ke/fCn and& r v`9k/Tr _ (DAY) (—IH) PER9�BMMVfi1-RMO01 (OR PROVED TO ME ON THE BASIS OF SATISFACTORY. SECIUARY EVIDENCE)TO BE THE PERSONS)NOSE NAMES) lO 1)E CITY OF HUNTINGTON BEACH MAHIaac COMMISSION W1Hw wSRRUMENT A7MOWEDGED TO ME THAT EJECUIED 5AE w tN1574�i AUTHOW2ED CAPACI7Y(ES),A!D THAT BY M*4-41ap . SIGNARATE(S)ON THE MM AIENT THE PERSON(S),OR THE ENTITY UPON NHALF OF WITCH THE PERSON(S)ACRD,E)EOLUED THE INSIRTMIENT. COUNTY SURVEYOR'S STATEMENT WTNESS MY HAND AID OFFICIAL SEAL I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FO IO THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COUPLED NTH AM 1 AM SA71SM SAID MAP IS TECHNICALLY CORRECT,RELATIVE TO THE - : SIGNATURE Cbnw,elm�iblMto TRACT MAP BOUNDARY. 100 Ibby v.uc.Cdlab a..o.W - - DATED 7HE5 DAY OF .2006 Nw,oc41 .NOTARY ACKNOWLEDGMENT STATE N CALM NA - - RAYMOND L MARE COUNTY SURVEYOR 0Ow7Y OF a-fio— ��( ` 4 pp LS 6185 DIPIRATIO N DATE 03/31/08 CW THIS y[B2ti!.-JVe*BEFORE ME _w z&m22i - PERSONALLY APPEARED Fr/n Johnsen ata .�n COUNTY TREASURER-TAX 1 FCTOR'S CERTIFICATE A. Knhaat siATE OF CALIFORNIA ) )SS PERSONALLY KNOWN RI ME C"TY OF ORANGE ) TO 8E THE PERSONS)WFOS'E NAA/E(S)NS, SUEISC&ND TO THE WRMN INSTRUMENT ACIMONLEDOED TO ME THAT NE7Q'i16 )E)ECIIEO THE 1 EERMY CERTIFY THAT ACCORDING M THE RECORDS O MY MICE,THERE ARE NO SAME w 4=;ai1U7NORl2ED CAPACITY(ES),AND THAT BY M6C/AIGR LENS AaMNST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAIDSIGNAT7IRE(S)ON THE INSMNENT RE PERSOI(S),OR THE ENTITY UPCw STATE CWNTY,MXdCPAL OR LOCAL TAXES OR SPECIAL ASSESSMEUTS WIECTED AS O N ICH THE PERSON(S)ACTED.DECUTED THE INSTRUMENT. TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. WITNESS MY HAND AND OFFICIAL SEAL Y AND DO CERTIFY CERY It)THE THE RECORDER OF COMITY THAT TIE PROVISIONS OF SICNA LURE(ti� y'�[ THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WIN REGARDING DEPOSITS TO canwow.s te:telo SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. o,mo.cwA. - Wcan.b.f+�:e+oscb:Io DATED THIS DAY OF .2006. NOTARY ACKNOWLEDGMENT - - (DAY) (MOUN) STATE OF CALIFORNIA COUNTY OF/�F� �nN.MOORLACHTAxCOLLECTt7R BY• ON THIS uwNc• WOE ME F--LC/'/ i ,�� / - DEPUTY 7REASURFR-TAX PERSONMJ.Y APPEARED /ieY%A� /� KG/>LLI' Adr-A dR f8 (OR PROVED 70 ME ON BASIS OF SAWACTORY EVIDENCE)TO BE ONE PERSON(S)ADS£NAME(S)MAWSUBSMOED TO THE WRWN INSMAENT AND AOMOW@OED TO ME THAT W7WA6D7EfECU7ED THE SAME IN HKyrilW/�HMURTORIZED CAPACITIQ'ES�AND THAT Fi4e aj&_� SIGNARIRE(S)ON 1RRTE'wSTRLNENT THE PERSON(S).OR RE ENTITY IMON BEHALF O W#C H RE PERSON(S)ACTED.EXECUTED THE INSTRUMENT. : WIPESS MY HAND AND OFFICIAL SEAL TAN pN Camttlm b lbttbl0 SEE SHEET 2 OF 4 FOR CITY CLERK'S CERTIFICATE ' -SWWARIRE�-/I 3w--wcomm�_lF�.oecq ALL OF TENTATIVE TRACT NO.16740 TOTALUSHEET 2 4SHEETS TRACT NO. 16740 tANABERED LOT 1 TOTAL MTS:28 TOTAL ACREA(E: GROSS=apes ACRES a NEr=1.Bss ACRES IN THE CITY OF HUNTINGTON BEACH, COUNTY.OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY:AUGUST 2005 FOR CONDOMINIUM PURPOSES AUGUST 2005 WALTER F. LUNDIN, L.S. 7707. CITY CLERK'S CERTIFICATE STATE OF C4 UFORHIA ) ) SS COUNTY OF ORANGE ). I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF UNW IM ON BEACH AT A REGULAR MEETING THEREOF HELD ON 7HE DAY OF 2006 AND THAT THEREUPON SAID COUNCIL D61 BY AN ORDER DULY PASSED AND ENTERED,APPROVE SAID MAP AND DIN ACCEPT ON BEHALF OF THE PURUC SUBJECT TO DCPROVEMENT$THE DEOICAIWN FOR STREET AND U7YUTY PURPOSES OF G07HARD STREET.AND DID ALSO ACCEPT ON BEHALF OF 711E CITY OF HUNIMTCN BEACH. - - 1. A BLANKET EASEMENT OVER LOT 1,FOR POLICE,FIRE AND EMERXNCY SERVICES ACCESS PURPOSES _ 2 M DOMESTIC WATER SYSTEM MIN APPURTENANCES SHONN GV 711E AFROVflIHNT - PLANS FOR THUS MAP. 3. BE EASEMENT FOR OLYVES7IC WATER SYSTEM PURPOSES AS DEDICATED CW M MAP. 4.. THE VEHICULAR ACCESS RIGHTS TO GO7HARD STREET AS RELEASED AND REUNOIASNED. AND DID ALSO APPROVE SRT.£CT MAP PURSUANT TO THE PROVISIONS OF SECTION 68436(nx3)(A)d OF 7HE StUIRDAISM AFAP ACT. DATED M DAY OF 20M JOAN L FLYNN,CITY CLERK BY. CITY OF HLWTMTDN BEACH DEPUTY _ ALL OF TENTATIVE TRACT NO.16740 SHEET 3 OF 45E.E75 -- - TRACT N O. 16740 NUMBERED LOT i TOTAL UNITS:ze TOTAL ACREAGE - I2.O66 ACRES d NET=1.696 ACRES IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY:AUGUST 2005 FOR CONDOMINIUM PURPOSES AUGUST 2005 WALTER F. LUNDIN, L.S. 7707. DPS PONT Na 5051 0 CE 1 N (' REPpD OI-/Pw W FKF N R a NE LNAwE COLN7Y 2•P qED SASS TAG STRIPED%ICE EN K ON tB'N KEEL.MAW- SUPIX FD 3'C7Y OF HUNWM ON 6EACH DW STAIPfD Y'N CGIC DN a0S N N Z979 As a NERSFCIH7N 6 HEST S(.!6AfdE7D AM`_ wH.NCNNENT.ACCEPTED AS a W E2gTTKN OF WIN ST SMITH!dRFlE1D AWE N 60274Ja26B - - E 60271W.BN FD 'P w7N UEMEPER TAG N M497 N 2t97917661 92 IFL4KNEN7,ON)6'AE7t 1RACf 16497 WISCS OF Kam.Wr4rw.K.