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HomeMy WebLinkAboutW L Newland Associates, LLC - Newland and Hamilton - Final T t `RECEIVE V"EBY:t ; CITY CLERK RECEIPT COPY / Return DUPLICATE to City Clerk's Office (Name)"� � ' /� ,r after signing/dating (Date) I CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk! +J� / DATE: SUBJECT: Bond Acceptance have received the bonds for ��J�L( L� Viq—� (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. f� Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. 1119 Approved r (Council Approval Date) CC No. Agenda Item No. ��� MSC No. City Clerk Vault No. - �c20, r) Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer +✓,_._� `n.+f.'�<efC_�PV,-ate /^�Y'�..° Dept. ID PW 15-006 Page 1 of 3 Meeting Date: 3/2/2015 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 3/2/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve the Release of Securities for Tract 16733 (located west of Newland Street, north of Hamilton Avenue, south of Lomond Drive) and Accept the Public Improvements and notify RP Blue Canvas, LLC the subdivider Statement of Issue: RP Blue Canvas, a Limited Liability Company, the subdivider of Tract No. 16733 (located west of Newland Street, north of Hamilton Avenue, south of Lomond Drive), completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 16733; and, B) Accept Guarantee and Warranty Bond No. 5040672; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, C) Release the Faithful Performance Bond No. 5037460, Labor and Material Bond No. 5037460 and Monument Bond No. 5037495 pursuant to the California Government Code Section No. 66499.7(a); and, D) Instruct the City Clerk to notify RP Blue Canvas, LLC., the subdivider of Tract No. 16733, of this action and the City Treasurer to notify Bond Safeguard Insurance Company, of this action; and, E) Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Denial of this action may place the City in violation of the Subdivision Map Act. Item 2. - 1 HB -10- Dept.ID PW 15-006 Page 2 of 3 Meeting Date:3/2/2015 Analysis: On August 8, 2006, the Planning Commission approved Tentative Tract Map 16733 and Conditional Use Permit No. 04-32. On September 18, 2006, the City Council approved General Plan Amendment 04-01 and Zoning Map Amendment 04-01 to allow development of the subject 23.097 acres into a 204-unit multi-family residential project. On September 2, 2008, the City Council approved Final Tract Map No. 16733 and Subdivision Agreement between the City of Huntington Beach and WL Newland Associates, LLC, and also accepted the project's required bonds as follows: Faithful Performance Bond No. 5029608, Labor, Material Bond No. 5029608, and Monument Bond No. 5029609. In conformance with the project's Conditions of Approval and Code Requirements, the original project developer (WL Newland Associates), obtained a rough grading permit from the Public Works Department and commenced work at the project site. However, due to the failing economy, project construction stopped and the property eventually went into foreclosure. In early 2010, a new developer (RP Blue Canvas, LLC), became the new property owner and desired to resume construction of the project. Prior to issuance of a new grading permit, the City required that a new Subdivision Agreement be executed with RP Blue Canvas, LLC, and that new bonds be submitted to ensure satisfactory completion of the project's required public improvements. On July 6, 2010, the City Council approved the new Subdivision Agreement and accepted the replacement bonds from RP Blue Canvas, LLC; the securities furnished for Faithful Performance, Labor and Material, and Monument Bonds. The subdivider, RP Blue Canvas, LLC, has now completed all required public improvements and is requesting acceptance of the aforementioned securities, pursuant to California Government Code Section 66499.7(a). Completed public improvements included the construction of curb, gutter, paving and sidewalk along Newland Street and Lomond Drive, as well as the domestic water and sewer systems 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 these improvements. RP Blue Canvas, LLC, the subdivider of Tract No. 16733 has provided Guarantee and Warranty Bond No. 5040672 as security for the one-year warranty period. Following is a list of the project data: DEVELOPER: RP Blue Canvas LLC, Woodland Hall at Old Parkland, 3953 Maple Avenue, Suite 5, Dallas TX 75219 ENGINEER: Walden & Associates, 2552 White Road, Suite B, Irvine CA 92614-6236 BOND COMPANY: Bond Safeguard Insurance Company, 12890 Lebanon Road, Mt. Juliet, TN 37122 LOCATION: West of Newland Street, north of Hamilton Avenue, south of Lomond Drive ZONE: Medium Density Residential — Flood Plain (RM-FP2) GENERAL PLAN: Medium Density Residential (RM) NO. OF ACRES: 23.097 gross acres 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). Strategic Plan Goal: Improve the City's infrastructure HB -11- Item 2. - 2 Dept. ID PW 15-006 Page 3 of 3 Meeting Date:3/2/2015 Attachment(s): 1. Location Map 2. Guarantee and Warranty Bond No. 5040672 3. Acceptance of Public Improvement Form Item 2. - 3 xB -12- --I C) B r m MCF SDD-Him WAANLB ZX \ •\ SLATHR . TAIJIM \ ¢•muQ �YS •♦ •3 .CARRIbLD �Y®C(OIYN A� r� r w 00,z . 9 rr, M`/Pj�_ se� AT[.ANA G rPtm 11jewoG aa'�sr SUBJECT SITE � `enlr'� y�i� +i �t r �� �y •}'� s�� a{�,ta�r � �• ��9[A'" v tel: o-"'"Kr� 457.Y �x VICINITY Il li'HA FINAL MAP NO. 16733 (BLUE CANVAS-21471 NEWLAND STREET) HB -13- Item 2. - 4 T MM H N F 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: City Treasurer FROM: City Cle k DATE: SUBJECT: Bond Acceptance I have received the bonds for Mu ompany Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. fZl, Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. �Zo, (� Other No. SIRE System ID No. Z��� g:/forms/bond transmittal to treasurer BOND NO. 5040672 PREMIUM$2,076.00 GUARANTEE AND WARRANTY BOND WHEREAS, RP Blue Canvas L.L.C. 23 Corporate Plaza Drive, Ste.246, Newport Beach, CA 92660 as a Principal,and Bond Safeguard Insurance Company, 12890 Lebanon Road, Mt.Juliet, TN 37122 , a corporation organized under the laws of the State of South Dakota 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 One Hundred Thirty Eight Thousand Three Hundred Ninety Four&40/100 , 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 6th day of Jul;, 2010 for work described as follows: Blue Canvas—Tract 16733—Offsite Street Improvements and Public Utilities Onsite Public Improvements(Water&Sewer) 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 12th day of February, 2015. 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 December 11,2014. RP Blue Canvas, L.L.C. as Principal By 1 Bond Safeguard Insurance Company, as Surety By V- /K Stephen T. Kazm ,Attorney-in-Fact APPlp pS-To p®RM ty Attomey ey' ��pion��i Gate , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On before me, ����/� K�� � c�. 4 7V_Fytc— Date ' Name and Title of the Officer personally appeared _DA-A)h�FL_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personW'whose names) is/tee subscribed to the within instrument and acknowledged to me that he/sheA-hey executed the same in his/her/their authorized capacity(ies), and that by his/be6q-heir signature,ay on the instrument the personas); or the entity upon behalf of which the person(practed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official lss�eal. � Place Notary Seal Above Signature: ��l,F' �- f,��, j Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association • www.NationalNotary.org 9 1-800-US NOTARY(1-800-876-6827) Item #5907 ACKNOWLEDGMENT OF SURETY STATE OF ILLINOIS } } S.S. COUNTY OF DUPAGE } On December 11, 2014, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Stephen T. Kazmer, known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. M Commission Expires on November 29, 2016 OFFICIAL SEAS y p BONNIE J. KRUSE NOTARY PUBLIC STATE OF IWNOIS My COMMM 0IM 11MOM A 2D16 J -- Notary Public Bonnie J,-,�use Notary Commission No.: 615386 POWER OF ATTORNEY BSIC-231447 ®n* Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, a South Dakota Corporation with its principal office in Sioux Falls, South Dakota, does hereby constitute and appoint: James I. Moore, Bonnie Kruse, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus, Jennifer J. McComb, Melisssa Schmidt, Tariese M. Pisciotto its true and lawful Attomey(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond, $ 8,000,000.00, Eight Million dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed to by facsimile on any power of attorney granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it as attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November,2001. BOND SAFEGUARD INSURANCE COMPANY ` J�p INSU,o"'0j�,, A y� `4�% SOUTH '�n� pDAKOTA ', INSURANCE BY 2,'. COMPANY David E. Campbell President "\ ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known,who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. `�.�..t TAYLO",,, AMY L.TAYLOR O = Notary Public-State of Tennessee BY _ = Davidson County Am .T ylor My Commission Expires 01-09-16 NOtty Public CERTIFICATE I, the undersigned, Assistant Secretary of BOND SAFEGUARD INSURANCE COMPANY, A South Dakota Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not be revoked and the resolutions as set forth are now in force. Signed and Sealed at Mount Juliet,Tennessee this 11th Day of December 2o14 `�JPg' y SOUTH DAKOTA z O, INSURANCE BY 20� COMPANY Andrew Smith Assistant Secretary "WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person co criminal and civil penalties." HJ! 2 i� I- F- This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder Recording requested by, and when recorded return to: I11111I I IIIIII III IIIII 111111111111111111111111111111 IIII 11111111111111 1111N O F E E Joan Flynn, City Clerk 2015000112106 09:08am 03/04/15 Office of the City Clerk 90 402 A04 3 CITY OF HUNTINGTON BEACH 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on February 12, 2015 the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further,the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 16733. Public improvements constructed consist of: a. The domestic water system and appurtenances per the Improvement Plans for this Tract. b. The sewer system and appurtenances per the Improvement Plans for this Tract. c. Curb, gutter, paving and sidewalk along Newland Street and Lomond Drive per the Improvement Plans for this Tract. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at the September 2, 2008 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest�lr-c Xa 20 City Clerk and Ex-officio Clerk of e City Council of the City of Huntington Beach, California CITY OF UNTINGTON BEACH ThW doamvnt is solely for the official of the,City of Huntington ,as contemplated under By: it E Govammint Coft sec.eiO3 end ahcLM b 9 mcmded fray of charge. By• City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL, CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californ)iiaa,,, County of On 2 I_A411_alol- before me, 101)i Date Here Insert Name and Title of the Officer personally appeared Q�//l� L�J 71_4N/S L46�_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is are subscribed to the within instrument and acknowledged to me that he/Ce`/they executed the same in �/her�4-,eir authorized capacity(ies), and that by kris er, it signature (gj on the instrument the person�(s�, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r WITNESS my ha a d official seal. P.fto L.ESPARZA Commission*2032750 a Notary Public-CalitornSa Signature orange County - Signa ure of Not A,2017J�Publi� / Comm.E Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc Went �� � dF Title or Type of Document: f L Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of Califor is ) County of On 0/ before me, Date Here Insert Name and Title of the Qdc personally appeared • 2 ' ,j / �p Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iefare subscribed to the within instrument and acknowledged to me that hethey executed the same in ►ysZber./their authorized capacity(ies), and that by his/ their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph AN db is true and correct. R0131N ESTANISCAU COMMISSION A2017WO0 WITNESS my hand and official seal. 2 '" Notary Public-Galdmia v ORANGE COUNTY My Comm EKpiresApr t.2017 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documentk= 73-3 Title or Type of Document: BOcum ent Date: Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov office of the City Clerk ® Joan L. Flynn, City Clerk March 6, 2015 RP Blue Canvas, LLC Woodland Hall at Oal Parkland 3953 Maple Avenue, Suite 5 Dallas, TX 75219 Re: Approve the Release of Securities for Tract No. 16733 and accept the Public Improvements Please be advised that on Monday, March 2, 2015 the City Council of the City of Huntington Beach took the following action: A) Accepted the improvements constructed and dedicated for public use with Tract 16733; and, B) Accepted Guarantee and Warranty Bond No. 5040672; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, C) Approved release the Faithful Performance Bond No. 5037460, Labor and Material Bond No. 5037460 and Monument Bond No. 5037495 pursuant to the California Government Code Section No. 66499.7(a); and, D) Instructed the City Clerk to notify RP Blue Canvas, LLC., the subdivider of Tract No. 16733, of this action and the City Treasurer to notify Bond Safeguard Insurance Company, of this action; and, E) Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Sincerely, O 9Jn L. Flynn City Clerk Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand g1followup/tract/release bonds for tract-letter.doc RECEIVED BY: f ', CITY CLERK RECEIPT COPY r 1," Return DUPLICATE to City Clerk's Office (Name)' after signing/dating (Date) J, CITY OF HUNTINGTON BEACH .10 INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk! .� DATE: SUBJECT: Bond Acceptance , I have received the bonds for � �1�.L (�V/9-j (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No.Guarantee and Warranty Bond No. 04/ � Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. /X2 A roved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. --�c �� 4 0 Other No. SIRE System ID No. f. l�ifE.r gJforms/bond transmittal to treasurer Shan L Freidenrich,CPA CCMT CPFA CPFIM ° P O Box 711 City Treasurer Huntmgton Beach CA 92648-0711 www surfcity hb org city treasurer@surfcity-hb org Phone (714)536 5200 ° Fax (714)374-1603 Office ®f the City Treasurer Accounts Receivable Cashiering Collections Disbursements Investments CERTIFIED MAIL July 19, 2010 Bond Safeguard Insurance Company Attn David E Campbell 1919 South Highland Avenue, Suite 300 Lombard, IL 60148 To Whom It May Concern This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on July 6, 2010 Tract#16733 Faithful Performance Bond No 5029608 Labor and Material Bond No 5029608 Monument Bond No 5029609 We are releasing these bonds and have enclosed the bonds for your files We have also enclosed a copy of the City Council Action approving the release of the above-referenced bonds If you have any questions regarding this matter, please contact me at(714)536-5200 Sincerely, Shari L Freidenrich, CPA, CCMT, CFMA, CPFIM City Treasurer Enclosures cc RP Blue Canvas, LLC Woodland Hall at Old Parkland 3953 Maple Avenue#5 Dallas,TX 75219 Bob Milani,Senior Civil Engineer(no attachments) Joan Flynn,City Clerk(no attachments) Joyce Zacks, Deputy City Treasurer(no attachments) Charter Mission Ensure safe and timely receipt,deposit, collection,investment and disbursement of public funds RECEIVED BY} CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk s Office� (Name) after signing/dating(Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich City Treasurer r1rL-1 FROM %/11 -b`l_kl -S 6 r c DATE '/ ! /D SUBJECT Bond Acceptance r� ,� have received the bonds for ((Company Name) Faithful Performance Bond No 50— -7`t0 Labor and Material Bond No -,-5-0 J7` Monument Bond No Maintenance Bond No Guarantee and Warranty Bond No /` Re Tract No �� CC No 01 L A,./) J4-f -. L-. (-, MSC No Approved 4, y Agenda Item No �-- (Council Approval Date) City Clerk Vault No #27 g/followup/bondletter doc Council/Agency Meeting Held:_ 4D d 1 Deferred/Continued to: lAp roved ond'tio ally roved ❑Denied er Signat r Council Meeting.Date: July 6, 2010 DepartmAX ID Number: PW 10-036 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY:- Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PW, Director of Public Works SUBJECT: Approve and authorize execution of a Subdivision Agreement with the new developer, RP Blue.Canvas, LLC, replacing the original.project developer, WL Newland Associates, LLC of a 204-unit multi-family residential project located west of Newland Street, north of Hamilton Avenue, and south of Lomond Drive —Tract 16733; accept new Faithful.Performance/Labor,:Material and Monument Bonds; and, authorize releasing.the original bonds Statement of Issue: The Blue Canvas project (Tract 16733) has been acquired by a new developer, RP Blue Canvas, LLC. The City requires execution of a new Subdivision Agreement and submittal of new bonds as sureties for completion of the project's public improvements. Financial Impact: Not applicable. Recommended Action: Motion to: A) Approve the "Subdivision Agreement By and Between the City of Huntington Beach and RP Blue Canvas, LLC for Tract No. 16733" and authorize execution by the Mayor and City Clerk; and, B) Accept Faithful Performance/Labor and Material Bond No. 5037460 for $1,383,944 and Monument Bond No. 5037495 for$16,000, the securities furnished for installation of the required public improvements, and instruct the City Clerk to file the bonds with the City Treasurer; and, C) Release the Faithful Performance/Labor and Material Bond No. 5029608 and Monument Bond No. 5029609 and instruct the City Treasurer to notify the surety company, Bond Safeguard Insurance Company of such City Council action. Alternative Action(s): Deny the recommended action. This action may delay the project. -65- Item 5. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/06/2010 DEPARTMENT ID NUMBER: PW 10-036 Analysis: On August 8, 2006, the Planning Commission approved Tentative Tract Map 16733, Conditional Use Permit No. 04-32. On September 18, 2006, the City Council approved General Plan Amendment 04-01 and Zoning Map Amendment 04-01 to allow development of the subject 23.097 acres into a 204-unit multi-family residential project. On September 2, 2008, the City Council approved Final Tract Map No. 16733 and the Subdivision Agreement by and between the City of Huntington Beach and WL Newland Associates, LLC, and also accepted the project's required bonds as follows: Faithful Performance Bond No. 5029608 for $1,383,944, Labor and Material Bond No. 5029608 for $691,972 and Monument Bond No. 5029609 for $16,000. - Per the project Conditions of Approval and Code Requirements, the original project developer, WL Newland Associates, LLC, submitted grading and improvement plans, gained approval, obtained a rough grading permit from Public Works and commenced work at the project site. However, due to hard economic times, the project was foreclosed by the lending agency and a new developer, RP Blue Canvas, LLC, recently acquired it. As a condition on their restarting site work and prior to issuance of a new grading permit, the City required that a new Subdivision Agreement be executed with the new developer and new bonds be submitted to ensure satisfactory completion of the projects required public improvements. RP Blue Canvas, LLC, has submitted for City Council approval a new Subdivision Agreement and bonds per the following parameters: Faithful Performance/Labor and Material Bond No. 5037460 for $1,383,944 and Monument Bond No. 5037495 for $16,000. The original bonds may be released by the City Treasurer's office since the previous developer, WL Newland Associates, LLC, filed Chapter 7 and has dissolved. PROJECT PROPOSAL: -_ DEVELOPER: RP Blue Canvas LLC, Woodland Hall at Old Parkland, 3953 Maple Avenue, Suite 5, Dallas TX 75219 ENGINEER: Walden &Associates, 2552 White Road, Suite B, Irvine CA 92614-6236 LOCATION: West of Newland Street, north of Hamilton Avenue, south of Lomond Drive ZONE: Medium Density Residential — Flood Plain (RM-FP2) GENERAL PLAN: Medium Density Residential (RM) NO. OF ACRES: 23.097 gross acres Environmental Status: The 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). Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment { Item 5. - Page 2 -66- REQUEST FOR COUNCIL ACTION MEETING DATE: 7/06/2010 DEPARTMENT ID NUMBER: PW 10-036 Attachment(s): Description 1. Subdivision Agreement by and Between the City of Huntington Beach and RP Blue Canvas, LLC for Tract No. 16733 2. Faithful Performance Bond No. 5037460 3. Labor and Material Bond No. 5037460 4. Monument Bond No. 5037495 -67- Item 5. - Page 3 ATTACHMENT #1 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND RP BLUE CANVAS, LLC FOR TRACT NO. 16733 THIS AGREEMENT ("Agreement") is entered into this 77q day of 2010, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and RP BLUE CANVAS, LLC, a Delaware limited liability company, 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.16733; 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 portions 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. 08-1542.004/46874 1 of 12 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. 08-1542.004/46874 2 of 12 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 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; 08-1542.004146874 3 of 12 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, in the amount of One Million Three Hundred Eighty-Three Thousand Nine Hundred Forty-Four Dollars ($1,383,944.00),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. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its 08-1542.004/46874 ' 4 of 12 completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Million Three Hundred Eighty-Three Thousand Nine Hundred Forty-Four Dollars ($1,383,944.00), 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. XX 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 (including without limitation, costs and fees of litigation of every nature or liability of any 08-1542.004/46874 5 of 12 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 less than One Million Dollars ($1,000,000). This policy shall name City of 08-1542.004/46874 6 of 12 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. 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 08-1542.004/46874 7 of 12 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: TO CITY: TO SUBDIVIDER: City of Huntington Beach RP Blue Canvas, LLC ATTN: Director of Public Works Attn: Brian Cramer 2000 Main Street Woodland Hall at Old Parkland Huntington Beach, CA 92648 3953 Maple Avenue, Suite 5 Dallas, TX 75219 08-1542.004/46874 8 of 12 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 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 08-1542.004/46874 9 of 12 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 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 08-1542.004/46874 10 of 12 1 1 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. 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 08-1542.004/46874 11 of 12 all 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 municipal RP BLUE CANVAS, LLC, a Delaware limited corporation of the State of California liabilitco_mnany, By: <--r- PATRICK-K. FOX May " fttn RESIDENT ITS: (circle one)Chairman/President/Vice n. Jt President/Manager/Member AN INITIATED AND APPROVED: By: Dole Cline- Director ofPubC Works print name ITS: (circle one Secretary/Chief Financial Officer/Asst. REVIE ND APPROVED: Secretary Treasurer anager/Member /C&Administrator APPROVED AS TO FORM: City Attorney 08-1542.004/46874 12 of 12 ,a►coRO® CERTIFICATE OF LIABILITY INSURANC DATE(MM/001YYYY): Oil I 6/15/2010 PRODUCER LOCKTON COMPANIES,LLC-N.DALLAS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 717 N.HARWOOD.LB#27 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DALLAS TX 75201 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 214-969-6700 INSURERS AFFORDING.COVERAGE NAIC# INSURED Rockpoint Group,LLC INSURER A. Liberty Mutual Fire Insurance Company 23035 1319194 Woodlawn Hall at Old Parkland INSURER B:, 3953 Maple Avenue,Suite 300 INSURER C:. Dallas TX 75219 INSURER D: INSURER E: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGES ROCGRO2 ED INSURE S,AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED;NAME_D.ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY`CONTRACT.OR OTHER DOCUMENT WITH'RESPECT.TO WHICH THIS CERTIFICATE.MAY.BE'-ISSUED OR. MAY PERTAIN,THE INSURANCE AFFORDED:BY THE POLICIES DESCRIBED'H_EREIN;IS SUBJECT TO ALL THE ERMS,EXCLUSIONS AND CONDITIONS.OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE:BEENREDUCED BY Pmo C1:AIMS T . INSR ADDI POLICY EFFECTIVE: POLICY EXPIRATION LTR NSR TYPE!OF INSURANCE POLICY NUMBER ' DATE MMIDO - ,DATE MM/00 LIMA 'GENERAL LIA9IUTY EACH OCCU RENCE I'OOO 000 A X COMMERCIAL GENERAL LIABILITY T132-691,449139-020 4/20/2010 4/20/2011 p EDGES EaE D nee $ 100,000 CLAIMS MADE Q OCCUR MED EXP one n $. 1-,000 PERSONAL 8'ADV INJURY $ 1,000;000 GENERAL AGGREGATE `E .2;000,000 , 'GENT AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 POLICY n JE X LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 'XXXXXXX ANY AUTO NOT APPLICABLE' _ (ED accident)" ALL OWNED AUTOS. A .D,A Cr;, _Y.�OT�7�;r ':BODILY INJURY _$ X,_ XxXxx SCHEDULED AUTOS t1:7 [ l�Yl / (Per person) HIRED AUTOS ,j Ih L'tV 6131 ,TH,CI (BODa Y,INJURY s xxxxxx,x NON-OWNEDAUTOS / P.ROPERTY_DAMAGE (per acddenq> s XXXXXxx GARAGE LIABILITY AUTO ONLY-EA ACCIDENT'` $ XXxxxxX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC; $' Xxx)Dm AUTO ONLY: AGG $, XxxxxxX EXCESS I UMBRELLA LIABILITY "EACH OCCURRENCE $ -- 25,000,000 A JC" '.00CUR CLAIMS MADE. TH2=691-449139-100 : 4/20/2010 /20R011 AGGREGATE r S xxxxXxx 1 $ xxxxxxx UMBRELLA ' DEDUCTIBLE CJ FORM $ xxXXXxlx X. RETENTION $10,000 $ XxXxxxx .WORKERS COMPENSATION . -T CIT ER -AND'EMPLOYERS'LIABILITY YIN NOT APPLICABLE Y L M ANY PROPRIETORIPARTNERIEXECUTIVE ❑ EL.EACHACCIDENT $ XXXXXxx •OFFICERIMEMBER EXCLUDED? - ".(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE:$ xX7O(XxX If yes,describe under SPECIAL.PROVISIONS below E.L.DISEASE-POLICY LIMIT $ Xxxxxxx OTHER DESCRIPTION OF OPERATIONS/,LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS, THIS CERTIPICATB SUPERSEDES ALL PREVIOUSLY ISSUPA;CERTI_FICATFS FOR TH13 HOLDER,APPLICABL'E;TO.THECARRIERS LISTED AND THE POLICY TERM(S)REFERENCED. RECORDED-CINAL MAP 16733.COM14tONLY KNOWN'AS"BLUE.CANVAS,"LOCATED AT THE NW CORNER OF NEWLAND STREET A'ND HAM ILTON :AVENUE,HUNTINGTON BEACH;CA,GQNSISTINGOF'LOTS°1-13,INCLUSIVE ANDZL"1'1 ERED.LOTS"A-L"OF TRACT 16733 FOR'201 CONDOMINIUMS: GERTIFICATE.HOLDER IS.INCLUDBD AS ADDITIONAL9NSURED PER THE ATTACHED ENDORSEMENTS..RP/PLC BLUE CANVAS,LtL.C.AND'RP BLUE-CANVAS,L:L.C.ARE A.NAMED INSURI D;ON THE ABOVE CAPTIONED POLICIES. CERTIFICATE HOLDER CANCELLATION 1 OT$5949 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTOMBEACH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS.WRITTEN ATTN: DIRECTOR OF PUBLIC WORKS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 2000 MAIN STREET IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR HUNTINGTON BEACH CA 92648 REPRESENTATIVES. AUTHORIZED REP met-r++�i�.,,�'� ✓ ACORD 25(2009/01) ®:19884009 ACORD CORPORATION, All rights reserved. The ACORD name.and logo are registered marlcs.of.ACORD Forquestlone rep edinB this nRlDnto,eantaet dre numbe.rllated In tf Troducteaoellon above and itimcNy that elleot oodo 7 000ROT. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR O RGAN IZATI O N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or O anization s : The City of Huntington Beach its officers, elected or Recorded Final Tract Map No. 16733. 2000 Main Street appointed officials, Land development project at Newland Street Huntington Beach,CA 92648 employees, agents and and Hamilton Avenue,Huntington Beach, volunteers CA 92646 Information required to corn ete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily Injury" or damage" or "personal and advertising. Injury" " caused,in whole or in part, by: Property damage"occurring after: 1. Al work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service;maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional Insured(s) at the location of the the additional Insured(s) at the location(s) destg- covered operations has been completed;or hated above. CG 2010 07 04 ©ISO Properties, Inc.,2004 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Or anization s : The City of Huntington Beach its officers, elected Recorded Final Tract Map No. 16733. 2000 Main Street or appointed officials, Land development project at Newland Street and Huntington Beach,CA 92648 employees, agents ana volunteers Hamilton Avenue, Huntington Beach, CA 92646 Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section 11 -- Who is An Insured Is amended to. Include as an additional insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "products-completed operations hazard". This endorsement Is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY Premium $ Effiactive Date 04/20/2010 Expiration Date 04/20/2011 For attachment to Policy No. TI32-691-"913"20 Audit Basis 1 Issued To d Group,L.L.C. an as pe and as per Endorsement 1 SC(RLr[AKY PRUMEN7 Countersigned by Autt dmd Representa" Issued Sales Office and No. End.Serial No.55 CM 06/04/2010 Irving,TX - 0949 CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 AI, CERTIFICATE OF LIABILITY INSURANCE 8/16/2010 PMom=a (415)242-8777 THIS CERTIFICATE IS JSSUIED AS A MATTER OF INFORMATION O'KANE & TEBAY INSURANCE BROKERS ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE House Aocamt HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR CA I N8URAIICE L 1 CENSE 00534872 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 2760 SAN.FRANCISCO CA 94127 MUREAS AFFORDING COVERAGE NAIC M} waJReo CHRISTOPHER HOMES, INC. Blame CALIFORNIA CAPITAL INSURANCE COMPANY 19 CORPORATE P(.AZA DRIVE INsuaaRla HENPORT BEACH, CA 0288Q wSumc. . (415)249-0111 Ezt. wsuaEao INSURER e COVERAGES THE POUCtES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE 94SUPED:NAMED ABOVE FOR THE POLICY PEP40DINDICATED.NOTWITHSTANDING ANYAWLIFIEMENT,TERM OR CONDITION OF ANY tbNTRACf OR'OTHER OOCUME T WRH RES?ECT'TO WHICH THIS CERTIFICATE MAY BE ISSUED OR, MAY PERTAIN,THE INSURANCE AFFORDED BYTHE.POUCIES DESCRIBED HEREIN WSUBJECT TO ALL THE TERMS,EXCLUSIONS AND'CONDITIONS OF SUCH POLICIES.AGGREGATE UMYM'SHOWN MAY'HAVE BEEN REDUCED OY PAIO*AOS. 'POLICY.NUYBER. . POL YEXPI ON, LUIITS QL'Jlim LIABILITY.' . . EACH OCa*R'ENOE $ ' OO MIEROIALOENERALUABIUTY CLAM MADE OOCCUNAiE0 E74'W7 aagnaA # PERSONAL A ADV.INJURY i OENERALAGGRE0ATE $ AEi1LA0OREOATEUMITAPPLIESPElk PRODUCTS-CCWlOPAGG $ P.oUCY P IOC ALMOMIOBREUABBJTY COMSMED SINGLE LIMIT ` t,QQO;000 ANYAVTo B-BAA-1-i903388 00/30/2000 00/30/9010 .'�F-°"00No AU.OWNED AU7103 BODILY INJURY A X X wh0xLEDAUTOB (pAipdNon) $ X HgtEDAUT05'. BOUILYIFLIURY X NON•OWNEOAUYOS (PKaak;;ng PROPERTYOWAGE # `(Per a 0' 'QMAOE UASILRY - - AM ONLY:•EA ACCtDEN-'t ANY AUTO OTHER.THAN EA ACC # AP p AS. . . FORM 0WOmr. Aoii, s, ERCEGSA/MBRELLAUASILITY - EACHOCCURREINCE: 6. - 0"0" 1 Cwws MADE VFE � .cGRA H,Gity' ey Af3pREoATE # RETENTION # # Y/OMI(ER800T1'NSATION AND iMPLOYPA6'.IMBILITY ANY PgOP,AIETORJPARTNERA%E CUTIVe MI.EACH ACCIDENT i OFq( D ]JSEP EXCLUOED'I F-L DISEASE•EA'EMPLOYEE # . N B�fON86atav ELDtBEASE•POLICYUMR. # I _C&SOMPrIONOFOPERATIONS.I LOCATIONS/V[H IMMIOXCLUSmai MID BY,ENBORSEMIWT/SPMUALPROVWfONB,.,. - *`NOTICE OF CANCELLATION IS 1O DAYS FOR PREMIUM NON=PAYMEl4T-*ADDITIONAL INS=- WORDING INCLUDES: (1),CITY OF HUNTINOTON'BEACR,, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS,AND VOLUNTEERS (2)"RP/,PLC;BLUE CANVAS, L.L.C. (3) RP BLUE CANVAS, L.L.C." CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH GHOULD ANY ORTW ADM eE,etoRIBEOPOLICIMSECANDELLMMFO DO!exFmAnon 2000 MAIN STREET DATETNlMCOP,THE IMAM INS111MVALLENOEAYORToMAIL 30 DAYBNRUREN NOTICE TO TM CeR MCAT9 NOLD®I NAMED TO THE Lan BUT trU ME To no so$HALL j HWNT I NOTON BEACH CA 92049 prose.No oaueAnaR OR LUIe M OF ANY KIND UPON WE WSUREM n A4Dn OR I REPAISEJITATLY6&' ' 11 AUTf{0 I .. ACORM25(2001A78) 0 ACORD CORPORATION 1908 ATTACHMENT #2 BOND NO. 5037460 PREMIUM $31,139 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and RP Blue Canvas,L.L.C. (hereinafter designated as"principal")have agreed that principal will install and complete designated public improvements identified as project Blue Canvas—Tract 16733—Offsite Street Improvements and Public Utilities Onsite Public Improvements(Water&Sewer), is hereby referred to and made a part.hereof"and any future subdivision agreement between the City of Huntington Beach and principal regarding the same; and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefore,we,the principal and Bond Safeguard Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sum of One Million Three Hundred Eighty-Three Thousand Nine Hundred Forty-Four&00/100 dollars ($1,383,944.00)lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the referenced agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the,manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City"in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. ATT69127(2) The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition,to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on April 23 2010 RP Blue Canvas,L.L.C. as Principal By By 'Pact V.+ram Bond a uard Insurance Co s Surety �4b By Tariese M.Pisciotto,Attomey-In-Fact AP (3VED S TO FARM J IFER TH.MAMWV B Deputy City Attorney FAU FULL PERFORMANCE BOND FM (4) STATE OF OANF� ) . 'Ll of ) SS COUNTY OF eRA#4GE ) ON April 23, 2010, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED PaA--nA- V_ -1-Dx , PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TOME 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. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF GAHfeRttTT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. �t►ea. o WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE jLz-& SEAL 9m] STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) ON April 23,2010, BEFORE ME,Dawn L. Morgan,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Tariese M. Pisciotto,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS 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. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE ( - A/ / Dawn L.Morgan SEAL OFFICIAL SEAL DAWN L MORGAN j NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES.03/29/12 FAITHFULL PERFORMANCE BOND FM (4) ATTAC H M E N T #3 BOND NO.5037460 PREMIUM: Included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California,and RP Blue Canvas,L.L.C. , (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated ,20 and identified as project Blue Canvas—Tract 16733—Mite Street Improvements and Public Utilities, Onsite Public Improvements(Water&Sewer) ,is hereby referred to and made a part hereof;and WHEREAS,under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said Principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code in the sum of One Million Three Hundred Eighty-Three Thousand Nine Hundred Forty- Four&001100 dollars ($1183,944.00)for materials furnished for labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. 