��.GPa'KO ♦D Y P wRt TAG SDVPEO 00'SD BN E raNXIa2aJ2 Sar(S00' BK BBD/y5_76 IIIt ACYEPiED AS s Fr {2$57.9T fND) N IIBL NaWUEnx ON 15•PER Mir /1 f.FEgl'R)a WT.aYP[ID A.a Qt..ST. ¢Q�Q A11QKK ]6 {97 BC 8B0 36 Al AQTPAD iJ20.13' 3Yai 66a47- AS a MT AW-a NDILY ST. 577.46, s77. \ , I / 655.47 (057417 \ SEE M7Ak AJ _ R i \ ———————sBYAY°YE coma' -(Mml——————-\ TIMES StIEE7 If��y�- yIr i \'�• I I I I�Jo• ,,' I o Z27&- W I ;<_ 3347'PER EN BBO/25-20 W," `7•: V ' � � 14:w/C 'EDSDAB'.INFDFD NA[!TAG IS 7707 N MU4BY PIERA7KNN UM UE 2'P FER TRACT16M7aK&'0/7S26 W 1u7 fFR JM14' mal N6P4736Y JDan {JOQtYL W W0/2$-26W �& IA6.Y Y7J3Y FD MAL a TAG LS 77D7 N IRO. ���;S-�,'1 N079Y.H•P DOC (2e woq %f r 7619 a� Z w �A°o4S°� ls} u�P ABUMED ww wR Ex7ommEEISECM�BOOM�uaTw •<' < :, �•� LOT M PIN GANELD STREET AONNXF 70 I ° F, �O°� }�T MKINGT N BEACH MAP ROOMED W ROOM 747-� Ch I A�4276Y— 2sa 7Y /�, i}°o° 6TAB{ W BY Xp,lG PARAUU 70 In AcESS ma TO comAm sr.RIEE.ISFD! - MAN SMELT 7A S MR CET ffpNRA€OF I o' ' s REER/QU'9®ro NE NW0 aF MMIMM NJ�A�SNF//,�ySHEET As PER FL SMELT 07,PI7 1' aACLI EXCEPT Ar APPRDVD ULA:11Dt/5 /N.N7N9 NAP ro W 7/27-21 M1M1.ye TD I -$ LOT 1 J ID XmNwc FD�KM a N ES Jw PEw 8 LEIN A WT � � � TRACT IM7W BN7/25--25 W FEU91 ACCEPTED AS a R 5� k MYYfW1Y / p� AREA O I W yy$ xwmEcroTnXi FIED 70 aecr OF X DI I D A FlA'P'035 PER ENS /0"�b'YAP. g 0 b00� ? I g n t1YE5 = oe 4 C Fme+R'26Y— taJsr' _ So" a ° /<p�p FD 2'P wR NEGIME TAG a N MaLMONNEFIT•DN I6' PER TRACT I61a7 aK c60/ ACCESS anW;a-Y ha I 2$-Ic W ACCEPTED AS$IT —To a NT.GAtIFiFED AVE a CRYSTAL ST. �`'� ' d�• 3? /0.Y / I XEa4303*w sca42'(4' N82• irs2sr rs2BB / 'rO" / 9THINGY M]FiffC q'" D - I 7M1CTa''7 aK MO/ FD SPK d It ES 3317 PER 252E W \PN 2000-207 RW J2545-37 /' / / - I EEE��� Iv 8 22 �y g If MACCTT 1 �(64V 660/P5-26 W // I JO NIS ID P P DP&TAG IS 7707 N LED OF i'P N'IX R AST7G FEOG.IS ffW DN ai'PER I I \ TRACT IBsa7 BN B6D/45 266 W \ 1 L4lIWNE NTERSEA&CE aAY 7n sPK a rA51ER Es Jul RR CLAY AW.SW4M E 0.07 � 8 r TRAcr i6/67 we e6D/RS-2s W E DIAY ATEMF / �1A9' (291.897 -- M62Y (JK22) Y TO"M a NA9ER IS 3717 PET! NBF42.OIY H6ati' (66a117 SCALE: 1•>eBD• TRACT 761W BK B00/25-26 W - PD 2•P KTM KLEY:BIE TAG N KELL Fim ACCEPTED AS a NT.CLAY pf 2Y PER TRACT 1607 AVE,AND GO➢WD ST. NT 060/`[5-26 Aft ACM90 MONUMENT NOTES AS a NT.CLAY AVE.AND VAN ST BASIS OF BEARINGS • NOICAIES FOM NOMAENT AS NOTED hvcw NOM TP BEAPNGS SHONH PM#ON ARE EASED ON T7fE O NMGiRS SEARCR AND FOUND WTHK SET 2'LP,FUM NM TAGGED LS 7707 - 5EE wu J OF J FOR EASEMENT PLOT - B£AWNRANG a51 STA70 V G CONTROL MESS ORAW NOTED 5TA>M1N CPS NO.W 51T57 d RECORDS CPS L 505E DFMfi NB743'03Y fER RECORDS OF FILL M THE WCAES FOND MNXE 0"TY SIRI£YOR'S RGIVONTAL C NBCE MC KWENT OFFHCE OF 7NE ORANGE COUNTY SURVEYOR. PER RECDIDS ON FILE N RE ffW OF THE ORANGE COUNTY SURVE' IP IKYESS - RECORD DATA AND REF_NOTES ONERIRSE NOTED. () PER]RACY Na I6497.4fCOPOFD M BK 880/2526 11N OATETY ST SH0100 T .L.LsN70 PPE ww TAG STATIST 1S 770 STANFED S OR SPAR AND T AT A S801A COOR�NIES S7F EN ARE BASED LW THE CALPOlD/A WNW 90 DDA7S�OF OF TO ALL BOIREWRY (]AFROMOnS RAID BY RE C07!✓ TE REMOr c�F� (1 TF991-35�FS OCS a-S J)J?�N0 7957 Il1o. COENMS J AWCH 200E AS DOCOWNT 12W4000197Ja5 O.R. ALL DISTANCES SHOIEN ARE GROUND UAEESS OPERNISE j) PER G41UD SNtFT ADUNIN 70 HU NIMW7DW 8EA0V MAP � BY a AW �A(1#TRtr GROUND R&VM YV 7A7-2& i ALL OF TENTATIVE TRACT NO.16740SHUT - TOTAL4OF45HkElS - TRACT NO. 16740 NUMBERED LOT 1 TOTAL A: _ - Toru ACREAGE- REAGE: CRos5=2.066.ACRES x NET=1.996 ACRES IN THE CITY-OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CAUFORNIA DATE OF SURVEY:AUGUST 2005 FOR CONDOMINIUM PURPOSES AUGUST 2005 WALTER F. LUNDIN,LS 7707. I -00' N894 293.3r 2'36'W 27a3r I - 1 � � N694276'W 105.33' i g 0 -- — iA /fA9 42J6' 95.33' 3 f ( �N894236W 6.00" IN o I 2 I I� NB94736'W 6.00' n B I IY I I �g AM'4236"w 6.00' a I 8� g N6942769F 6.00'.. ( I I I ————————————— ———————————————— I IR I I � � I y ¢ I NW42'36'W 6.00' I � Z I g� � I a �--N69'42'36"w 6.00' . 2 M89'4236 W 8 00, — ———————————- — ————————— C I _ I 8 NB942:T6'W&00'3 I w TI I 4 sl I•a r I� I I 13 I I� I I� I I MW4236'W 500' ------------t ----- g8 qNF SCALE• 1"a20' N69.4236'W I.' � I p S89'4236 E 8 Epp• 20.00'�.3 IQ ceecurulT NOTE a A-M46' A 56942T6E ml'- rn _ . L-10.10' I OA NIYOAtES AN EASEEENT FOR D0IESW NATER S157EM RMP06ES DEDICATED ON c —— SW4236 E —0.110'———�y I DES MW TO DIE CM(i NUNMMtAV BE4W - O reows EASEm FER RMIC sm"UT90T'Rffm(RANTED TD CITY 0`WUNTM MN BEACH PER DOCIBEM RECCI M MAY 31.IM AS MISME ENT —— 589'42�'E — ———101.6r y N0 19OW4492 CIA R=�oo © MOTES EASEIIENT FOR R010 PEfflM(WANED TO CITY OF HUNIMMT BEACH PER DOaWa RETX M ANUARY 2 19M AS NSMUWNr Na 199BXM038 OR. 26.41' 126. QD MAGTEs EASDENr FCW ROAD PONP0s25 AND mcmTAE RMPOSEs awn TD NB94219'E' 152.91• CITY Or EAN91610N BEACH PER DOCIAENT R OMM JW 25.IM AS NSTNIAIFNT Not 96-40TBT3 OR.&98-4D3BS4 CIA I ATTACHMENT 6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF UNTINGTON BEACH AND Wit✓54 . / //V c- FOR TRACT NO. Z 7 aJ) THIS AGREEMENT ("Agreement") is entered into this day of 2 D D , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY"' and f'(�5 c l , ����Zc?. ��� //_�a California corporation, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. U ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/6/15/04-A 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, 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; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all 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 the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/6/15/04-A 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date 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 herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as 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 any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-01/6/15/04-A 3 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, i the amount of ` 7 E>�® 00 �z7tollars ($ j ), which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of- Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/6/15/04-A 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of av o11ars ($ which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/6/15/04-A 5 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) 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 nonnegligent) 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. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($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 One agree/forms/subdiv 10-18-01/6/15/04-A 6 Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30) days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/forms/subdiv 10-18-01/6/15/04-A 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/forms/subdiv 10-18-01/6/15/04-A 8 TO CITY: TO SUBDIVIDER: City of Huntington Beach /��� /��r��2e /Za/%0/VC ATTN: Director of Public Works p 2000 Main Street �' v f Huntington Beach, CA 92648 -3 Cal c, —/d 6D 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/forms/subdiv 10-18-01/6/15/04-A 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/6/15/04-A 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all agree/forms/subdiv 10-18-01/6/15/04-A 11 prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a ��sc.�,✓ � 71f .�� �i /�'`� municipal corporation of the State of California By. __....mb.___ Mayor print name ITS: (circle one)Chainnan/President/Vice Presider AND City Jerk By A�Z,L`"C_..-_ ! APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/AsYtits City Attorn ` Da Secretary—Treasurer INITIATED AND APPROVED: REVIEWED AND APPROVED: City Engine r C y Administrator agree/forms/subdiv 10-18-01/6/15/04-A 12 QflA S INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Christi Mendoza, Risk Management 2. Date: July 1.1, 2006 3. Name of contractor/permittee: Tuscany Development Inc. 4. Description of work to be performed: Construction of 28 condomir"ms for Tract 16740 "Tuscany Development Pro, 5. Value and length of contract: $8,500,000: 10-12 months 6. Waiver/modification request: $50,000 deductible and cancellation claw,.wQrdinc ,,, . 7. Reason for request and why it should be granted: Unable to comply with the city''s'±zero deductible and cancellation clause wording insurance requirements 8. Identify the risks to the City in approving this waiver/modification: None -7111 /0� Depa t He d Signature ate: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management aqd thi City Attorney's office disagree. 1. Ri Management , r pproved __,Signature Date 2. City Attorney's Offic proved ❑ Denie vh S ig ature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be Bled with the Risk Management Division of Administrative Services From:Gisela Saporiti At:Cragin&Pike,Inc. FaxID:Cragin and Pike To:Ctvisti Mendoza Date:7/10106 04:03 PM Page:2 of 4 TUSCDEV-01 SAGI ACORDrM CERTIFICATE OF LIABILITY INSURANCE °A711 ' PRODUCER (702)877-1111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cragin&Pike,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2603 W.ChaNeston Blvd. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Las Vegas,NV 89102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Tuscany Development,Inc. INSURER Interstate Fire&Casualty ''.. 18281 Gothard Street.Sufte 201 INSISTER B: Huntington Beach,CA 92648- INSURER C- INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rq POLICY NUMBER POLICY EFFECTIVE POLICY EXP TION LB/RS GENERAL LIABLITY EACH OCCURRENCE $ 1,000+0 A X X COMMERCIAL GENERAL LIABILITY SGL1000151 5125/2006 512512008 PREMISES Ea ocourenca $ 50.00 CLAIMS MADE Fil OCCUR HIED EXP(Arty one person) $ Exclude( X DEDUCTIBLE:$60,000. PERSONAL&ADV INJURY $ 1,000,00 X BI and PD per occurrence GENERAL AGGREGATE $ 2,00010 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1.000,00 X POLICY IRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ee accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per acadent) GARAGE LIABIL" ��� AUTO ONLY-EA ACCIDENT $ p ANY AUTO 1'f.i"r A4 OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSAAISRELLA LIABILITY JENNT icfjEACH OCCURRENCE $ OCCUR CLAIMS MALE My VEY AGGREGATE $ — --- $ DEDUCnBLE $ RETENTION $ $ WCSTATU- OTH- WORKERS COWENSATION AND T 11 I EMPLOYERS'LIABILITY ANY PROPRIETOPJPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICER,EMBER EXCLUDED? E.L.DISEASE.-EA EMPLOYEE $ It yes describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS E:Various Building Permits for Construction of 28 Townhomes o be located at 19150 Gothard Street-Tract No.16740,Huntington Beach,CA 92648. City of Huntington Beach is named as Additional Insured per attached endorsement CG 29 35 1188, The Insurance afforded Is primary coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach - DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR To MNL 30 DAYS wRITiEN Christi Mendoza, Adm.Sec. Risk Mgt, Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAME TO THE LEFT,BUT FAILURE TO DO so SHALL 2000 Main Street tWOSE NO OBLIGATION OR LIABILITY OF ANY KIM UPON THE INSURER,ITS AGENTS OR Huntington Beach,CA 92648- REPRESENTATIVES. AUTHORItt�REPRESENTATIVE a ACORD 25(2001108) CJ 0ACORD CORPORATION 1988 From:Gisela 8apcdb At Cragin 8 Pike,Inc. FaxID:Cragin and Pike To:Clxis!Mendoza Date:7/10/06 04:03 PM Page:4 of 4 COMMERICAL GENERAL LIABILITY CIS 29 35 11 88 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED—STATE OR POLITICAL SUBDIVISIONS—PERMITS This endorsement modifies insurance provided under the foilowing: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE State or Political Subdivision: City of Huntington Beach,Its officers,officials,employees,agents and volunteers. Re:19150 Gothard Street,Tract#16740,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 any state or political subdivision shown in the Schedule,subject to the following provisions: 1.This insurance apples only with respect to operations perkaned by you or on your behalf for which the state or political subdivision has issued a permit_ 2.This.insurance does not apply to: a."Bodily injury"or"property damage"arising out of operations performed for the state or municipality;or b.`Bodily lljuW or`property damage"included within the"products completed operations hazard," i CG 29 3811 88 ® Insurance Services Offlce,Inc.,1988 1 i E, I From:GiseW Saporta At Cragin&P%w tm. FaxiD:Cragin and Pike To:Christ Mendoza Dam:MOM 04:03 PM Rage:3 of 4 TUSODEV-01 SAGI IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or after the coverage afforded by the policies listed thereon. ACORD 25(20911M) Fran:Gisela Saporik At:Cragin&Pike,Inc. FaxlD:Cragin and Pike To:Christi Mendoza Date:7110M6 04:03 PM Page:t of 4 Cragin & Pike Established 1 W9 Phone: (702)877-1111 Fax: (702)258-3354 2603 W. Charleston Blvd. E-r ail: saporiti@cragin-pike.com Las Vegas, NV 89102 From: Gisela Saporitl To: Christi Mendota Pages: 4 Fax: (714)536-5212 Date: 7/10106 04.03:48 PM Phone: ( ) - Subject: Tuscant Development Message: ATTN: CHRISTI MEND©ZA RISK MANAGEMENT Attached is the requested certificate of insurance. Please let us know if you require anything further. Thank You, Gisela Saporiti S lty CITY OF HltTNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 Hun' Declaration of Non-Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 1 certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation insurance. Applicant/Company Name: U5 C JIU �2 eV_ //L' C Address: Z S Applicant's Signature: Title: 6,,y 1v Location Signed: t ' Telephone Number: ATTACHMENT 7 ' '' gpNpNp.863980S _ - P'REMItAYt$ AIONtHI�lrT BOND KNOVV ALL MEAT BY TKSE PRESENTS: THAT TUSCANY DEVELOPMENT, INC.,A CALIFORNIA CORPOR/aTION as Subdivider of Tmd No.16740 in the City of Huntington Beach,County of OfmVo,Stale of