1 CADocuments and SettingsNtadese.pisciotto.HUB.004V..uca1 SettingsWemporary Internet Files\OLKIUabor Word-City Atty revd 01-15-08(2).doc Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change, extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on April 23 . 2010 RP Blue Canvas L.L.C. as Principal By By Bond SANQuard Insurance Com a Surety By r By Tanese M.Pisciotto,Attorney-In-Fact J P OYE AS TO FORttq fFER Deputy City Attorney 2 CADocuments and Settings\tariese.pisciotto.HUB.004\Local SettingsUemporary Intemet Files\OLKI\abor Word-City Atty revd 01-I5-08(2).doc STATE OF C*E+F6RRHA ) plus" ) SS COUNTY OF ORAPK,E ) ON April 23,2010 BEFORE ME, \e�� �`�` A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED V_ AND N� 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 HANpq SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBL IN AND FOR SAID STATE IN COUNTYti)C PRINTED NAME MY COMMISSION EXPIRES q-7-aoll AIMEE S MARTIN No Public ' STAT72 vF TEXAS Cotmn.E ti7,2011 STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) ON April 23, 2010 BEFORE ME, Dawn L. Morgan,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Tariese M. Pisciotto AND N/A 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 Gdalr_ O✓( MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SA10 STATE IN DUPAGE COUNTY, ILLINOIS Dawn L. Morgan PRINTED NAME MY COMMISSION EXPIRES 3/29/2012 =_ 1 -STATE L f AN OF ILLINO6ES.03129/12 3 CADocuments and Settings\tariese.pisciotto.HUB.004\Local Settings\Temporary Intemet Files\OLK1\abor Word-City Atty revd 01-1 S-08(2).doc POWER OF ATTORNEY AO 3 0 5 6 9 Bond SafeguardiNSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its James 1.Moore,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust,**** principal office in Lombard, Illinois, does hereby constitute and appoint: Kelly A.Gardner,Elaine Marcus,Jennifer J.McComb,Melissi Schmidt,Joel E.Speckman,Heather A.Beck,Tariese M Pisciotto its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company,*any bonds, undertakings,i policies contracts of ***" # tssss4s4f4####fM######## indemnity or other writings obligatory in nature of a bond,$ 2,000,000.00 Two million dollars*** which the Company might execute through its duly elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this A day of November,2001. oo►�iO'"�`'�y BOND SAFEGUARD INSURANCE COMPANY AN O ILLWOIS INSURANCE COMPANY BY David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r "OFFICIAL SEAL" MAUREEN K.AYE aureen K.Aye Notary Public,State of Illinois My Commission Expires 09/21/09 ',Notary Public CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY__ CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 23rd Day of_April 2010 Sao►Nsu �o ANCT s um"s 1NSURANCE COMPANY Donald D.Buchanan Secretary ATTACHMENT #4 BOND NO. 5037495 PREMIUM $4nn nn MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT RP Blue Canvas, L.L.C. as Subdivider of Tract No. 16733 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said RP Blue Canvas, L.L.C. (Subdivider) as principal,and Bond Safeguard Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$ 16,000.00 , in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 12th day of May 20 10 RP Blue Canvas,L.L.0 ,as Principal y B g Ca�L -Ron J. Hoyl By`vim^cg-Or6 ide^t Bond Safemard Insuranc om an ,as Surety By 'f - B nnie Kruse, Attor -in-Fact By n/a OV_EDAS TO FORM J RATH,City Aaomey B r Deputy CityAftomey Bond No. 5037495 STATE OF eM51FORFM ) SS COUNTY OF ) ON /tW 1 L 24W , BEFORE ME, A NOTA PUBLIC IN AND FOR SAID STATE,P RSONALLY APP ARED 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 H D SIGNATUR MY P INC[ AL PLACE OF BUSINESS IS NOTARY P BLIC IN ANZZ ID ST IN /�D�L}!� COUNTY EXPIRES, PRI ED NAME MY COMMISSION `,%� � SUSAN =TEXAS N STATILLINOIS My Comm. STATE OF MdffCflhM ) DU PAGE ) SS COUNTY OF GROWU ) ON May 12, 2010 BEFORE ME, Dawn L. Morgan A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Bonnie Kruse AND n/a 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 SAI TATE IN DU PAGE COUNTY Dawn L. Morgan PRINTED NAME MY COMMISSION EXPIRES 03/29/2012 OFFICIAL SEAL DAWN L MORGAN. NOTARY PUBLIC-STATE OF ILL is MY COMMISSION EXPIRES:0329/12 ; POWER OF ATTORNEY AO 68107 Bond SafeguardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James L Moore,Bonnie Kruse,Stephen T.Kazmer,Dawn L.Morgan,Peggy Faust, Kelly A.Gardner,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt Joel E.Speckman,Heather A.Beck,Tariese M.Pisciotto••'•'•••"•""•'••"•'•""•"""•` its true and lawful Attorney(s)-In-Fact to make,execute,seal and deliver for, and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $1,000,000.00, One Million Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. oo�°INsu BOND SAFEGUARD INSURANCE COMPANY FN - O It1M101S INSURANCE T COMPoWY < BY David E. Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. r "OFFICIAL SEAL" MAUREEN K.AYE ItJlaureen K.Aye Notary Public,State of Illinois 'Notary Public My Commission Expires 09/21/13 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. - -- - - - -12 th--.. . ---May ----- --Signed and-Sealed at Lombard,-Illinois this Day of 20 INsu OJ fi, a 5 Z INSURANCE Z]A COMPANY Donald D. Buchanan Secretary "WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,files an application for insurance or statement of claim containing any materially false information,or conceals for the purpose of misleading,information concerning any fact material thereto,commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." Bsi RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: -S K DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. ,3 ��V60 Labor and Material Bond No. —7� Monument Bond No. ©3 Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 4)z MSC No. Approved O / Agenda Item No. � (Council Approval Date) City Clerk Vault No. • #27 gAollowup/bondletter.doc - City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 7, 2010 RP Blue Canvas, LLC Attn: Brian Cramer Woodland Hall at Old Parkland 3953 Maple Avenue, Suite 5 Dallas, TX 75219 Dear Mr. Cramer: Enclosed for your records is a fully executed copy of the Subdivision Agreement by and between the City of Huntington Beach, and RP Blue Canvas, LLC for Tract No. 16733. Sincerely, an L. Flynn, CMC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Telephon e:714-536-5227) `.�rr .,u.^�tcr V"' _ _•.. •io-ro...-- -..,---•"-v"--..iv4'ti"s�si-6�:.�dw✓`--+r-�.-�y',."^.-^'•.t,.r^aSf+kV'-<vi,+"'.Nvv,�� -�t`::rwc....,.,._ ,.�-:v----v-r:.a,r.>aw'.',:w�.w-.,..,.an.M.-*..,,. wv�-w-+-,� .. P � . ._ law"•.., .., __.,.� RECEIVED BY,' CITY CLERK RECEIPT COPY ` l Return DUPLICATE t( 4, rfat. City Clerk's Office (Name) after signing/dating ho (Date) l ° CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Sham Freidenrich, City Treasurer r i s o� FROM: DATE: �1 SUBJECT: Bond Acceptance have received the bonds for e IlLklhLA A-0 C_,'"d;,,-S LLL (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. /fG' 7_33 CC No. MSC No. Approved �_ v Agenda Item No. pp (Coun`cll Approval Date) g City Clerk Vault No. 7�'�'� �d #27 g1followup/bond letter.doc Council/Agency Meeting Held: �"D—r— Deferred/Continued to: AAppr ved, ❑ Conditionally Approved ❑ Denied City lerk' Sign t re Council Meeting Date: 9/2/2008 Department D Number: PL 08-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI M ERS SUBMITTED BY: PAUL EMERY, Interim City Administrator PREPARED BY: SCOTT HESS, AICP, Director of Plannin SUBJECT: APPROVE FINAL TRACT MAP NO. 16733 AND SUBDIVISION AGREEMENT (BLUE CANVAS) Fstatemet of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16733 to subdivide a 23.1 acre parcel located at the northwest corner of Newland Street and the terminus of Hamilton Avenue is being submitted for City Council approval. Funding Source: Not applicable Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16733 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 WL Newland Associates, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 7)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16733, reject the offer of dedication, improvements, and bonds." REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/2/2008 DEPARTMENT ID NUMBER: PL 08-10 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Kevin Eads John Laing Homes South Coast Division 3121 Michelson Drive, Suite 200 Irvine, CA 92612 ENGINEER: Jeffery A. Walden Walden &Associates 2552 White Road, Suite B Irvine, CA 92614-6236 LOCATION: 21471 Newland Street (northwest corner of Newland Street and the terminus of Hamilton Avenue) ZONE: RM-FP2 (Medium Density Residential — Flood Plain 2) GENERAL PLAN: RM-15 (Residential Medium Density— Max. 15 units per acre) NO. OF ACRES: 22.1 acres (23.1 gross acres) NO. OF NUMBERED LOTS: 21 NO. OF LETTERED LOTS: 14 NO. OF UNITS: 204 residential units B. DISCUSSION: Final Map On August 8, 2006, the Planning Commission approved Environmental Impact Report No. 05-001, General Plan Amendment No. 04-004, Zoning Map Amendment No. 04-001, Tentative Tract Map No. 16733, and Conditional Use Permit No. 04-032 for the development of a master-planned, gated residential community of 204 attached homes (medium-density residential units). The 204 residential units would consist of 126 triplex units and 78 duplex units, and would occupy approximately 8.45 net acres of the project site. Tentative Tract Map No. 16733 is a 23.1 acre 21 numbered lot and 14 lettered lot subdivision for condominium purposes. As required by the Huntington Beach Zoning Code (HBZSO), WL Newland Associates, LLC, shall pay park and recreation fees or dedicate vacant parkland to the City or provide a -2- 8/20/2008 8:21 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 9/2/2008 DEPARTMENT I® NUMBER: PI_ 08-10 combination of both. The applicant is dedicating a 2.04 acre public park. Because the 2.04 acres does not meet the total 2.73 acre land area dedication required for this size of project, the applicant is fulfilling a portion of their dedication obligation by constructing the actual park improvements and paying the remaining requirements through the in-lieu fee program. The fee amount shall be based on the actual improvement costs and the fair market value of the land as determined by an appraisal. An appraisal report prepared by Harris Realty Appraisal and received on July 28, 2008, has been reviewed for completeness and accuracy pursuant to the requirements of the HBZSO. Although the value of park improvement costs have yet to be determined, the applicant has submitted a bond covering the difference in land value between the required 2.73 acre parkland dedication and the actual 2.04 acre parkland dedication. Therefore, the bond guarantees satisfaction of the parkland in-lieu fee obligation for the subdivision through a combination of land dedication and actual park improvements. A code requirement stipulates completion of the park improvements prior to occupancy of the first residential unit Agreements Prior to recordation of the final map, a developer is typically required to complete construction of public improvements. The developer may enter into a Subdivision Agreement with the City to allow delay of construction of the public improvements. As part of the Subdivision Agreement, the developer may substitute bonds for construction of these required improvements. The Subdivision Agreement is now proposed for approval. The final map has been examined and certified by the City Engineer for conformance with the conditions of approval of the tentative map as approved by the Planning Commission on August 8, 2006. Strategic Plan Goal: Strategic Plan Goal: Establish the vision and create a land use plan for reuse of critical parcels so that the next phase of the community investment and improvement can begin. The project will improve a vacant lot by providing a variety of dwelling unit types that are oriented to the needs of local residents and serve the surrounding region. Environmental Status: The action to accept Final Tract Map No. 16338 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). -3- 8/20/2008 8:21 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/2/2008 DEPARTMENT ID NUMBER: PL 08-10 Attachment(s): 1. Findings and Requirements for Acceptance of Final Map No. 16733 2. Vicinity Map 3. Tentative Tract Map No. 16733 with Site Plan 4. Planning Commission Notice of Action dated August 8, 2006 5. Standard Code Requirements Letter dated July 21, 2006 6. Final Tract Map No. 16733 7. Subdivision Agreement and Certificate of Insurance 8. Bonds (Monument, Labor and Materials, Faithful Performance) -4- 8/20/2008 8:21 PM ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16733 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16733 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. 5029608 (Attachment No. 7). b. Labor and Material Bond No. 5029608 (Attachment No. 7). c. Monument Bond No. 5029609 (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTAC H M E N T #2L] e B MCFAb ZNr C6Ni'iH — HDIIi(i®l WAMM ♦ ♦ suTeR Tm mw ♦ Slila ♦ .CARF6LD YomXm L4 MA. 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I , o , coy on ^� OCT 2 a 2000' TRACT 16733 TURNING EXHIBIT LOMOND DR, L rj a' El �fjPltLIC PARK .r>m et � ..A.. •� "E" S7, �� :Y SSS �Y tr5 CY �!P[lyOW[MlP1Al1 CNKVMTIOM[WI[NT� ���� ' rwti � ��. •� ..r .._-��•..�� mow...• .� _� _r.". /r_ T• ' A PWI I -------- ... ._...,_.. .....,— 9 unx ua Qi•WBdO� Qt•flRFYRUCN Q•DELNERYTRUCK vuna O •� � . *., � UM+U vI[n+ �eN 4 TURNING EXHIBIT Jc c 880C"�[ Dnx,H[nF Nw.rwS yw nee [I�Y�� DFLNERY 7RUDw,_,P7MRNINO DETA MILLS LANDIL aM won 31,aos 8 `4+Y E7D 1�4� I�J�.,:S;I.j19f„��''4yJG ��i�a°...'•Jr79 OCT 2 5 20011) TRACT 16733 TRASH COLLECTION PLAN TRACTIJ / _ I Ir I `ro w I •�_J •• �U1VRl MAMILMNAI2NUH QTlNIION v!R OtNlR.LL.yµ GROUYTN)NlY44R — — — .— — -- — — .-- —._ —_ —— — — —— — — — — — _— —-.— .-- _- — -- — — _—— — — — — — --. — ._——_. -- — _.. ..-n. -_ — — — ...... l 6 Vlt riLl� o ! V001 " TRASH COLLECTION PLAN J C Co�uT� lot>atatHom" � «.:°.. .,w�. MILLS LAND N.nCmyN Iw rH! aw!irw ,. ms. I ' I all . m ' • -aria �.vraan-rmr'ma.c ,. .�. �����cl�A�fi�. ��',t•,f,{IS!�,�F���YL[I' �It j��i�'lnei f121��I Ml��,. !� �w��I �I �1�`�iR��'--.st-...�- � '� ',- -`�,�-._ '� ��� , Old t�, , lFt7�1)it7q llr@YtT,r7117E rWl�cli�.�..� �. YlIY � �aL:� t 'momFrl Iryt §y I ���"�iii���1Ji Y�I'r�i�r .� • � �� � t�a "UYY;tril frl I IF — m oll �ly- � •�:� -� i i1� � el Fr ���1S�I��1�11� II I n��t��6� C� r: i i� IN .. R�`V IIlCJt�llyl�1p�jei'il�,��.� 2 _.;,_ �• o iF � .ar ��,,..,�`�1{�rr �• •r ?. Yl'""°..NIp� Ks.ewlmrq•rlrlrrilvv�y��r„�Gimirl •- SV��,mu�W�itlF ' (��'� 1.:+; : �7"t NII*lY � ,,�• +� A L�, A C ,� I : •iiiJly r [ .�,t. ���rlil ��� �,:.,.RANd+'e.1�3,d�1 t ixil� �dar wl.nNr`ll 11 E rY1 j � �a r7. r,' a,�/c , - ..` •'�1 !I'd r'tl ��. ' .raei�G� �,,,�71 � ippt�.,,�lr .11. PoI tl - �{, ��f■��.rycE 1,ty �,,�.. .. _y - 'si.\i�`iD Il.iIC.Z i1111Af rdFK7 YLL�'fl[�MIIHr�~311 V jR i�I.I�IyI���IriNl,Il�i�yl4 Tyr,Y'IVIf��/ MAr�1�•1 \Ci`^ �p'�••1—"<si -� 1 �q1 9 ■� _"' 4 � 9- l� fit, � � !JMYLkIJ11�1ix iA1�?A,�_P i.qE 41a��gt�'M1 �F ' al��I.il.'� .r-�'.�5� �� �wry •lZ�•. �q�t �\4 = '�'r.'�: `• T TENTATIVE TRACT NO. 16733 YtiFfarl A�dyNL•Ji�� "��Wr++��o ATTAC H M E N T #4L] Huntington Beach Planning Commission P.O. aox 190 CALIFORNIA 92648 NOTICE OF ACTION August 9, 2006 WL Direct Huntington Beach, LLC 3121 Michelson Dr., Suite 200 Irvine, CA 92612 SUBJECT: ENVIRONMENTAL IMPACT REPORT NO. 05-01 (NEWLAND STREET RESIDENTIAL) APPLICANT: WL Direct Huntington Beach, LLC, 3121 Michelson Drive, Suite 200, Irvine, CA 92612 REQUEST: To analyze the potential environmental impacts associated with proposed General Plan and Zoning designation amendments and construction of a 204 unit multi-family residential project. PROPERTY OWNER: Mills Land &Water Company, Robert London Moore Jr., P.O_ Box 7108, Huntington Beach, CA 92615 LOCATION: 21471 Newland Street(Northwest comer of Newland Street and the terminus of Hamilton Avenue) DATE OF ACTION: August 8, 2006 On Tuesday, August 8, 2006, the Huntington Beach Planning Commission took action on your application and certified Environmental Impact Report No. 05-01 as adequate and complete in accordance with CEQA requirements by approving Resolution No. 1610. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541-00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379.00) if the appeal is filed by any other party_ In your case, the last day for filing an appeal and paying the filing fee is AUGUST 18, 2006_ Notice of Action—GPA 04-042MA 04-01rFrm 16733/CUP 04-32 August 9,2006 Page Two also approved Tentative Tract Map 16733, Conditional Use Permit No_ 04-32 and CEQA Statement of Findings and Facts with Statement of Overriding Considerations. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission on the tentative tract map and conditional use permit becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10)calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00)if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Two Thousand Three Hundred Seventy-Nine Dollars($2,379.00) if the appeal is filed by any other party. In your case, the last dap for filing an appeal and paying the filing fee is AUGUST 18, 2006. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1)year after final approval, unless actual construction has started. "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 Jane James, Senior Planner at(714) 536-5596, or the Planning Department Zoning Counter at(714)536-5561. Sincerely, Scott Hess, Secretary Planning Commission By: Herb Fauland, Acting Plan hing Manager HF:JJ:cs Attachment(s): 1) Findings and Conditions of Approval: ZMA#04-01; TTM#16733; CUP#04-32 C: Honorable Mayor and City Council Chair and Planning Commission Property Owner G:PC\N0A12006\GPA 04-047-MA 04-01\TTM 16733NCUP 04-32 - 1 ATTACIEWENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 04-04/ ZONING MAP AMENDMENT NO.04-01/ TENTATIVE TRACT MAP NO. 16733/ CONDITIONAL USE PERMIT NO.04-32 FINDINGS FOR APPROVAL—ZONING MAP AMENDMENT NO. 04-01: 1. Zoning Map Amendment No. 04-01 amends the existing zoning designation by changing the IL-0- FP2(Limited Industrial-Oil Overlay-Floodplain)zoning designation within the project area to RM (Medium Density Residential-Floodplain). The adoption of this amendment will establish the Medium Density Residential zoning and development standards and will be consistent with the objectives,policies,general land uses and programs specified in the City's General Plan as well as the proposed General Plan Amendment No.04-04. The proposed residential zoning is consistent with the goals and policies of the Land Use Element of the General Plan by allowing for the creation of a development compatible with,and sensitive to the existing land uses in the project area and adjoining properties. 2. In the case of general land use provisions,the Zoning Map Amendment is consistent with the uses authorized in,and the standards prescribed for,the zoning district for which they are proposed. The proposed land uses identified in the Medium Density Residential land use designation is consistent with the General Plan as well as the proposed General Plan Amendment No. 04-04. 3. A community need is demonstrated for the change proposed. The proposed medium density residential zoning provides the standards necessary to develop a high quality of residential land uses complementing and enhancing surrounding land uses. The existing Industrial Land Use and Zoning designations are not compatible with the existing surrounding land uses and are no longer appropriate for the site. The residential land use designation allows for more affordable housing units to be constructed and the medium density project,proposed at 9.6_units/acre with high quality attached housing provides for a variety of housing types and units within the City,as referenced in the Land Use Element of the City's General Plan. 4. The adoption of the Medium Density Residential zoning is consistent with good zoning practice and was prepared utilizing a comprehensive approach, which included involving the public in - numerous public meetings and reviewing the proposed development in terms of existing development standards, design and architectural guidelines,and landscape guidelines. The resultant project provides high quality design, successful affordable housing,pleasing architecture, and a diverse development of land uses within the City of Huntington Beach. G:PCVJOAt2006\GPA 04-04\ZMA 04-01\lTM 16733\CUP 04-32 Attachment 1.1 FINDINGS FOR APPROVAL-TENTATIVE MAP NO. 16733: 1_ Tentative Tract Map No. 16733 for the subdivision of 23.1 acres into 21 numbered lots for multi- family residential development and nine lettered lots for private streets,sidewalks,open space,and parkway landscaping for condominium purposes is consistent with the proposed General Plan Land Use Element designation of Medium Density Residential on the subject property. The proposed residential subdivision for the development of 204 townhome units is permitted with a conditional use permit in the Medium Density Residential(RM)zoning areas of the City. 2. The site is physically suitable for the type and density of development. The project density of 9.6 dwelling units per acre is compatible with the density of the surrounding developments. Furthermore the proposed development complies with the development standards regarding open space,building height,site coverage,setbacks,parking,and landscaping of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO)_ 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. Short-term adverse impacts resulting from air quality impacts during construction of the project have been documented as significant and unavoidable even with mitigation measures to reduce and minimize the impacts. The project will comply with all mitigation measures identified in Environmental Impact Report No. 05-01. 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- CONDITIONAI,USE PERMIT NO. 04-32: l. Conditional Use Permit No. 04-32 for the construction of 204 two and three-story townhomes abutting an arterial street;including a unit more than 150 feet from a public street; including buildings exceeding 25 feet in height; including retaining walls up to four feet, six inches in height in lieu of a maximum height of two feet on pads raised approximately three to five feet above the existing grade to comply with FEMA regulations;and including an eight foot high wall within 11 to 13 feet.of the front property line in-lieu of the minimum 15 foot setback required 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 recently constructed or previously existing in the immediate area. 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 medium-income and low-income levels. An improved public park will also be provided for public use. GPCWOA120061GPA 04-042MA 04-011TTM 167331CUP 04-32 Attachment 1.2 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 projects located to the north and east of the subject site and is in keeping with the surrounding single-family and multi-family neighborhood. Furthermore,compliance with the mitigation measures of Environmental Impact Report No. 05-01 and code provisions will ensure that the project will be compatible with other area developments. 3. The proposed 204-unit townhome subdivision will comply with the provisions of the base district and other applicable provisions in the Huntington Beach Zoning and Subdivision Ordinance 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 proposed 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: A. Land Use Element 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 Iandscape 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 distinct entries,courtyards, varied rooflines,abundant common areas,paseos between buildings,and viewing nodes for enjoying the adjacent wetlands. 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 establishes a community theme within the project and presents a hierarchy of trees and plantings as the street scene progresses from the main street to the garage access driveways. The entire project will be landscaped to provide continuity and transition between the common open areas,paseos,viewing areas, and private open spaces. L U 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. L U 9.5 Provide for the development of housing for senior citizens,the physically and mentally challenged, and very low, low and moderate-income families. G:PC\N0A\2006\GPA 04-04\ZMA 04-01\TTM 16733\CUP 04-32 Attachment 1.3 The project provides a mixture of affordable unit types consisting of 18 two-bedroom units for median-income level households and three.two-bedroom units for low-income level households. The proposed affordable units will provide opportunities for the diverse economic needs of existing and future residents of Huntington Beach. B. Housing Element HE 3.1: Facilitate the development of housing for low and moderate-income households,which are compatible with and complement adjacent uses and are 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. HE 4.1: Mitigate any potential governmental constraints to housing production and affordability. The project will provide a total of 204 additional units with private and common open space, landscaped paseos, viewing opportunities to the adjacent wetlands, barbeque facilities,and pedestrian access to the public park. The type of units will include 183 market-rate units and 21 affordable units. The development is located in close proximity to the public beach located just south of the project at Pacific Coast Highway and Newland Street. Additionally,the project is situated near existing commercial services located at Beach Boulevard and Atlanta Avenue and Magnolia Street and Atlanta Avenue. The proposed General Plan amendment and zone change facilitate and allow for the proposed residential subdivision and construction to commence. C. Urban Design Element Policies UD 1.1.2: Coordinate streetscape and landscape design in all residential neighborhoods to strengthen their identities_ The applicant's request includes provisions to allow an eight-foot high masonry wall located within 11 to 13 feet of the front property line along a portion of the Newland Street frontage in-lieu of the minimum 15-foot setback required. The eight foot high wall is necessary to mitigate potential noise impacts to the residential units from traffic noise along Newland Street. Although the wall does not meet the minimum setback,the street scene is designed in an aesthetically pleasing manner with an undulating wall,pilasters, and comprehensive landscaping. The wall design,which includes two-foot offsets every 50 feet along with pilasters at the transitions, softens the overall look and height of the proposed wall. The remaining portion of the Newland Street frontage,north of the project entry and adjacent to the public park,presents an open view of the new parkland with landscaped berms,open grassy field, and a low anodized aluminum fence. G:PCWOA\2006\GPA 04-04\ZMA 04-0i\TTM 16733\CUP 04-32 Attachment 1.4 CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16733: 1. The Tentative Tract Map No. 16733 for subdivision of 23.1 acres into 21 numbered lots for multi- family residential development and nine lettered lots for private streets, sidewalks,open space,and parkway landscaping received and dated October 25,2005 shall be the approved layout. 2. Prior to submittal of the Final Tract Map to the Public Works Department for processing and approval,the following shall be required: a. At least 90 days before City Council action on the Final Tract Map,CC&Rs shall be submitted to the Planning Department for review and approval by the Public Works Department and the City Attorney. 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 Final Tract Map. b. An Affordable Housing Plan shall be submitted for review and approval as stipulated in Conditional Use Permit No. 04-32 conditions of approval. 3. The following conditions shall be completed prior to recordation of the Final Tract Map: a. Comply with Section 254.08,Parkland Dedication,of the Huntington Beach Zoning and Subdivision Ordinance. i. A detailed park improvement plan shall be prepared to include typical neighborhood park amenities including but not Iimited to tot lot play equipment, open turf play area,picnic tables and benches,and half-court basketball. All amenities must conform to current Consumer Product Safety Commission Guidelines and Americans with Disabilities Act. ii. The plan shall identify play equipment,architectural features,plant material, ground cover, sidewalks, lighting, etc_and shall be reviewed and approved by the Community Services Commission, Community Services Director,and Public Works Director prior to installation. 4. No construction or employee vehicle access shall be permitted on Lomond Drive except during construction of the roadway improvements on Lomond Drive. - CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 04-32: 1. The site plan and all associated technical exhibits(wall and fence plan,parking plan,sections,turning radius plan, etc.), floor plans, and elevations received and dated October 25,2005 shall be the conceptually approved design with the following modifications. a. All two-car garages in Plans 1 and 2 shall be revised to provide minimum interior wall-to-wall dimensions of 20 ft. by 20 ft or additional storage shelving within the garages shall be provided. G:PCWOA\2006\GPA 04-04\ZMA 04-01MM 16733\CUP 04-32 Attachment 1.5 b. The approved site plan and section drawings shall be modified to reflect removal,replacement, and improvements to the Surfside Townhome Association wall at the northwest corner of the property as indicated in a site plan and elevations received and dated June 1,2005. 2. Prior to submittal for building permits,the following shall be completed: a. A corrosion report must be prepared by a qualified person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. Reproduce the recommendations of the report on the plans_ (Bldg) b. A copy of the approved"Grading Plan"by Planning and Public Works must be attached to the approved sets of construction plans prior to issuance of building permits. (Bldg) c. Each lot for every residential unit must be provided with a clear yard that provides both egress and rescue door or window from the sleeping room(s)to the building front yard.(Bldg) d. 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. e. 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. 3. Prior to issuance of building permits,the following shall be completed: a. The draft Affordable Housing Program received and dated July 24,2006 identifying 21 orrsite units for-sale as affordable(based upon minimum 10%of the total 204 units proposed for the site) 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 of the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.26 and include: is A detailed.description of the type,size and location of the 21 two-bedroom affordable housing for-sale units on-site. The for-sale units shall be dispersed throughout the project. ii. There shall be three units affordable to low-income households(income level less than 80%of Orange County median)and 18 units affordable to median-income households(income level 80%to 100%of Orange County median). The Orange County median income is adjusted for appropriate household size. G:PCWOA\2006\GPA 04-04\ZMA 04-01\TIM 16733\CUP 04-32 Attachment 1.6 F� iii. Continuous affordability provisions for a period of 60 years. Any required for-sale affordable units shall be owner-occupied(not rented or leased). 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. b. A public art element, approved by the(Design Review Board,Director of Planning, and Director of Huntington Beach Art Center, shall be designated on the plans. Public Art shall be innovative, original, and of artistic excellence, appropriate to the design of the project, and reflective of the community's cultural identity(ecology,history, or society). 4. The structure(s)cannot be occupied,the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The public art element is installed. b. Compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The project shall comply with all mitigation measures adopted in conjunction with Environmental Impact Report No. 05-01. 6. The"Green"building elements as specified in written communication dated August 7,2006 from WL- Direct Huntington Beach,LLC and repeated below shall be incorporated in the design, construction, and maintenance of the project: a. Foundation,Frame, and Roofing i. Use roofing materials with 40 year warranty or greater b. Plumbing i. Install low flow showerheads(<2.5 gpm) ii. Install water efficient kitchen and bath faucets(<2.5 gpm) c_ Lighting and Appliances i. Showcase in model and offer or install Energy Star Washing Machines ii: Showcase in model and offer or install Energy Star Refrigerator iii. Showcase in model and offer or install Energy Star Air Conditioner d_ HVAC i. Install high efficiency HVAC filters(MERV 6 or higher) ii_ Vent range hood to outside e. Energy Performance i. Exceed Title 24 by at least 5% ii_ Achieve Energy Star Home Certification G_PCWOAV006\GPA 04-047-MA 04-0117TM 167331Gt3P 04-32 Attachment 17 f. Indoor Air Quality i. Use Low VOC interior paints(<50 g/1 flat;<or= 150 g/1 non-flat) g- Education and Awareness _-- —-___ ___--_-------------___-_------_- i. Inclusion of"Green"building information into Homeowner Manuals 04DEWWWICATION AND HOLD HARMILESS 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 attorney's 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\2006\GPA 04-041ZMA 04-011TTM 16733\C11P 04-32 Attachment 1.8 ATTACHMENT #51 ,t City of Huntington Beach ® 2000 BRAIN STREET CALIFORNIA 926U DEPARTMENT OF PLANNING Phone 536-5271 Fax 374-1540 July 21, 2006 f Ms. Celena Chen WL Direct Huntington Beach 3121 Michelson Drive, Suite 200 Irvine, CA 92612 SUBJECT: GENERAL PLAN AMENDMENT NO. 04-041 ZONING MAP AMENDMENT NO. 04-011 TENTATIVE TRACT MAP NO. 167331 CONDITIONAL USE PERMIT NO. 04-32 (NEW LAND STREET RESIDENTIAL—21471 NEWLAND STREET} DEVELOPMENT AND USE REQUIREMENTS Dear Ms. Chen. In order to assist you with your development proposal, staff has reviewed the project and identified applicable city policies, standard plans, and development and use requirements, excerpted from the City of Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes_ This preliminary list is intended to help you through the permitting process and various stages of project implementation. It should be noted that this requirement list is in addition to any "conditions of approval" adopted by the Planning Commission and/or City Council_ Please note that if the design of your project changes or if site conditions change, the list may also change based upon modifications to your project and the applicable city policies, standard plans, and development and use requirements. If you would like a clarification of any of these requirements, an explanation of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes, or believe some of the items listed do not apply to your project, and/or you would like to discuss them in further detail, please contact me at 714-536-5596 and/or the respective source department (abbreviation in parenthesis at end of each condition — contact person below). Sincerely, Je*Ja es Senior Planner } r Enclosure cc_ Gerald Caraig, Building and Safety Department—714-374-1575 Eric Engberg, Fire Department—714-536-5564 Terri Elliott, Public Works—714-536-5580 Herb Fauland, Principal Planner Jason Kelley, Planning Department Robert London Moore, Jr., Mills Land & Water Company, P.O. Box 7108, Huntington Beach, CA 92615 Project File { (S7amesNcenco\co&requuementscovaietter072106 2 of 2 CODE REQUiREMENITS POLICIES AND STANDARD PLANS OF THE HUNITINGTONI BEACH ZONING&SUBDIVISION ORDINANCE AND MUNICIPAL CODE (July 21, 2006) PROJECT: NEWLAND STREET RESIDENTIAL ADDRESS: 21471 NEWLAND STREET The draft list is intended to assist the applicant by identifying a preliminary list of code requirements applicable to the proposed project,which must be satisfied during the various stages of project implementation. Any conditions of approval adopted by the Planning Commission would also be applicable to your project. A final list of requirements will be provided upon approval by the applicable discretionary body. If you have any questions regarding these requirements, please contact the Project Planner and the applicable Department Representative. TENTATIVE TRACT MAP NO. 16733: 1. Prior to submittal of the final tract map to the Public Works Department for processing and approval, the following shall be required: R f -p a. An Affordable Housing Agreement in accord with Section 230.26 of the ZSO. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall identify 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. c. Proposed street names shall be submitted to and approved by the Huntington Beach Fire Department in accordance with Fire Department City Specification No. 409. (FD) d. Final tract map review fees shall be paid, pursuant to the fee schedule adopted by resolution of the City Council(City of Huntington Beach Planning Department Fee Schedule)_ (HBZSO Section 254.16)(Planning) e. The following shall be shown as a dedication to the City of Huntington Beach on the final tract map. (ZSO 230.084A&253.1 OK): (PW) 1. Thirty feet(30')of right-of-way shall be dedicated in fee along the Newland Street frontage for a half-street right-of-way width of 50 feet. The dimension to the ultimate right-of-way line on Newland Street shall be explicitly shown on the Tentative Tract Map- 2- Twenty feet(20')of right-of-way shall be dedicated in fee along the Lomond Drive frontage for an ultimate right-of-way width of 60 feet. The dimension to the ultimate right- of-way line on Lomond Drive shall be explicitly shown on the Tentative Tract Map. 3. A 27-foot radius of right-of-way shall be dedicated in fee at the southwest corner of Newland Street and Lomond Drive, per City Standard Plan No. 207. 4. A blanket easement over the private streets and access ways for Police and Fire Department access purposes. 5. All vehicular access rights to Newland Street and Lomond Drive shall be released and relinquished to the City of Huntington Beach, except at locations approved by the Planning Commission. ATTADVAW . - - 6. The water system and appurtenances for the entire project shall be a public system. T 7. The sewer system shall be a public system. 8. A blanket easement over the private streets and access ways for water and sewer utility purposes. The easement shall also include 5 feet on either side of any water appurtenances, unobstructed paved or landscaped surface, pursuant to Water Standards. Where access is restricted or impacted by structures,walls,curbs, etc., the easement width shall be 20 feet to allow for equipment access and maintenance operations. No structures, parking spaces, trees, curbs, walls, sidewalks, etc., shall be allowed within the easement. Where water facilities are constructed within a private street, parallel parking within-the easement is acceptable provided the water facilities are constructed per Water Standards. No modifications to the water facilities and pavement located within the easement shall be allowed without proper notification and written approval from the City in advance. Such modifications may include, but are not limited to, connections to the water system, pavement overlay, parking tot re-striping, and parking lot reconfiguration. Utilities Division personnel shall have access to public water facilities and appurtenances at all times via knox box at all vehicular gated entries. f. The storm drain system located within private streets shall be private and maintained by the Homeowner's Association. g. A final hydrology and hydraulic study for the runoff from this project and its impact to the existing downstream stoma drainage system including the Newland pump station shall be submitted to Public Works for review and approval_ This project shall be responsible for mitigating the increased storm water runoff from this property based on the net difference between a pre-1986 _ undeveloped condition and the proposed developed condition for 10, 25 and 100-year storms under current County and City criteria. Possible mitigation measures to manage increased storm water runoff may include on-site attenuation and/or construction of downstream drainage improvements including the Newland Pump Station (per the adopted Public Works Department 2005 Drainage Study). The study and the proposed drainage improvements shall include on-site, privately maintained clarifiers or other devices to control the quality of run-off water from the development. The study shall also justify final pad elevations on the site in conformance with the latest FEMA requirements. The minimum finished floor elevations for all lots shall meet FEMA requirements(7-feet+ 1-foot for NAVD 88 Datum)and City Standard Plan No. 300. (ZSO 255.04) h. A will-serve letter from the Orange County Sanitation District(OCSD),to accept the discharge from the new development into the existing OCSD sewer in Newland Street, shall be obtained. A copy shall be provided to the City of Huntington Beach, Public Works Department. (PW) i. A qualified, Licensed Engineer shall prepare a detailed soils and geotechnical analysis. This analysis shall include Phase 11 Environmental on-site soil sampling in areas not previously investigated and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, foundations, landscaping,dewatering, ground water, retaining walls, pavement sections and utilities. (ZSO 251.06&253.12)(PW) j. A qualified, Licensed Engineer shall prepare a detailed soils and geotechnical analysis. This analysis shall include Phase Il Environmental on-site soil sampling in areas not previously investigated and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, foundations, landscaping, dewatering, ground water, retaining walls, pavement sections and utilities. (ZSO 251.06& 253.12)(PW) k_ A reproducible mylar copy and a print of the recorded tract map shall be submitted to the Department of Public Works at the time of recordation_ (PW) Gjameskencokode requirements 072106 Page 2 of IS `a 1. The engineer or surveyor preparing the final tract map shall comply with Sections 7-9-330 and 7- 9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item:(PW) 1. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2. Provide a digital-graphics fife of said map to the County of Orange. m_ Provide a digital-graphics file of said map to the City per the following design criteria: (PW) 1. Design Specification: a) Digital data shall be full size(1:1)and in compliance with the California coordinate system—STATEPLANE Zone 6(Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. b) Digital data shall have double precision accuracy(up to fifteen signficant digits). c) Digital data shall have units in US FEET. d) A separate drawing file shall be submitted for each individual sheet. e) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions_ f) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers(APN), street addresses and street names with suffix. 2. File Format and Media Specification: g) Shall be in compliance with one of the following file formats(AutoCAD DWG format preferred): ® AutoCAD(version 2000,.release 4)drawing file: .DWG ® Drawing Interchange file: .DXF h) Shall be in compliance with the following media type: ® CD Recordable(CD-R)650 Megabytes n_ The grading and improvement plans shall be submitted to the Department of Public Works for review and approval. The engineer shalt submit cost estimates for determining bond amounts. (ZSO 255.16C& MC 17.05)(PW) o. A Homeowners'Associations)(HOA)shall be formed and described in the CC&R's to manage the following for the total project area: (PW) 1. On-site landscaping and irrigation improvements 2. On-site sewer and drainage systems 3. Best Management Practices (BMP's)as per the approved Water Quality Management Plan (WQMP) The aforementioned items shall be addressed in the development's CC&R's. p. The Homeowners'Association(HOA)shall enter into a Special Utility Easement Agreement with the City of Huntington Beach for maintenance and control of the area within the public water pipeline easement,which shall address repair to any enhanced pavement, etc_, if the public water pipelines and/or appurtenances require repair or maintenance. The HOA shall be responsible for repair and replacement of any enhanced paving due to work performed by the City in the G jameskenco\code requirements 072106 Pag0 of 15 . maintenance and repair of any public water pipeline. The Special Utility Easement Agreement G"; shall be referenced in the CC&R's. (Resolution 2003-29)(PM q. If project is developed in phases, then a phasing map shall be submitted for approval by the Planning, Public Works and Fire Departments showing improvements to be constructed. All required infrastructures including all public streets shall be designed with the first phase. The phasing plan shall include public improvements, construction employee parking, utility relocation, material location, and fire access. (ZSO 253.12L)(PW) r. All improvement securities(Faithful Performance, Labor&Material and Monument Bonds)and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (ZSO 255,16)(PW) s. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (ZSO 253.12K)(PW) t. The final tract map and any phased maps shall be consistent with the approved tentative tract map. (ZSO 253.04)(PM u. All applicable Public Works fees shall be paid. Fees shalt be calculated based on the currently approved rate at the time of payment unless otherwise stated. (ZSO 250.16)(PW) 2. Prior to submittal for Building Permits, the following shall be completed_ a. A minimum of 14 days prior to submittal for building permits, an application for address assignment, along with the corresponding application processing fee and applicable plans(as specified in the address assignment application form), shall be submitted to the Planning Department- 3- The following conditions shall be completed prior to issuance of a Grading Permit: a. Provide a Fire Department approved Remedial Action Plan(RAP)based on requirements found in Huntington Beach City Specification#431-92, Soii Cleanup Standard. (FD) b. From the Division of Oil, Gas & Geothermal Resources(DOGGR—(714)816-6847), provide a Permit to Conduct Well Operations for all on-site activelabandoned oil wells. (FD) c. From the DOGGR, provide proof of a Site Plan Review application. (FD) d. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422, Oil Well Abandonment Permit Process_ (FD) e. For Fire Department approval, applicant must submit a site plan showing all on-site abandoned oil wells accurately located, "x" and"y" parameters delineated and identified by well name, as well as API number, PLUS identify and detail all methane safety measures per City Specification #429, Methane District Building Permit Requirements_ These details shall be on a separate sheet titled "METHANE PLAN,"which must be approved by the Fire Department prior to issuance of a precise grading permit. (FD) f. Blockwail/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences)consistent with the grading plan shall be submitted to and approved by the Planning Department. Double wails shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. g. The site plan received and dated October 25, 2005 shall be the conditionally approved layout. (PW) Gjameskencokode requirements 072t06 Page of 15 A h. The final map shall be recorded with the County of Orange. (PM , i. Separate plans for removals,stockpiling, surcharge and other independent or phased remedial or earth moving operations shall be prepared by a Licensed Civil Engineer, and be submitted to the Public Works Department for review and approval. (MC 1.7.05.140)(PW) j. If soil remediation is required,a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation- related impacts on the surrounding properties;details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (MC 17.05.150/FD Spec. 431-92) (P k. A Precise Grading Plan, prepared by a Licensed Civil Engineer,shall be submitted to the Public Works Department for review and approval. Final grades and elevations on the grading plans shall not vary by more than 1-foot from the grades and elevations on the approved tentative tract map and site plan, unless otherwise required by these development requirements and/or conditions of approval, and as directed by the Department of Public Works. (MC 17.05/ZSO 255.04A)(PW) 1. improvement Plans, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (MC 17.05/ZSO 255.04A) The following improvements shall be shown on the plan: (PW) 1. New curb,gutter,sidewalk and new pavement to the centerline of Newland Street per City Standard Plan Nos. 102, 202 and 207, along the Newland Street frontage within a 50-foot half-street right-of-way_ (ZSO 255.04A) E 2. Thirty-five foot radius curb returns,with the appropriate right-of-way dedication, shall be constructed at all Newland Street intersections. ADA compliant access ramps at the southwest comer of the Newland Street/Lomond Drive intersection, both the northwest and southwest comers of the Newland Street and Lot"A" intersection, per Caltrans Standard Plan A88A. (ZSO 255.04A,ADA) 3. All onsite curb return radii shall be designed and constructed per City Standard Plan No. 207 to accommodate ADA compliant access ramps which shall be constructed per Caltrans Standard Plan A88A. (ZSO 255.04A, ADA) 4. All onsite alleys shall be designed and constructed per City Standard Plan Nos. 107 and 210. (ZSO 255.04A) 5. Lomond Drive shall be constructed to provide for an ultimate right-of-way width of 60 feet, requiring both a 40-foot curb-to-curb roadway width and 10-foot southerly parkway width per modified City Standard Plan No. 104. 6. The southern portion of the intersection knuckle at Lochlea Lane and Lomond Drive shall be constructed per City Standard Plan No. 105, Case I. 7. ADA compliant access shall be provided through all improvements, including off-site locations,where improvements are included in project related plans. All sidewalks shall meet ADA, Title 24 and Pubic Works standards to the maximum extent feasible. 8. ADA compliant access ramps at the southwest corner of the Newland Street/Lomond Drive intersection, both the northwest and southwest corners of the Newland Street/"A" Street.intersection, per Caltrans Standard Plan RSP A88A. (ZSO 255.04A, ADA) G jameskencokode requirements 072106 Page 5 of 15 A1k 1q' t 9. The sewer facilities shalt be designed per the final approved sewer study and City Standards. 10.All drainage facilities shall be designed per the final approved hydrology and hydraulics study and City Standards. (ZSO 255.04A) 11.Each dwelling unit shall have a separate domestic water service and meter, installed per Water Standards, and sized to meet the minimum requirements set by the California Plumbing Code(CPC). Each domestic water service shall be a minimum of 1-inch in size. (ZSO 230.84) 12 Each separate landscaping area(i.e. Home Owner's Association (HOA)property, public common landscaping areas, park site, etc.)shall have separate irrigation meters, services and backflow protection devices. The irrigation water services shall be a minimum of 1- inch in size. (Resolution 2003-29) 13.Separate backilow protection devices shall be installed per Water Standards for all domestic and irrigation water services. (Resolution 5921 and Title 17) 14.The existing domestic water services and meters shall be abandoned per Water Standards. (ZSO 255.04E) 15. In accordance with Water Standards, copper water services and nitrite gaskets(on all PVC and ductile iron pipelines)shall be required for water improvements. 