Caltrnia,hag submitled lu said Cityy a Final Map of said tract aontel ng an engineers or ameveyoes oer0cale at dkq that aft final mommrxds will be set in the poefto kidicated on or before the dale spedned in said carlificaW. Thal said TUSCANY DEVELOPMENT, INC.,A CALIFORNIA CORPOJRATION {Sub&fder)I as pdnPd.mW INDEMNITY COMPANY OF CALIFORNIA as surety,hereby guarantee lo the City of Huntington Reach the payment of The cost of setting all erica muxrwnrrnis wNbin or in oorm bon with sold tract,as are not already set pior to the recorft of said Final Map,in acoadance w1h said map and said cerlificale up to but not to excess of the aran of $2,500.00 in which subs we are held and tirrrdy borsrd to the City of Huntington Beach,al In aacordanoe with and subject to the terms.oondiko aid Movieions of Arfi*9,Chapter 4 of the Government Code of the State of Cafforda IN WITNESS MiEREQF,we have executed this indunent this 17th day of JULY 2006 _ TUSCANY DEVELOPMENT, INC., A CALIF rllA CORP RA I N as Prir>rapai Do COMPANY OF CALIFORNIA asSuny / BETH V.WILSON,Attorney-in-Fact THOMAS J. BURNS,Attorney-in-Fact 9r+o9z.oE =cGRATH, y Attorney �/ay(ab NEVADA STATE OFVIII(A ) CLARK ) SS COUNTY OF QW" ) ON .fuly 17.2006 ,BEFORE ME, GINA M. NOAHR A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED E LIZABETH V.W I LS ON AND THOMAS J. BURNS PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE DIS77 MENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY D a otary Public-State of Nevada SIGNATURIa "( ( J ((J)-- MY PRINCPAL PLACE OF BUSINESS IS County of Clark N OTARYPUBLIC IN AND FOR SAID STATE IN CLARK �IITY GINA M.NOAHR My Appointment Expires GINA M. NOAHR No:01-72301-1 November 8,2009 mpm (NAME PRINTED) MY COMMISSION EXPIRES 11/08/2009 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO HUE(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWI EDGES TO ME THAT THEY EXECUTED THE SAME IN?HEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE L'-NM UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS 1S NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES WWI a ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California/�n,��p County of ©l W►`99) O 1 1 �� before me, 1 t� d o 1r�.'► C, Dale Name and Title of Officer(e.g.,"Jane tary Public") personally appeared � t R C • 1�--" Name(s)of Signer(s) personally known to me ❑ evi ence) to be the person(s whose name(*is/ace subscribed to the within instrument and acknowledged to me that - - _ _ _ he/sW/tWy executed the same in hiS/b9rAkkir authorized JU CROFFORu capacity(jss), and that by his/hpaLth signature( on the Common#1537,43 instrument the person(A,_or the entity upon behalf of } n notary Public-CaMtomio which the person446 acted, executed the instrument. OKuw Couniv MVICOMITI-EMAII)SI019CM2004WITNESS my hand and official seal. Place Notary Seal Above gna re o tary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document _._ �y � Title or Type of Document: c(moMomcrIt <J�.�►-1 A Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner— ❑Limited ❑ General _ ❑ Partner — ❑Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas J. Burns, Elizabeth V. Wilson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. By: ,,�...AND�A, ON,PANYOF David H.Rhodes,Executive Vice-President I• "' ,4 N. O pO •,ayJ•,oGp"t�PO"�l�.'d►ys� �� OOP RqT�r OCT. e< Z ? OCT.5 a 10 c,5 1967 -0 By: 1936 .;0 2 o o SPA= Walter A.Crowell,Secretary �$;�7•' ,/OWp , 'Aa,•'•� ��/FOPS •.,d0 .........••`7�••• STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA L.GARNER COMM.#1569561 Signature (SEAL) NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My t�rrwn expires 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 17 thday of July 2006 Bond No. S By Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) BONA 110,863980S PRBaltAcd [CLUDED LABOR AND MATERIAL BOND WHEREAS,d*City counts of the City of Hudnglon Beach,Stale of California,and TUSCANY DEVELOPMENT,INC.,A CALIFORNIA CORPORATION (txYeirudl r dasfgoabd as'Prbhclpan have eii> W inb an agrawm4t reby pr6idpai agnee5 b install and=npW designated public tmproiRnienls,which said aWe MaK dated 1g and idenlfad TRACT 16740 Is referred In and made a put hereof;and WHREA&,wrierUse an of said apr pflndpalis required 9 q= the perfonnancrr of the work,b flea a good'and sulkier payment band wtli the City►of Hha*Om Beach We* the chime to which rdwerimis made in 7Ne 15(eorrrmacfrng with Secfai 3Oq of Part4 of Division 3 of cid code of the Staid of cawwrta. Now,iheretore,said pdriripat and the urhde*reed as corporals surrity,are held M* Wind urdo the Cky of Rmloglon Beach and ail