16.The emergency access located on Lomond Drive shall be constructed per City Standard Plan No. 209 modified with a 4-inch curb face in place of the %-inch lip. m. The parking layout shall be in conformance with the approved parking plan, and shall also conform to City Standards and the City's Subdivision Ordinance and Municipal Code requirements, including Municipal Ordinance No. 10.40.050. No parking shall be permitted adjacent to the emergency access areas in compliance with Eire Department Standard Specifications 401 and 415. (PW) n. Parking will not be allowed in the knuckle at Lochlea Lane and Lomond Drive and shalt not be included in any parking counts. (MC 10.40.050)(PW) o. A privately maintained street lighting system, consistent with City standards, shall be constructed along the private streets and access ways in this subdivision. A photometric analysis shall be provided which demonstrates that such fighting will not negatively impact the existing residences to the north. (ZSO 255) (PW) p. Street lighting shall be installed on the Newland Street and Lomond Drive frontages and shall be consistent with City standards. A photometric analysis shall be provided which demonstrates that such lighting will not negatively impact the existing residences to the north and east. (ZSO 255) (PW) q. A signing and striping modification plan shall be prepared for the segment of Newland Street along the project frontage_ This plan shall indicate the installation of the left turn pocket along with any other modifications necessitated by the project_ There is currently a traffic signal proposed at the intersection of Newland Street and Hamilton Avenue. If the signal is installed at the time of this project, a traffic signal modification plan shall be prepared for the widening of Newland Street_ (ZSO 255)(PW) r. Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer, shall be prepared in accordance with the latest edition of the City of Huntington Beach Construction Traffic Control Plan Preparation Guidelines and submitted for review and approval by the Public Works Department. (Construction Traffic Control Plan Preparation Guidelines)(PW) G_jameskencokode requirements 072106 Page 6 of 15 8 s. Twenty-five foot sight triangles shall be provided at the Lomond Drive/Newland Street and"A" _ StreetlNewland Street intersections in conformance with ZSO 230.88. (PW) t. All intersections with Newland Street shall provide comer sight distance in conformance with Chapter 400 of the Caltrans Highway Design Manual. (Highway Design Manual)(PVV) u. Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain(if any)shall be protected and how far construction/grading shall be kept from the trunk. (Resolution 4545)(PVII) 1. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent(13'-1,V of trunk height for Queen Palms and 8'-T of brown trunk). v. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval by the Public Works and Planning Departments. (ZSO 232.04)(PVi!) w. Storm Drain and Water Quality Management Plans(WQMP)con€orming with the current National Pollution Discharge Elimination System(NPDES) requirements, prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval.(DAMP) (PW) 1. A SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of the development. The plan shall incorporate all necessary BMP's and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all de-watering operation flows,and for nuisance flows during construction. The SWPPP shall be submitted to Public Works for information only. (DAMP) 2. The applicant shall demonstrate that coverage has been obtained under Califomia's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent(NOi)submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification(WDID) Number. (DAMP) x. A Project WQMP shall be submitted to the Public Works Department for review and approval and shall include the following: (PW) 1. Discusses regional or watershed programs(if applicable) 2. Addresses Site Design BMP's(as applicable)such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or"zero discharge" areas, and conserving natural areas 3. Incorporates the applicable Routine Source Control BMP's as defined in the DAMP 4. Incorporates Treatment Control BMP's as defined in the DAMP 5. Generally describes the long-term operation and maintenance requirements for the Treatment Control BMP's 6. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMP's 7. Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMP's G.james\cenco\code requirements 072I06 7 Page 7 of 15 A` 9 1 i 8. Includes an Operations and Maintenance(O&M)Plan for all structural BMP's 9. Upon approval of the WQMP, three signed copies and an electronic copy on CD(.pdf or . .doe format)shall be submitted to the Public Works Department. y. A designated car wash area that does not drain to a storm drain system shall be provided for common usage. Wash water from this area may be directed to the sanitary sewer(upon approval by the Orange County Sanitation District),to an engineered infiltration system,or to an equally effective alternative. Pre-treatment may also be required. (DAMP)(PW) z. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (AQMD Rule 403)(PW) aa.The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein,specifically, grading activities, truck routes, construction hours, noise,etc. Signs shall include the applicant's contact number, regarding grading and construction activities, and "I-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) bb.The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) 4. The following conditions shall be completed prior to issuance of Building Permits: a. Comply with applicable Conditional Use Permit No. 04-32 conditions of approval and all applicable Mitigation Measures of EIR No. 05-01- b. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification#426, Fire Safety Requirements for Construction Sites. (FD) c. Fire access roads shall be provided in compliance with City Specification#401, Minimum Standards for Fire Apparatus Access. (FD) d. Fire hydrants must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Indicate hydrant locations and Fire Department connections. The Fire Department and the Public Works Water Division shall determine the number of fire hydrants. (FD) e. An automatic fire sprinkler system shall be installed throughout. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to the Building Department as separate plans for permits. The system shall provide water flow,tamper and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour,central .station monitoring. (FD) g. All Fire Department requirements shall be noted on the Building Department plans. (FD) h. State-mandated school impact fees shall be paid_ i. A Precise Grading Permit shall be issued_ (PW) G:jameskeenco\code requirements 072106 Wage g of 15 ATTACHAW No. - j. All landscape planting,irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (ZSO 232.04B)(PW) k. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (DAMP)(PW) I. The Consulting Arborist(approved by the City Landscape Architect)shall review the final landscape tree planting plan and approve in writing.the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborisfs wet signature on the final plan. (Resolution 4545)(PW) 5. The structure(s)cannot be occupied,the final Building Permit(s)cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. Secured entries shall utilize strobe-switch activated, automated gates, and comply with City Specification#403, Fire Access for Pedestrian or Vehicular Security Gates&Buildings, including emergency access at Lomond Drive. (FD) b. Courtyard, Paseo, and all project pool areas must have a KNOXO access installed on entry gates. Please contact the Huntington Beach Fire Department Administrative Office at(714)536- 5411 for information. (FD) c. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code standards found in City Specification#424, Minimum Requirements for Portable Fire Extinguishers_ (FD) d. Address numbers shall be installed to comply with City Specification#428, Premise Identification. Number sets may be required on front and rear of the structure. (FD) e. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification#415, Fire Lanes Signage and Markings on Private, Residential, Commercial and Industrial Properties. Additionally, the site plan shall show all fire lanes. If violations occur prior to approved fire lane signage, and the services of the Fire Department are required,the applicant may be liable for related expenses. (F®) f. GiS mapping information shall be provided to the City's GIS Department. For specific requirements, contact the GIS Department at(714)374-1560. (FD) g. Automatic sprinkler systems shall be installed in accordance with approved plans. (FD) h. Ali improvements shall be completed in accordance with approved plans. i. Prior to the first occupancy of Phase 1 (excluding model homes),all associated onsite and offsite improvements, including the public park, as shown on the approved grading, landscape and improvement plans shall be completed. Prior to the first occupancy of each succeeding phase, all associated onsite improvements as shown on the approved grading, landscape and improvement plans shall be completed. (MC 17.05)(PW) j All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. "Smart irrigation controllers" and/or other innovative means to reduce the quantity of runoff shall be installed. (ZSO 232.04D)(PW) k. Applicant shall provide City with CD media TIFF images (in City format)and CD (AutoCAD only) copy of complete City Approved landscape construction drawings as stamped "Permanent File G}ameskencokode requirements 072106 Page 9 of 15 ATTAMMUF-W'Un Copy"prior to starting landscape work_ Copies shall be given to the City Landscape Architect for permanent City record (PW) I_ Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall:(PW) 10.Demonstrate that all structural Best Management Practices(BMPs)described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. 11.Demonstrate all drainage courses, pipes,gutters, basins, etc. are clean and properly constructed. 12.Demonstrate that applicant is prepared to implement all non-structural BMPs described in .the Project WQMP. 13.Demonstrate that an adequate number of copies of the approved Project WQMP are available for the future occupiers. m. Traffic impact fees for residential developments shall be paid at a rate of$146 per net new added daily trip. This project, as currently proposed, is forecast to generate 1,976 new daily trips for a total traffic impact fee of$276,640. The rate is subject to an annual adjustment_ (MC 17.65) (PW) n. All landscape, irrigation and hardscape improvements for the public park shall be completed. The park shall be temporarily fenced for a period of 15 months following the completion of park improvements to allow for a 90-day plant establishment and one-year maintenance period to be completed by the applicant. All potential buyers of the new residential units and all property owners and occupants within a 1000400t radius of the subject property shall receive written notification of the delayed opening of the public park. Evidence of the written notification shall be submitted to the Department of Public Works(Resolution 4545)(PW) 6. During Demolition, Grading, Site Development, and/or Construction,the following shall be adhered to: a. Discovery of additional contamination/pipelines,etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) b. Construction equipment shall be maintained in peak operating condition to reduce emissions. c. Use low sulfur(0.5%)fuel by weight for construction equipment. d. Truck idling shall be prohibited for periods longer than 5 minutes_ e. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. f. Discontinue operation during second stage smog alerts. g. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity- h. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 8.00 PM. Such activities are prohibited Sundays and Federal holidays. i. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This Gjameskencokode requirements 072106 Page 10 of 15 ATTAMUa. plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210)(PW) j. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (WE-1)( k. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05)(PW) 1_ Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05)(P" m. The construction disturbance area shall be kept as small as possible. (EC1)(PVV) . n. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) o. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) p. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403)(PW) q. Wind barriers shall be installed along the perimeter of the site.?" r. Remediabon operations,if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) s. All construction materials,wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc.shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking,tidal erosion or dispersion. (DAMP)(PW) 7. The Departments of Planning, Public Works and Fire shall be responsible for ensuring compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed during the plan check process. Permits shalt not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. if the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 8. Tentative Tract Map No. 16733 shall not become effective until the ten calendar day appeal period has elapsed from Planning Commission action. 9. Tentative Tract Map No. 16733 and General Plan Amendment No. 04-04/Zoning Map Amendment No. 04-01(fentative Tract Map No. 16733/Conditional Use Permit No. 04-32 shall become null and void unless exercised within two(2)years of the date of final approval, which is August 18, 2006. An extension of time may be granted by the Director of Planning pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. G james�cencokode requirements 072106 Page I I of 15 ATTACWMff e 10.The subdivision shall comply with all applicable requirements of the Municipal Code, Building & Safety Department and Fire Department, as well as all applicable local, State and Federal Codes, Ordinances and standards, except as noted herein. 11.Construction shall be limited to Monday—Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12.The applicant shall submit a check in the amount of$43 for the posting of a Notice of Determination at the County of Orange Clerk's Office_ The check shall-be made out to the County of Orange and submitted to the Planning Department within two (2)days of the Planning Commission's action. 13.A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Building Permits. 14.All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 15.Standard landscape code requirements apply. (ZSO 232)(PW) 16. City Arboricultural and Landscape Standards and Specifications apply. (Resolution 4545)(PW) 17.The Water Ordinance#14.52, the"Water Efficient Landscape Requirements"apply for projects with 2500 square feet of landscaping and larger. (MC 14.52)(PW) 18.All new utilities shalt be undergrounded. (MC 17.64)(PW) 19.All applicable Public Works fees shall be paid. Fees shall be calculated based on the currently approved rate at the time of payment unless otherwise stated. (ZSO 250.16)(PW) 20.An Encroachment Permit is required for all work within the City's right-of-way. (MC 14.36.020)(PW) 21.An Encroachment Permit is required for all work within Caltran's right-of-way. (PW) CONDITIONAL USE PERMIT NO. 04-32: 1. The site plan,floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design with the following modifications. a. Elevations shall depict approved colors and building materials. b. Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. c. Depict all utility apparatus, such as but not limited to, back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public right-of-ways_ Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view_ G_jameskenco\code requirements 072106 Page 12 Of 15 ATTAM. &VW Mn a d: All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of15 feet from the exterior edges of the building_ Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines,ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing proposed screening must be submitted for review and approval with the application for building permit(s)_ e. Depict the location of all gas meters,water meters,electrical panels, air conditioning units, mailboxes(as approved by the United States Postal Service),and similar items on the site plan and elevations_ If located on a building,they shall be architecturally integrated with the design of the building, non-obtrusive,not interfere with sidewalk areas and comply with required setbacks_ L Energy saving lamps shall be used for all outdoor lighting_ All outside lighting shall be directed to prevent"spillage"onto adjacent properties. The type and location of all exterior lighting shall be on the site plan and elevations. g. Project data information shalt include the flood zone, base flood elevation and lowest building floor elevation(s)per NAVD88 datum.. 2_ Prior to issuance of demolition permits,the following shall be completed_ a_ The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District(SCAQMD)and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead,and PCB's_ These requirements include but are not limited to:survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. c_ All asbestos shall be removed from all buildings prior to demolition of any portion of any building_ d. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Director of Building and Safety_ (B,&S) 3. Prior to submittal for building permits, the following shall be completed: a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file,to the Planning Department and 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model. b. Zoning entitlement conditions of approval and code requirements identified herein, 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_ c_ Submit three(3)copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. d. All Fire Department requirements shall be noted.on the building plans_ (FD) e. Residential type structures on the subject property,whether attached or detached,shall be constructed in compliance with the-State acoustical standards set forth for units that lie within the 60 CNEL contours of the property_ Evidence of compliance shall consist of submittal of an Gjawskewokode requirements 0721 ob Page 13 of 15 acoustical analysis report and plans,prepared under the supervision of a person experienced in Of the field of acoustical engineering,with the application for building pemnit(s). L A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading,foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (B&S) g. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g factors as indicated by the geologists report_ Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (B&S) h_ Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of.cooking facilities, water heaters and central heating units_ i_ A request for Letter of Map Revision shall be submitted to the Federal Emergency Management Agency(FEMA)to remove the proposed structure(s)and/or property from the floodplain. j. Contact the United States Postal Service for approval of mailbox location(s). 4. Prior to issuance of building permits, the following shall be completed. a. An Affordable Housing Agreement in accord with Section 230.26 of the HBZSO_ b. An interim parking and building materials storage plan shall be submitted to the Planning C,I Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department_ The applicant shall obtain any necessary encroachment permits from the Department of Public Works_ c. A gated entryway(access control.devices)plan shall be submitted to the Planning Department. The gated entryway shall comply with Fire Department Standard No.403. In addition, the gated entryway plan shall be reviewed by the United States Postal Service_ Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning, Fire and Public Works Departments. d. A copy of a Letter of Map Revision from the Federal Emergency Management Agency(FEMA) removing the property(ies)from the floodplain shall be submitted to the Planning Department for inclusion in the entitlement file. If a letter of map revision is not approved by FEMA, the applicant shall submit a copy of completed FEMA Elevation Certificates)for each building based on construction drawings,or a Flood-proofing Certificate(s)in the case of a non-residential structure. e. All applicable Building&Safety, Public Works and Fire Department fees shall be paid. f. Traffic impact Fees shall be paid. g. State-mandated school impact fees shall be paid- h. A Mitigation Monitoring Fee shall be paid to the Planning Department. 5. The structure(s)cannot be occupied, the final building permit(s)cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: G jameskencolcode requirements 072106 Page 14 of 15 f t ._M a. Compliance with all conditions of approval specified herein shall be verified by the Planning Department b. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. c. An`as built" Elevation Certificate certifying the lowest floor and mechanical equipment for each building, or a Letter of Map Revision issued by the Federal Emergency Management Agency (FEMA), shall be submitted to the Planning Department 6. The Planning Director ensures that all requirements herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the-plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. if the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative-shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 8. This Tentative Tract Map No. 16733 and Conditional Use Permit No. 04-32 shall not become effective until General Plan Amendment No. 04-04 and Zoning Map Amendment No.04-01 have been approved by the City Council,and are in effect. 9. Tentative Tract Map No. 16733 and Conditional Use Permit No.04-32 shall not become effective until the ten calendar day appeal period from the Planning Commission approval of the entitlements has elapsed. 10.Tentative Tract Map No. 16733 and Conditional Use Permit No.04-32 shall become null and void unless exercised within two years of the date of final approval which is August 18, 2006 or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 11.The Planning Commission reserves the right to revoke Tentative Tract Map No. 16733 and Conditional Use Permit No. 04-32 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs_ 12.The project shalt comply with all applicable requirements of the Municipal Code, Building&Safety Department and Fire Department,as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 13.AD permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. Gjameskenco%code requirements 072106 Page 15 of 15 AMMAMMff Mn C). 17 ATTACHMENT #6i SHEET 1 OF 5 ACCEPTED AND FILED AT NUMBER OF LOTS: 13 NUMBERED THE REQUEST OF TERED TOTAL CONDOMINIUM UNITS: 2 TRACy®a044 O ®. I 7 33 ACREAGE: 23.097 ACRES GROSS DATE DATE OF URVEY:ACRES ARCCH NET o7 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TIME FEE s BEING 0 6733 O TENTATIVE TRACT STATE OF CALIFORNIA INSTRUMENT / BEING A SUBDIVISION OF PARCEL 1 OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 04-02 BOOK PAGE AS SHOWN ON THE DOCUMENT RECORDED SEPTEMBER 9. 2004 AS INSTRUMENT NO. 2004000813563,OFFICIAL RECORDS OF THE COUNTY RECORDER TOM DALY OF ORANGE COUNTY, CALIFORNIA COUNTY CLERK-RECORDER FOR CONDOMINIUM PURPOSES BY DEPUTY WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 MARCH 2O07 OWNERSHIP QFffnFICATESURVEYOR'S STATEMENT:WE THE UNDERSIGNED,BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND THIS MAP WAS PREPARED BY M£OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN COVERED BY THIS MAP,00 HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCH.ORDINANCE AT THE MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER UNE. REQUEST OF JCC HOMES ON JULY 2006. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE WE HEREBY DEDICATE IN FEE,TO THE PUBLIC FOR STREET AND UTILITY PURPOSES NEWLAND STREET CHARACTER MO OCCUPY THE POSITIONS INDICATED,OR THAT THEY WALL BE SET IN SUCH AND LOMOND DRIVE AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE ALSO HEREBY DEDICATE POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS AND THAT SAID MONUMENTS ARE 1N FEE LOT 13 FOR PARK AND RECREATIONAL PURPOSES. SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. WE ALSO HEREBY DEDICATE TO THE CRY OF HUNTINGTON BEACH: SA A O'rG 1. AN EASEMENT OVER THE'PRIVATE STREETS,INCLUDING ALL OF LOTS'A THROUGH-1' INCLUSIVE, AND PORTIONS OF LOTS 'd K AND D PORTIONS OF LOTS 1-12 INCLUSIVE,WITHIN SAID TRACT, JEFFREY A WALDEN m FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES,AS SHOWN ON SAID TRACT. PA-S.7914 Na 79N 2. AN EASEMENT OVER THE'PRIVATE STREETS',INCLUDING ALL OF LOTS'K THROUGH'i' INCLUSIVE, EXPIRATION DATE: 12-31-09 Eq.12-31-8 AND PORTIONS OF LOTS'J'AND-W.AND PORTIONS OF LOTS 1-12 INCLUSIVE,WITHIN SAID TRACT, FOR PUBLIC UTILITY PURPOSES,AS SHOWN ON SAID TRACT. t L fOQP? J. THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS FLOWN ON THE IMPROVEMENT PUNS COUNTY SURVEYOR'S STATEMENT' FOR THIS TRACT. 4. THE SEWER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING FOR THIS TRACT. PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND 1 AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. 5. ACCESS RIGHTS IN,OVER,ACROSS,UPON AND THROUGH THE'PRIVATE STREETS,AND EASEMENTS WITHIN SAID TRACT FOR THE PURPOSES OF MAINTAINING,SERVICING,CLEANING,REPAIRING AND REPLACING THE WATER AND SEWER SYSTEMS WITHIN SAID TRACT. DATED THIS_DAY OF 2Q_. 6. AN EASEMENT OVER THE'PRIVATE STREETS INCLUDING ALL OF LOTS'A THROUGH'H' INCLUSIVE, AND PORTIONS OF LOTS'J'AND'K AND PORTIONS OF LOTS 2,6. 10, 11 AND 12,FOR WATER FACILITIES AND APPURTENANCES AS SHOWN ON SAID TRACT. 7. AN EASEMENT OVER THE'PRIVATE STREETS INCLUDING ALL OF LOTS'R THROUGH'M INCLUSIVE, RAYMOND L MATHE,COUNTY SURVEYOR AND PORTIONS OF LOTS 'J',PIP AND'L'AND PORTIONS OF LOTS 2 THROUGH 12 INCLUSIVE, LS 6185.EXPIRATION DATE:3-31-10 FOR SEWER FAgUTIES AND APPURTENANCES AS SHOWN ON SAID TRACT. 8. AN EASEMENT OVER A PORTION OF LOT'A' FOR PUBLIC SIDEWALK AND PEDESTRIAN ACCESS PURPOSES AS SHOWN ON SAID TRACT. CITY FNGINFFFrS STATEMENT: WE ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OF HUNTINGTON BEACH: 1 HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY 1, ALL VEHICULAR ACCESS RIGHTS TO NEWLAND STREET AND LOMOND DRIVE EXCEPT AT ACCESS IN CONFORMANCE WITH THE TENTATIVE MAP,IF REQUIRED,AS FILED WITH.AMENDED AND LOCATIONS APPROVED BY THE PLANNING COMMISSION. APPROVED BY THE CITY PLANNING COMMISSION;THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDMSION REGULATIONS HAVE BEEN COMPLIED WITH. THIS STATEMENT WILL TAKE EFFECT UPON THE DATE WHICH THE COUNTY OF ORANGE WL NEWLAND ASSOCIATES,LLC.A DELAWARE LIMITED LIABILITY COMPANY APPROVES THE IMP AS TECHNICALLY CORRECT. DATED THIS,DAY OF 20. ETY: BY. BY, ACTING CITY ENGINEERR.C.E.NO. GAVE PROUD DANIEL P.FLYNN CITY OF HUNTINGTON BEACH EXPIRATION OATS. PRESIDENT VICE PRESIDENT COUNTRYWCETY PLANNING COMMISSION CERTIFICATE: RECORDED A HANK.Fes,A FEDERAL SAVINGS HANK,AS 267735BENEFICIARY ND UNDER DEEDS OF TRUST 1.SCOTT HESS,SECRETARY TO THE PUNNING COMMISSION OF THE CITY OF HUNTINGTON BOTH RECORDED ARIL 2R ROOT AS INSTRUMENT NO.2007000267735 AND INSTRUMENT NO.2007000267736 BOTH OF OFFICIAL RECORDS. BEACH.SUBSTANTIALLY 00 HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND R TO BE HUNTINGTON BETS THE SAME AS THE OTENTATIVECOMMISSION. MAP FILED WTM,AMENDED AND APPROVED 8Y THE MUNTINGTON BEACH CITY PLANNING COMMISSION. B,: DATED THIS,DAY OF NAME: TIRE: SCOTT HESS SFF SHEEP 2 FOR NOTARY ACKN(WI EDGMENTS SECRETARY TO THE PLANNING COMMISSION CITY CLERK'S CERTIFICATE: SIGNATURE OMISSIONS: STATE OF CAUf RRNIA ) PURSUANT TO THE PROVISIONS OF SECTION 66436 0)(3)(A)(8)OF THE SUBDIVISION MAP ACT, CRY OF HUNTINGTON BEACH3 ss THE FOLLOWING SIGNATURES HAVE BEEN OMIT=: COUNTY OF ORANGE ) 1. SOUTHERN CAUFORNU EDISON COMPANY,HOLDER OF AN EASEMENT FOR EITHER OR BOTH I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF POLE LINES.CONDUITS AND INCIDENTAL PURPOSES,RECORDED DECEMBER 16 1953 INTHE CITY OF HUNTINGTON BEACH AT A REGULAR MEETING THEREOF HELD ON THE DAY BOOK 2634,PAGE 472 OF OFFICIAL RECORDS(EASEMENT IS NOT PLOTTABLES. OF 21L--,AND THAT THEREUPON SAID COUNCIL 010,BY AN ORDER 2. SOUTHERN CAUFORNN E050N COMPANY,HOLDER OF AN EASEMENT FOR ELECTRICAL LINES AND DULY PASSED AND ENTERED,APPROVED SAID MAP AND DID ACCEPT ON BEHALF OF THE PUBLIC INCIDENTAL PURPOSES,RECORDED MAY 16,1956 IN BOOK 3513,PAGE 71 OF OFFICIAL RECORDS. SUBJECT TO IMPROVEMENTS: 3. THE CITY OF HUNUNGTON BEACH.HOLDER OF AN EASEMENT FOR STREET AND PUBUC UTILITY THE DEDICATION IN FEE FOR STREET AND PUBIC UTILITY PURPOSES OF NEWLAND STREET AND PURPOSES,RECORDED JULY 30, 1971 IN BOOK 9742.PAGE 469 AND RE-RECORDED MARCH I. LOMOND DRIVE AND ALSO THE DEDICATION IN FEE OF LOT 13 FOR PARK AND RECREATIONAL 1972 IN 800" 1002Z PAGE 189.BOTH OF OFFICIAL RECORDS. PURPOSES AS DEDICATED. 4. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION,HOLDER OF AN EASEMENT FOR INGRESS AND pH0 DIO ALSO ACCEPT ON BEHALF DE THE CITY OF HUNTINGTON BEACH: EGRESS AND/OR FOR WETLANDS MTITIC TION PURPOSES.RECORDED AUGUST 11,2004 AS INSTRUMENT NO.20040 729491.OF OFFICIAL RECORDS. 1. THE EASEMENT OVER THE'PRIVATE STREETS,INCLUDING ALL OF LOTS'A THROUGH'I S. STEARNS RANCHOS COMPANY,HOLDER OF AN EASEMENT FOR ROADS,RAILROADS AND INCLUSIVE,AND PORTIONS OF LOTS'J' AND'K,AND PORTIONS OF LOTS 1-12 INCLUSIVE, DITCHES AS RESERVED IN THE DEED RECORDED APRIL S. 1899 IN BOOK 30.PAGE 161 WfiHiN SAID TRACT.FOR PoLIOE AND FIRE OEPAtiIMENT ACCESS AS DEDICATED. OF DEEDS.(SAID PARTY OF INTEREST CANNOT DE LOCATED). 6. TALBERT ORAINAGE DISTRICT OF ORANGE COUNTY,HOLDER OF THE RIGHT OF WAY FOR 2. THE EASEMENT OVER THE'PRIVATE STREETS,INCLUDING ALL OF LOTS'A THROUGH'I' DITCH PURPOSES,RECORDED SEPTEMBER 12.1927 IN BOOK 83.PAGE 307 OF INCLUSIVE,AND PORTIONS OF LOTS'8 AND'If AND PORTIONS OF LOTS 1-12 INCUOSM:, OFFICIAL RECORDS.(CURRENT HOLDER CANNOT BE DETERMINED). WITHIN SAID TRACT,FOR PUBLIC UTILITY PURPOSES AS OEDICATED. J. THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS DEDICATED. 4. THE SEWER SYSTEM AND APPURTENANCES AS DEDICATED. 5. THE ACCESS RIGHTS IN,OVER,ACROSS,UPON AND THROUGH THE*PRIVATE STREETS,AND EASEMENTS WITHIN SAID TRACT,FOR PURPOSES OF MAINTAINING.SERVICING,CLEANING.REPAIRING COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE: AND REPLACING THE WATER AND SEWER SYSTEMS AS DEDICATED. STATE OF CALIFORNIA 6. THE EASEMENT FOR WATER FACILITIES AND APPURTENANCES AS DEDICATED. SS EDI 7. THE EASEMENT FOR SEWER FACILITIES AND APPURTENANCES AS#DILATED. COUNTY OF ORANGE 8. THE EASEMENT FOR SIDEWALKS AND PEDESTRIAN ACCESS PURPOSES AS DEDICATED. I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE,THERE ARE NO LIENS AGAINST E ACCESS RIGHTS TO NEWLAND STREET AND LOMOND DRIVE AS RELEASED AND VEHI CLE ICLFL THE LAND COVERED BY THIS OAP OR ANY PART THEREOF FOR UNPAID STATE,COUNTY.MUNICIPAL 9. THE VE ED. OR LOCAL TAXES NM SPECIAL ASSESSMENTS COLLECTED AS TAXES,EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE. AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(0)(3)(A)(8) MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR OF THE SUBOMSION MAP ACT. SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS_DAY 20 DATED THIS_DAY OF -20_. CNRI55 WE STREET JOAN L FLYNN BY: COUNTY TREASURER-TAX COLLECTOR BY: CITY CLERK OF THE DEPUTE' DEPUTY TREASURER-TAX COLLECTOR 'CITY OF HUNTINGTON BEACH SHEET 2 OF 5 NUMBTOTALER OF LOTS:CONDOMIN CONDOMINIUM UNITS:�2O040 TRACT 72 LETTERED ` ACREAGE: 23.097 ACRES GROSS DATE OF URVEY.ACRES RRCCH i 07 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE TRACT NO. 167 ALL OF 33 TENTATIVE STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 MARCH 2O07 NOTARY ACKNOWLEDGMENT NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF COUNTY OF >} ON BEFORE ME, ON BEFORE ME, PERSONALLY APPEARED PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SA715FACTORY WHO PROVED TO ME ON THE BA_ OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAM S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND EVDENCE TO BE THE PERSONS WHOSE NM.IE S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWlFS1GED TO ME 7HAT HE/$HE/ITMEY EXEC THE SAME IN HIS/HER/THEIR AUTHORIZED ACKNOWLEDGE TO ME THAT HE/SNE/THEY EXECUTED THE SANE IN H5/HER/THEIR AUTHORIZED CAPICITY(IES),AND THAT BY HIS/HER/ EIR SIGNATURES)ON THE INSTRUMENT THE PERSON(S)•Oft THE CAPK7TY(IES).AND THAT BY HIS/HER/THaR SIGNATURES)ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PFRSON(S)ACTED,EXECUTED THE INSTRUMENT. ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. FOREGOING PARAGRAPH IS TRUE AND CORRECT. MY PRINCIPAL PUCE OF BUSINESS MY PRINCIPAL PLACE OF BUSINESS WITNESS MY HAND AND OFFICIAL SEAL IS IN COUNTY. WITNESS MY HAND AND OFFICIAL SEAL IS IN COUNTY. SIGNATURE SIGNATURE NOTARY PUBLIC IN AND FOR SAIO STATE. MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR SAID STATE. MY COMMISSION EXPIRE (NAME PRINTED) (NAME PRINTED) NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA NOTES: SEE SHEET 3 FOR BASIS OF BFAfaNOS,DATUM STATEMENT,SURVEY NOTES, COUNTY OF MONUMENT NOTES, EASEMENT NOTES AND LINE&CURVE TABLES ON BEFORE ME, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO 8E 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 CARIGTY(IES),AND THAT BY HIS/HER/THEIR SIGNATURES)ON THE INSTRUMENT THE PERSON(S),OR THE ENTRY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. T MY PRINCIPAL PLACE OF BUSINESS 1 mil. WITNESS MY HMO AND OFFICIAL SEAL. IS IN COUNTY. SIGNATURE NOTARY PUBLIC IN AND FOR SAID STATE. MY COMMISSION EXPIRES 150 75 ISO 300 (NAME PRINTED) SCALE 74 FEET 3 1 hdI-150 R _ 11 89253Y W z642.ao• (N-.-31- W 2641.98') ATLANTA AVENUE 2 ro `v I g � W R � Q 6.2i/2 :6 ^ J 7 ff DONCASTER DRIVE 1 m J ) eo ESTABLISHED AS THE SE CORNER,N 1/2, p SW i/4,NW t/[[ J In -o ESTABLISHED AS THE SW CORNER, FRACT.SEC. 13, g N 1/2.SW 1/4.NW 1/4,FRACT. T 6 S.R ii W,S.B.B.M. TERRA NOVA CIRCLE) `� I V a SEC. 13,T 6 S.R 11 W. S. BM �O bbgl r-——7— HO g7& w g M(AC-T,�,20b/9&-42 a I—— M. &0�'332�, 8 7A •z8/gg p.M.g.20148 6 qo m h T320.63' (r------- 1fid9.7a 1 — �— .�----- o n too n LOT"1" i I[1649.70']I 9 m 991.96' - SkEE 5 SHEET 4 8ff24'SY WW 681.05•(N 8424'SY W 661.OV w r I I N 89`24'S7'W 2641.66' N 8ff24'ST W 2641.65') I rNn b ESTABLISHED AS Tj1/4, ( LOT"K" w N 1/21 S 1/2,NI 3 4 5 I 6 S n FRACT.SEC.13,T12 R 11 W,SB.B.M. I I LOT"J" "PARK SITE" K Iz g 2 LOT"G" H m I $$ LLZ KENOAII DRIVE I$=3 NOELL _ U I m,: O Q 7 8 9 I w Q 10 11 LOT $ _ I z c I$ NOELLE DRIVE � � Im I ib LOT"E" H1131 z ESTABLISHED AS THE S.LINE, NW 1//4,TRACT.SEC.13, I T 6$,R 11 W,S.8S.M. W I o i 1 _ I N 69'25'47 W 1 2.74' [N 8ff25'4e W 1652.74'] �.�. [�.25.1 N 89'25'47'W 2641.54' (N 89'25'4Y W 2641.53-T I d I SHEET 5 SHEET 4 1 E-------------- J-----------------------� BOUNDARY CONTROL AND SHEET INDEX 4L HAMILTON AVENUE SCALE: V-150' SNUMBER OF LOTS:HEEP 3 OF 5 TRACT ERED TOTAL CONDOMINUMi UNITS:B 0 12 LETTERED NO. 16733 ` ACREAGE: 23.097 ACRES GROSS DATE OF SURVEY:.MARCH 20007 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE BEING o 7°6 3NTArivE TRACT STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 MARCH 2O07 BASIS OF BEARINGS: CEMENT NOTES: THE BFMINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S.HORIZONTAL CONTROL INDICATES AN EASEMENT FOR ROADS,RAILROADS AND DITCHES IN FAVOR OF STEARNS STATION GPS NO.501OR1 AND STATION CPS NO,5017 BEING NORTH 00'1 T08" EAST PER RECORDS OA RANCHOS COMPANY,RESERVED IN DEED RECORDED APIRIL 5, 1099 IN BOOK 30,PAGE ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. 