oont'acoors,subco+Nraclors,laborem rnenrlatrien and odwpersons enVloyed in the Wbmmm ofthe aforesaid agreement and referred to in the aforesaid Codeof(W ftcg&minthesumofNINETY THREE THOUSAND FIVE HUNDRED AND NO1100 dottars($93,500.00 },for rriederlata f ffnished or labor therm of any Idnd,ork r amounts due under the Unempbpwdinsurance Act wife respecttosuch work oriabm that said my*will pay fie same in an amount hat wmaedfrig the amount hardnabove set flu and also In case suit is brought upon this bard,vA pay,in add ion b the We amountthu cost and reasonable eo9mm and fees,induding reasonable of n ao fees,ncwred by IICIW in sw emA*erifardt►g such obfgation,to be awarded and fxed by fie court,and b be taxed as roosts and b be irck dad in the judgment therein rondered. It Is hereby expressly s%Kd*d and agreed that this bond shah irinre b the berieft of any and al persons eomparrles aid oorpoWorrs afted b Ike dame wider Tile 15(eomnaidsig wkh Section 3(q of Pert 4 of Division 3 of the Civil Code,so as to give a right of action le trem of their assigns in any and brought upon this bond. Should lie wndition of this brand be fully periomred,Itch this obligalon shale bemm null and void,otherwise it shall be and rernan in fd locos and elect The surety hereby sipulalas and agrees that no change,exW don of km aft aft n or addrkon b fie terms of said Wwmant or the s*Acsfiois aceornpan*f the same shall bi any mc+nner �o P VED=TO JE F McGRATH ity ttome, v/.1 0 ollfedb oUlgellon on Lhis bond,and Itdoes hereby wain oaks of arty such dale,mansion,ab rallon ar addition, In witness whereof,ibis instnm d figs been ktf exectilod by the prb*d and sumty above named,on- _July 17th 2006 TUSCANY DEVELOPMENT,INC., A CALIF as Pdn deal AW B - w-f— I-wffw6Y COMPANY OF C FORNIA SDI+ / BETH V.WILSON,Attorney-in-Fact THOMAS J. BURNS,Attomey-in-Fact STATE OF t7BC1X4 NEVADA ) SS COUNTY OFAR00" CLARK ON July 17i2006 ,BEFORE ME. GINA M.NOAHR A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ELIZABETH V.W ILSON AND THOMAS J. BURNS PERSONALLY KNOWN TO ICE{OR PROVED TO ME ON THE BASS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAIVES ARE SUBSCRIBED TO THE WIITHW INSTRLAOIT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AI 7ii HIORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE RMMUM W IIRE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,E)MOSEI)THE INSTRUMEM .,� WlTN� , W ryPublic-StateofNevada� � eCourl fClarkt f/ / /c, G�j,L. MY PRINCIPAL PLACE OF BUSINl SS ISGINA M.NOAHR NOTARY PUR JC IN AND FOR SAID STATE IN CLARK Yy Appointment Expires No:©1-7 t-t November 8,200E GINA M. NOAHR {NAME PRINTED) MY COMMISSION pt,PLRES 11/08/2009 STATE OF CALIFORNIA ) S5 COUNTY TY OF ORANGE ) ON BEFORE ME; A NOTARY PUBIIC IN AND FOR SAID STATE.PERSO APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED ON THE BASI8 OF SATISFACTORY EVIDI TO BE THE PERSONS WHOSE NAMES TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY CUTi;D THE SAME IN THEIR AUTHORIM CAPACITIES, AND THAT BY THEIR SIGNATURES THE INSTRUMENT THE PERSONS,OR THE ENTRY UPON BEHALF OF WHICH THE PER ACTED,EXECUTED THE INSTRIuiI�(T. WITNESS MY KNOWN SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUL3W IN FOR NO STATE IN COUNTY mot ISSI PRINTED) MY COLA ON EMRES ,a 2 C -�-ac�ted '-hc - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �� .. "- Q On �P before me, - � V ►L� `V `G DaV ���� `/�1 Name and Title of officer(e.g.,"Jane Doe, otary Public") personally appeared !`��i c) C• T-�� Name(s)of Signers) ,personally known to me to be the personN whose name( is/m subscribed to the within instrument and acknowledged to me that he/s)te/ttwy executed the same in his/hb kpjr authorized JPLL CROFFORD capacity(iyls), and that by his/be AWir signature(4on the COmminion#1537143 instrument the person(ft or the entity upon behalf of a P"� COS° which the person(j,acted, executed the instrument. Mt►comm,bPkW Dec 20,2004 WITNESS my hand and official seal. Place Notary Seal Above S' atur of ary Public OPTIONAL Though the information below is not required by law,it may prove v uable to persons relying on the document and could prevent fraudulent removal and reattachment of this yform _to another document. Description of Attached Document WOO �M�. � mUCA�.(_�,��1 Title or Type of Document: �J� OO 1 C&_ acid Document Date: C,�I� to Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact • ❑Attorney in Fact Top of thumb here Top El Trustee ❑Trustee of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas 3. Burns, Elizabeth V. Wilson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. ••••,NN.,,,,,,, By: ;.••t.� AND�,�;•.,, N,PANYo David H.Rhodes,Executive Vice-President O O P R ••�yJ�.,Q'V ORq.•Fay', �G O P O 9 or B OCT. i< OCT.5 TO 'UA s a 10 C.,; w 1967 Zo By: �� 1936 \� 2 Walter A.Crowell,Secretary /Ow P••: as �//FOPa a 0'••........... STATE OF CALIFORNIA COUNTY OF ORANGE On December I,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA L.GARNER COMM.#1569561 Signature (SEAL) NOTARY PUBLIC CAUFORt" ORANGE COUNTY Uy Comm.expires AA 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the.date of this Certificate. This Certificate is executed in the City of Irvine,California,the 11 7thday of July 2006 Bond No. 863980S By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) BM No. 863980S pRgy" 4,114.00 FMMRJL PERFORUMCE BOND V&EREAS,gee(pity Counel Ode Cky of t G r*400 Beach.Stale of Cardo*and TUSCANY DEVELOPMENT, INQ. A CALIFORNIA CORPORATION Ow"illter designated as'prindpar)have entered k o aft agreernerrt Mweby prh*at Mm b iw" and mMiete design W pubic improvements,which said agronent,dated 19_ and idenIkd as project TRACT 16740 ,Is hereby re<erred b and made a part hereof;and WHEREAS,said prirrc 4 is requred under the terms of said agreenleM to hrntsh a bond for the baW d perfomtarrce d said agreement ' Nor►,therefor,we,gm psi and INDEMNITY COMPANY OF CALIFORNIA as surety,ft held and firmly bound uroo the(sty of Nn&o*n Beach,bare oWW called My,the Denal ONE HUNDRED EIGHTY SEVEN THOUSAND NO/100 Sum of dogan( 187,000,00 i lawfW rrroney of the Urrltad States.for flee paynwd of wtdeh sum weg and truth b be made,we hind orsseives,our hers,successors.execuors and adr*bbslom,ja*and mar*.it*by these presents• The corediloo o(this oblgabort is such Ihet Y Ibe above bounded prhw;*his or ib hft executom administ*M successors or assigns,shalt in al things stand b and abide by,and reel and NY keep and perform 2w voven4 cotton and prowWons in be skid agreement and ant+dWragm theraof made as ttrerein provided,on Its or Owk part b be kept and performed at the I=and in the marrrer Orange speeded,and to ag respects aceordkV b tok time intent and mearkrq,and"indearrMfy and save harrriless late,its oiri"%agentz and enVloyom as Ihmm slpdak4 then this oblW t(on stwl be=m will and void;ogwv&e k shag be and remain in fug force and effect As a part of the oblgalon secured hereby and in adddion to the face amW specified therefor,fte shall be included coals and reasonable expenses and lees,kwbxkV reasonable aoxWs Ws incurred by'Cky in sucr m4*enfoncirrg such t cation,all to be taxed as costs and kduded In any judgment rendered. i APy�p �1VED A TO F JE IFER cGRATH,Oi Attome Y The am*hereby otV dates and agrees that no charge,exbgWM of*K atlecalion or Whift b MO IbM of die agrawnW or b the work b be pabmed Mmunder or tits specilutons Pwift the same shah to anywise affect its ohtigations on iris bond,and Il doss hereby wam poke of any chs,AA exiensl nl of time,alWalion or addition to the terms of ft agrew"or b die work or io the spwmcca`ons. to wMMS whe*this Instrument has been duly execaled by dre principal and surety abm named,on 17th day of July 4b 2006 TUSCANY DEVELOPMENT, INC., A CALIFORNIA COR ORAT ON as t'rincipal BY INDE I O ANY OF CALIFOR IA �. ELIZABETH V.WILSON,Attorney-in-Fact BY O THOMAS J. BURNS,Attorney-in-Fact 2 STATE OF MIXI " NEVADA ) SS COLWY OFI9MJ KT" CLARK ON July 17, 2006 .BEFORE ME, GINAM. NOAHR ANOTARYPUBUCINANDFOR-SAIDSTATE,PERSQN MYAPPEARED ELIZABETH V.WILSON AND THOMAS J. BURNS PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBE TO THE WITWN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THSR AUTHORIZED CAPACITIES. AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INMUMEmT WITNESS MY (/ SIG NATU - ' ' ` MY PRINCIPAL PLACE OF BUSINESS IS Notary Public-State of Nevada NOTARY PUBLIC IN AND FOR SAID STATE 114 CLARK OOLVM County of Clark GINA M.NOAHR GINA M.NOAHR My Appointment Expires (NAME PRINTED) MY COMMISSION EaMmES 11/08/2009 No:01-7230t-1 November 8,2009 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) OW ' G BEFORE ME, aw A NOT UBUC IN AND FOR SAM STATE,PERSONALLY AND PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE S118SC TO THE wnm INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXEC SAME IN TTiEiR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE UMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ,EXECUTED THE 1NSTRUJMM. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS TVOTARY PUBLIC W SAID STATE IN COUNTY E PRINTE-D) MY COMMISSION EMPIRES cec� �-� 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1XC(A 99 j On D before me, G Date y { Name and Titl f Officer(e.g.," ne oe,Notary Public") personally appeared Name(s)of Signer(s) ,personally known to me to be the person(*whose name(4is/w subscribed to the within instrument and acknowledged to me that he/sK/th@ly executed the same in his/fjQxltUdr authorized JI LCROFFORD capacity(i), and that by his/har/tbeir signature(1) on the C°"V"hsl01#1537143 instrument the person(4, or the entity upon behalf of Hok ry Atft-CamOi° which the person(!.acted, executed the instrument. omnge Cry 1i6,WCo"vn.80ftD9C20.2004 WITNESS my hand and official seal. Place Notary Seal Above Si na of otary Public OPTIONAL Though the information below is not required by law,it may prove able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �(` Aft"d Document Date: W�� Number of Pages. a' Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer— Title(s): ❑ Partner — ❑Limited ❑ General _ El Partner — El Limited ❑ General _ El Attorney in Fact ❑Attorney in Fact • El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRV INE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Thomas F. Kerestesi, Mark McKinley, Greg McKinley, Thomas J. Burns, Elizabeth V. Wilson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the atomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power ofAttomey; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 st day of December, 2005. ................ BY= .1 AND�,� ON,PANyO� David H.Rhodes,Executive Vice-President g... " O �cP`y puPOq pp-a PRqC'i � ri OCT.5 _aQ 10 c, 1967 By: 1936 �C' Walter A.Crowell,Secretary %�7� lOW P .,•'�aa,�' O STATE OF CALIFORNIA 7 COUNTY OF ORANGE J On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA L.GARNER COMM.#1569561 Signature (� (SEAL) NOTARY PUBLIC CAUFORNA ORANGE COUNTY Ny COMM a 13,2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 1 7thday of July 2006 Bond No. U639809-- By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) 0 , CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for Company Name) Faithful Performance Bond No. p !260 Labor and Material Bond No. /5 (p 3 u Monument Bond No. 9 do's Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item_ No. G (CourfcJJApproval Date) City Clerk Vault No. . #27 g:/followuplbondletter doc RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16740 Kelter Homes/Tuscany Development) COUNCIL MEETING DATE: October 2, 2006 R A r T ACH EI STAT, £�, 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) Attached 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 (Unbud et, 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 Assistant City Administrator Initial City Administrator Initial City Clerk (S EXPLANATION FOR FOR RETURN OF ITEM: (BelowUse Only) RCA Author: SH:HF:RT:rl CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 11, 2006 Tuscany Development, Inc./Kelter Homes 18281 Gothard St., Ste. 201 Huntington Beach, CA 92648-1250 To Whom It May Concern: Enclosed is a fully executed copy of the Subdivision Agreement by and between the City of Huntington Beach and Tuscany Development, Inc. for Tract No. 16740. Sincerely, oan L. Flynn City Clerk JF:pe Enclosure: Agreement G:fo11owup:agrmt1tr (Telephone:79 4-536-5227) i, Ile CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 5, 2006 Orange Coast Title Company 640 N. Tustin Avenue Suite 106 Santa Ana, CA 92705 (714)— 836-0349 Attn: David Hamilton, Title Officer Re: Tract Map No. 16740—Order No. M356535-3— East side Gothard St., North of Clay St. The City Engineer of the City of Huntington Beach approved Tract Map 16740 and authorized the release of said map for processing by the County. After recording, please return a duplicate Mylar, 2 prints, and a digital file disk of the Tract Map to Joe Derleth, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648. oan L. Flynn 41C City Clerk JF:pe Attachment Received by: t/�:^'� CLERK'S OFFICE RETAINS COPY FOR FILE Date: Name of Company oc+aGe Ccw'an- ` nTu: Phone (`jI L4) 635-7"7:31; g:\followup\parcel\parcelmp2003.doc procedure#20 (Telephone:714-536-5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: PLANNING DEPARTMENT TRACT NO. � PARCEL MAP NO. N PARK AND RECREATION FEES PAID: IPS $ ❑NO DEVELOPER: for: Scott Hess Acting Director of Planning G:\PLANNING\FINAL MAPS\Forms\CITY CLERK RELEASE FORM.doc CITY OF HUNTINGTON BEACH lots INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract.No. 16740 (Authorization to Record) DATE: August 24, 2006 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE CO: Orange Coast Title Company TITLE OFFICER: David Hamilton ORDER NO.: M356535-3 LOCATION: E. Side Gothard St. North of Clay St. PHONE NO.: (714) 836-0349 ris R.Winchak i 1 WEng/Winchak/Forms/Map auth to record