181 OF DEEDS. DATUM STATEMENT: O INDICATES AN EASEMENT FOR ORCH PURPOSES IN FAVOR OF TALBERT DRAINAGE 19830NAD,(1991�.315 AREEPO BASS CPS ADJUSTME ON THE NT). COORDINATE SYSTEM(CCS83),ZONE M, PAGE 3070 ORANGE OFFICIAL RECORDS. COUNTY,RECORDED SEPTEMBER 12. 1927 IN BOOK 83, ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED.TO OBTAIN GRID DISTANCE © INDICATES AN EASEMENT FOR ELECTRICAL UNES AND INCIDENTAL PURPOSES IN FAVOR MULTIPLY GROUND DISTANCE BY 0.99997502. OF SOUTHERN CALIFORNIA EDISON COMPANY,RECORDED MAY 16. 1956 IN BOOK 3513, PAGE 71 OF OFFICIAL RECORDS. SURVEY NOTES: O INDICATES AN EASEMENT FOR STREET AND PUBLIC URLRY PURPOSES IN FAVOR OF THE ( ) INDICATES RECORD DATA PER TRACT NO, 16438,M.M.860/30-32. CRY OF HUNTINGTON BEACH RECORDED JULY 30, 1971 IN BOOK 9742,PAGE 469 AND RE-RECORDED MARCH 1, 1972 IN BOOK 10022,PAGE 189.BOTH OF OFFICIAL RECORDS. < > INDICATES RECORD DATA PER PARCEL MAP BOOK 21/2. O INDICATES AN EASEMENT FOR INGRESS AND EGRESS AND/OR FOR WETLANDS MITIGATION [ ] INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE NO.04-02,RECORDED PURPOSES,IN FAVOR OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, SEPTEMBER 9.2004 AS INSTRUMENT NO.2004000813563,OF OFFICIAL RECORDS. RECORDED AUGUST 11.2004 AS INSTRUMENT NO.2004000729491 OFFICIAL RECORDS. LOT 13 IS FOR PARK AND RECREATIONAL PURPOSES,DEDICATED IN FEE PER THIS MAP. O INDICATES AN EASEMENT OVER A PORTION OF LOT'A'FOR SIDEWALKS AND PEDESTRIAN LOTS'A THROUGH'W INCLUSIVE ARE FOR PRIVATE STREET AND COMMON AREAS- ACCESS PURPOSES,DEDICATED ON THIS MAP TO THE CITY OF HUNTINGTON BEACH. LOTS'1'AND•J'INCLUSIVE ARE FOR COMMON AREA PURPOSES. ©INDICATES THE AREA OF NEWLAND STREET AND LOMOND DRIVE WITHIN THE BOUNDARY OF THIS MAP,FOR STREET AND PUBLIC UTILITY PURPOSES BEING DEDICATED ON THIS MAP !N FEE TO THE CITY OF HUNTINGTON BEACH. LOTS'K'AND'I!ARE FOR LANDSCAPE PURPOSES. O INDICATES A VARIABLE WIDTH EASEMENT OVER THE-PRIVATE STREETS INCLUDING ALL OF LOTS A THROUGH"I' INCLUSIVE AND PORTIONS OFOTS',r AND'W.AND PORTIONS MONUMENT NOTES: OF LOTS 1 THROUGH 12 INCLUSIVE,FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES, O INDICATES MONUMENT AS NOTED BELOW: DEDCATED ON THIS MAP TO THE CITY OF HUNTINGTON BEACH. a FOUND 7 IRON PIPE WITH OCS BRASS WASHER STAMPED'S010R/ 3-0i' GOWN 12'IN OI INDICATES A VARIABLE WIDTH EASEMENT OVER THE"PRIVATE STREETS INCLUDING ALL OF OCS WELL MONUMENT PER CORNER RECORD DOCUMENT NUMBER 2003-1280A,RECORDS LOTS'A THROUGH'I' INCLUSIVE AND PORTIONS OF LOTS"J,AND"K•,AND PORTIONS ON FILL IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. ACCEPTED AS CENTER OF OF LOTS 1 THROUGH 12 INCLUSIVE,FOR PUBLIC UTILITY PURPOSES,DEDICATED ON THIS FRACTIONAL SECTION 13-6-11 PER TRACT MAP NO. 16436,M.M.860/30-32. POINT IS MAP TO THE CITY OF HUNTINGTON BEACH. ALSO CPS STATION NO.SOIORI.LOCATED AT THE CENTERUNE INTERSECTION OF NEWLAND STREET AND HAMILTON AVENUE O INDICATES A VARIABLE WIDTH EASEMENT OVER THE"PRIVATE STREETS INCLUDING ALL OF FOUND 2"IRON PIPE WITH BRASS TAG STAMPED•OCS BM"DOWN 0.3%PER CORNER RECORD LOTS A THROUGH'H INCLUSIVE,AND PORTIONS OF LOTS'd AND•K'AND PORTIONS OF 2❑ DOCUMENT NUMBER 2003 2,.%RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY LOTS 2,6, 10, 11,AND 12,FOR WATER FACILITIES AND APPURTENANCES.DEDICATED ON SURVEYOR.ACCEPTED AS THE NW 1/4 CORNER FRACTIONAL SECTION 13-6-11 PER TRACT MAP THIS MAP TO THE CITY OF HUNTINGTON BEACH. No. 16438,M.M.860/30-32. POINT IS ALSO GPS STATION NO.5017,LOCATED AT THE K INDICATES A VARIABLE WIDTH EASEMENT OVER THE'PRIVATE STREETS'INCLUDING ALL OF CENTERUNE INTERSECTION OF NEWLAND STREET AND ATLANTA AVENUE O LOTS•Ar THROUGH'W INCLUSIVE.AND PORTIONS OF LOTS'd,'K'AND•L"AND PORTIONS 3 FOUND BRASS TAG IN CONCRETE STAMPED'RCE Meg-,DOWN 0.8'IN WELL MONUMENT. OF LOTS 2 THROUGH 12 INCLUSIVE,FOR SEWER FACILITIES AND APPURTENANCES, ACCEPTED AS THE NW CORNER OF FRACTIONAL SECTION 13-6-11 PER TRACT MAP NO. 16438, DEDICATED IN THIS MAP TO THE CRY OF HUNTINGTON BEACH. M.M.860/30-32. ©INDICATES A VARIABLE WIDTH EASEMENT OVER PORTIONS OF LOT 2 FOR COMMON AREA a FOUND BOLT SPIKE AND WASHER STAMPED"CALTRANT,FLUSH. ACCEPTED AS W 1/4 CORNER PURPOSES. FRACTIONAL SECTION 13-6-11 PER TRACT MAP NO. 16438.M.M.860/30-32. FOUND PK NAIL AND WASHER STAMPED'LS 5411'.FLUSH.PER CORNER RECORD DOCUMENT UNE TABLE CURVE TABLE a NUMBER 20G4-01468,RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. EUNE BEARING DISTANCE CURVE DELTA RADIUSLENGTH ACCEPTED AS SE CORNER,N 1/2.SE 1/4.NW 1/4 OF FRACTIONAL SECTION 13-6-11 PER N 1736.1 W 27,86' C7 1456.27 50,00' 13.04'TRACT MAP NO.164,38,M.M.860/30-32 C2 64.49'01' 70.00' 79.19'N 8U55.20' E 50.31' C3 9'39A4S 40.07 6.75' FOUND PK NAIL NO TAG•NO REFERENCE ACCEPTED AS CENTERLINE INTERSECTION OF NLIYLANO N OG01'14 E 58.00'STREET ANO IOMOND DRIVE PER PARCEL MAP BOOK 20/48. N OR7T0 E 17.15' CS- 89'42'05 27,00' 422J' N 4951.00 W 86.36' C5 9G17'05' 27.00' 4255' Q7 FOUND PK NAIL AND WASHER STAMPED'LS 5411'FLUSH,PEA CORNER RECORD DOCUMENT N OQ34.1 E 7.35' C6 89'42'5'3 27.00' 42.28' NUMBER 2004-0145B,RECORDS ON FILE IN TH£OFFICE OF THE ORANGE COUNTY SURVEYOR. N 4357'O{' W 30.48' C7 51'19'O2 14300' 12807•0SEARCHED FOR,FOUND NOTHING. SET NOTHING UNLESS OTHERWISE NOTED. N 89'43'3r W 52.38' C8 90,0010c 38.00, 59.69, L9 N 89'25'47" W 19.10' C9 4534.43 43.00' 34,21' ag SET SPIKE AND WASHER STAMPED'PLS 7914'. Lt0 N 4.T51'G4 W 58.73' C10 2552'03 27,00• 12.19' 70 SET 2:IRON PIPE WITH TAG STAMPED'PLS 7914'. LI1 N G034'15' E 39.50' C11 63'50'52" 27.00' 30.09' LIZ N 89.25'4 W 54AO' C12 51.19'07 41.00' 36.72' 2"IRON PIPE WITH TAG STAMPED'P.LS.7914 OR SPIKE AND WASHER STAMPED'P.LS.7914'OR Lid N 2711'51 W 27.00' C13 8306'1Y 11.00• 15.95, LEAD AND TAG STAMPED'P.LS.791IV TO BE SET AT ALL BOUNDARY CORNERS WITHIN 90 DAYS AFTER C14 4534'43" 16.00' 12.73' ACCEPTANCE OF IMPROVEMENTS,UNLESS OTHERWISE NOTED. L14 N 17*35'0 W 27.00' CIS 3723'08' 44.50' 30.59' L15 N W34'1 Y E 54.00' C76 39'OS'18' 38.50• 28.27' i'IRON PIPE WITH TAG STAMPED'P.LS.7914 OR SPIKE AND WASHER STAMPED"P.LS.7914 OR L16 N 0034'1 E 27.00' C77 2T08'4IF 38.50' 16.24' LEA)AND TAG STAMPED•PALS.7910 TO BE SET AT ALL LOT CORNERS WITHIN 90 DAYS AFTER Lt7 N OG34'i E 27.00' C18 s534'{3' 70.00' S5.68' ACCEPTANCE OF IMPROVEMENTS.UNLESS OTHERWISE NOTED. Lie N 4625'S E 67J8• L19 N 7744'3 E 50.94' CIS 7E51*2 5.00• 6.71' SPIKE AND WASHER STAMPED'PALS.7914 TO BE SET AT CENTERLINE CONTROL(E.C.,B.C.AND CENTERLINE C20 OB•43'S6' 170.00' 25.91' INTERSECTION OF ALL PRIVATE STREETS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. L20 N 89'25'4 W 7241' UNLESS OTH=E NOTED_ L21 N DO'3{'1 E 59.28' C21 -NOT J170.00* L22 N 89.25'4 W 26.G4' C22 9P00'00' 17.28' 123 N 00'34'i E 10.8E C23 31.16.46' 92.81' \ C24 20'02116' 59.45'l24 N OU34'1 E 82.98• I. C25 2132'S8' 63.94'L26 N 575BT25'4 W 82.42' C26 2W46.04 88.32'L26 N 8055'2 E 50.31'VAIWES Gl L27 N 89'25' W 36.78' C27 51'19.02 152.26',4F-%/ \ C29 I1 36*4,C 28.98',L28 N 0034'i E 91.56'A� L29 N 00'34'I E 80.52'65�yi N 53 92 L31 N G034'1 E 119.42' C31 1001'OT 1 .00' 25.00• L32 N 27191 W 13.64' C32 45'21'1Z' 51.00' 40.37' L33 N 5T34•I E 140.47' C33 87*29'2E 59.00' 90.09" I C34 1853.49' 199.00' 65.63'-116.87' L34 N OU34'1 E 1 . 1�T � L35 N 0034.1 E 16868.00'0' C35 14'50'00' 199.00' 51.52' 91.2g' 15.72�. i 136 N 89'25'4T W 153.50' C38 04A0349" 199.00' 14.11• 1 N 9254T W ( 1 l37 N 724s'3 E 77.04' C37 61'02'03 716.00' 123.5T 173.83' L ' // L38 N 89'25'4 W 150.88' C38 4752'43 118.00' 86.81' ro g L39 N 00'34'13 E 9520' C39 18'09.20" I16.00' 36.76' \ O J / lb N OG34'1 E 234.80' C40 90100'0D• 50.00' 78.54' 18.00. 115.50 L41 N W34-1 r E 155.37• C41 6300.01' 50.00• 54.98' 11 2'ED 6 I\ \ L42 N 00'34'1 E 249.04' C42 2659'5 S0.00• 23,564 H I J K Z C43 1B79'03 137.00' 39.02' 143 N 89'25'4 W 21.50' \ yj C44 48'03'39' S0.00' 41.94' DETAIL "A^ �\ L44 N o0•34.1 E 156.0' \ b /; C45 0234' 9.50' 17.01' SHEET 4 b L45 N 89'25'4 W 59.50' C46 9d00'00' 9.5O' 14.92' \ �C'. U l/6 N 89'25'4 W 9J.55' � NOT TO SCALE�/ = Os2��.,, �$ _1 _ 7/ � C47 71'35 JB' 85.00• 106.21' C5}f j A'' C48 53A45A47 85.W 79.76' \ C49 17*49454' 85.00' 26.45' C50 09.39'43 25.00 4.22' \/ C51 N\ C51 2753'29' 43.00' 17.18' J / C52 1620'44 150.00' 42.79' / C53 1441'2W 150.004 38.48' ' P,b o' C54 01'39.16'150.000 4,33' c, C55 1749'41' 100.00' 31.12' \ C57 26.45'24' 40.00' 18.68' LOT"'r C57 19'26'24 40.00' 13.57' 65 G i�y C58 1606A4C 100.00' 26.38' C59 0242.57*100.00• 4.74' \ '(5� \. ' b�\i• / C6 5540'31'116.001 ' `\ J 061 21'02'08' 170A 62.41' 0' 62.41' \ C62 Ot'iT3B' 40.00• 0.90' DETAIL "B" \4" / C63 601'21' 40.00• 4.20' SHEET 4 C64 20144'03" 40.E 14.48 NOT TO SCALE C65 05.21'3Y 116A0' 10.85' SHEET 4 OF 5 TRACT NUMBER OF LOTS: 13 NUMBERED 12 LETTERED 16733 TOTAL CONDOMINIUM UNITS: 204 f ' ACREAGE: 23.097 ACRES GROSS UAAC2DATE OF RVEY: M H007 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE BEING NO.ALL 016733NTATNE STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES -�- NOTES: WALDEN & ASSOCIATES 50 2s _ so 100 SEE SHEET 2 FOR SOUNOARY CONTROL O SEE SHEET 3 FOR BASIS OF BEARINGS,DATUM STATEMENT,SURVEY NOTES, JEFFREY A. WALDEN, P.L.S. 7914 £ ui IN FEET J MONUMENT NOTES, EASEMENT NOTES AND UNE&CURVE TABLES, MARCH 2O07 1 inch=50 ,L �I W ACCESS RIGHTS TD NLI ANO STREET RELEASED AND RELINQUISHEDqj!8 > Q $ TO THE CITY OF HUNTINGTON BEACH EXCEPT AT APPROVED LOCATIO--•-N WITOT E 2639.78' (N OO'17.OB" E 26659.36' (659.3T)N WITOS E 609.11' [N OP17-W E 609 5 276.36' - r 332.75' 0 _ 50.25' NEWLAND STREET G `� (50.2T] 1 8 A o _ - .- _ G $ N- $ - 22C -� oN N 00'17'OB' E 357.86' 7 I 7.56' ' A uoi $ \6`?�B• $112.00' 72.49' �N OT46'14 W 18Z Ba.99• L (J ba 173.37' G �� LOT"L7 0.12 ORES K 20.00' 25.03' PARCEL 12 I I SJ F /R90 N 0016'2S E 10.00' 301,05' 20.00' I N 00'3,Q3- E'1 L3 1 r- 98.23• - 77.00' - 125.82- - ] 1 TRADT \29.00' 9.00/ 23.73' L30 N PARCEL 11 -_- RAD 1iT E g I la LB 1 `° 21 M I K PARCEL 10 I i s.0o• m 58 - n p o x o N za 29.00' 29.00' s a 50.25' PARCEL 91 X y N $ -cL- "I " O Ol G b, i-m Tl't � I ; W ,0.877 ACRES PARCEL 8 a: 'PARK StTE." W n of N_ 10.00' J W"N PARCEL 7ZS m'I a 2.040 ACRES /a�y+(p 1 J m"Q m 5.00' ++-1 a?; w VI a I- ry p T a m . � h F c7 Z f - m ;=mi - -I a lo „ $ J cN o - J: H I _� ? n h I K L I z _ o I s ; n a � o v o�h U0.722T ACRES t 27.00' 27.00'm CNN CC 1 N 1 O n g 2 i t U `\ J>>\ ��6>>. �.`A .`Jta,3/ / 7 7.u9 ACRES N 01734.7S E 294.58• J ` �ee• c 1r.� CV 1 158.91. 120.60' i 0 } Jg �S g 60.0 g m SEE DETAIL"A" @ 3 0 l C10 •i o SHEET ,o/.yb� P�O �� 00 s ^ 30.00' . rya/ ^ C51 l33 n m 12 J 0.590 ACRES e H 1 g N t ---- -L24 - / 10,00 = ^86.40. • n--F�C56 I _ 22L�, H 1 d K 8.94' 1 \� n a a 4 20.00• �- - C85 T 1 ri m DO' 11 1- m z 0.901 ACRES p - 10.00' ^��� m J o mr 2 29.01t 1 15.50' 31.00' 2.�, m 27.00' 27.00' 8 � 15.50' 54 N 0034'1 Y E 239.50' N 00'17'48'E I OJ N 00'34'1Y E 1 i ^ 10a2-?,0 m H 1 r (N OP1T4B' E) 1 5h e )�1a� �m z n LOCHLEA 9 -- }}-- -`- -1 - LANE �� 6} N�Si+� ?m H o g l34 1 z � L23(RAOI 6s 19.2d E(RAD) �i, H 1 K mg`� ;"1 _- - -- -- 8 1 ,j JQ $ N 6 ^8 N L42 _ 0 1 ; F N 0- m �y, 0..ACRES mm Z w I rot SAB 93 h 1I2 50.25' 10 J w < ( 1�s)sa'aa w� \m�O.079 LOTA'J" c`a1�0 0.919 ACRES wo a ---- - R zm m H I_ m D z $ L �l 1, < _ L m � b L{1 - 113 T 1 155.25' b $T N 00'34'1Y E 188.77' ro I A g N OTS4.1Y E 161.00' n $ --- -- f SEE DETAIL"B" A r I J K g m n SHEET -�� - 4 H _ HAYLEY LANE " N e V V0� N 00'34.15- E 184.00' 3 n 1 "PRIVATE STREET" O uYni V ry1 u�i m N 00'34.1Y E 164.61' N 00'34'7Y E 146.00' "i } d ; c m O m I fi D it N N 9 07 SEE z�m I zI SHEET s SHEET 5 OF 5 TRACT NUMBER OF LOTS: 13 NUMBERED ED TOTAL CONDOMINIUM UNTI-SS:204 • 16733 x ACREAGE:23.097 ACRES GROSS 17 DATE OF U2RVEY:ACRES MA CHNET 2007 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE Tend NO.AILL 06733NTATNE STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES- - 50 25 0 50 100 NOTES: WALDEN & ASSOCIATES SEE SHEET 2 FOR BOUNDARY CONTROL JEFFREY A. WALDEN, P.L.S. 7914 WALE IN Tyr MONUMENT NOTTEES. EA FOR SEMENT NOTES ANDUNE STATEMENT. CURRVVET TABLES. NOTES, f MARCH 2O07 1 inch-50 ft. SEE as SHEET" 4 10 -LIs - 1 r N 0034'1T E $ 188.7 f' L I $ N OO'34'1 T E 161.00' $ - - - - (} H Gk H I J K r HAYLEY LANE 8 N 1T T 184.00' 1 "PRIVATEVATE STREET 1 ryy y N 0034'13' E 164.61' 1 " N N 00'34'1T E 14&00' O<i m co ---co °tea m N g H I K , O , 1 0.743 ACRES o w /D ~ I,T- - -- - L 15 - - - ^ - m o I to N g H I ~ O m In m ml (L44 - LS5 cq a L � r g 5 H I k n d I ^ 50.25' m Q I 0.676 ACRES Is w ^ m a =1 r n h N 00'34'1T E 154.65' N 0034'l2r E 168.00• a N V ; ; b, "$ =N ^ 3 \ I n ry 0.688 ACRE jtl7 c H I K 4 18 r n 1` - in 3I N 1 1L 115 M m 4 anmM --- �z $ H I K $ G N I t 1 0.676 ACRE '$=m nc z ^ 'rN J F a ^ I =p o O 3. y 3 r N OQ3VIT E 164.69' U - N OP34'1T E 168.00' g 7.4492ACRE N ~O m 1 54.00' mM ; Jo y, 27.00' 27.00' z a I\ .t 27po' 27.00' q 7 z 8 H I K 54 0' 0.692 ACRE W !2 - - ro a C3 W L35 �1 $1 1 o ri Q H I K I m 3 I 0.678 ACRE W a j �m �0 8 - 153.74 e.00 146.00 _dry 90.61' 101.733' 184.00' m $$ N 00'34'4S E 375.74' a W3m z w N 8 LOT 'f 'r sa.13 z7.00' ABIGAIL=ONE . $ 1 j R zF n 0.112 ACRE n g H I J I N' N 0P34'13'E 310.13, m 90.62'd 1 OLOT ACC 296.13 PRIVATE STREET 3.50' a tp 3 - 103.62' 201.04' 85.59' 2 I i I s Z N y I 17.00' N 0034'1T E 390.25' N ' w I 126 .I - ,- 13.00 _ - ' 1 o 2 I A I I L17 I GOP ACRE 11.00' 6.00' 126 I 1 1 I J I LJ i_ J E 39. 168.71' N W3418' E 609.50' IN o0.34'17'E 609.51] ppl�?10N �F 2s.1s• �� 1J4• �AAG1fONAL �'50?f0� 1jQ���N1P 0 60U1N �ANG� 11 W�0? V�pNcNo BEACH BOULEVARD LA$ 1979.99'(1980.00')` _ _660.w (660.o0') e -N 00'16'3T E 2639.99' (N 00'16'3T E 2640.Ol)- - - 9 4 ATTACHMENT #7 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND WL NEWLAND ASSOCIATES, LLC FOR TRACT NO.16733 THIS AGREEMENT ("Agreement") is entered into this ^16 day of 2 DD , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and WL NEWLAND, LLC, a Delaware limited liability company, 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. 16733; 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 portions 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. 08-1595/22274 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 o£ 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. 08-1595/22274 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 08-1595/22274 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, in the amount of One Million Three Hundred Eighty Three Thousand Nine Hundred Forty Four Dollars ($1,383,944.00), 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. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 08-1595/22274 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 Six Hundred Ninety One Thousand Nine Hundred Seventy Two Dollars ($691,972.00), 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. XX 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 08-1595/22274 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 less than One Million 08-1595/22274 6 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: I. 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. 08-1595/22274 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: 08-1595/22274 8 TO CITY: TO SUBDIVIDER: City of Huntington Beach WL Newland, LLC ATTN: Director of Public Works Attn: Kevin Ends 2000 Main Street 3121 Michaelson Drive, Suite 200 Huntington Beach, CA 92648 Irvine, CA 92612 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 covenants and provisions of this Agreement. No covenant or provision shall be deemed 08-1595/22274 9 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 08-1595/22274 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. 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 08-1595/22274 11 y, 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 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. WL NEWLAND ASSOCIATES, LLC, a CITY OF HUNTINGTON BEACH, a municipal Delaware Limited Liability Company corporation of the State of California By: WL HOMES; LL C, a laware Limited Lia 'lity Compala b4i&� IT . Ma ager Mayor t By: David Prolo. btity Clerk pritRvaapon President ITS: (circle one) Secretary/Chief Financial Officer/Asst. INITIATED AND APPROVED: Secretary—Treasurer/Manager AND Director of Ablic Works By: ��"'`�' REVIE D PPROVED: pat es er , ITS: (circle one)SeMWR" (cia1 Officer/Asst. Finance City A m' lstrator Secretary-Treasurer APPROVED AS TO FORM: r sy orb,- C.,— � E'City Attorney 08-1595122274 12 ATTACHMENT #8 BOND NO. 5029609 _ PREMIUM $120.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: WL NEWLAND ASSOCIATES, LLC, THAT A DELAWARE LIMITED LIABILITY COMPANY as Subdivider of Tract No. 16733 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: WL NEWLAND ASSOCIATES, LLC, Thatsaid A DELAWARE LIMITED LIABILITY COMPANY (Subdivider) as principal, and BOND SAFEGUARD INSURANCE COMPANY as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of$ 16,000.00--- , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this 24TH day of APRIL 20 08 APPROVED AS TO FORM JENNIFER M_cGRATH,City Attorney 7.4 By Paul D'Alessandro Assistant City Attorney WL NEWLAND ASSOCIATES, LLC, A DELAWARE LIMITED LABILITY C MPANY as Principal By By. -- BOND SAFEGUARD IN,4LNCE COMPANY , as Surety r By D.J. PTC—be, AT ORNEY-IN-FACT BY._., fl STATE OF CALIFORNIA SS COUNTY OF ORANGE ONAI�� BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 10 a b AND /,0/9 Y# C- E�(?/fil A PERSONALLY KNOWN TO ME (OR PROVED TO 4 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 INSTRUM T. WITNESS M AND SIGNATU MY PR CIPAL PLACE OF BUSINESS IS NOTARY PUBLIC FOR SAID STA IN G COUNTY 4-f -T. St'tad iv T, - PRINTED NAME MY COMMISSION EXPIRES NANCY J.SCHWARTZ Commission# 1514586 Notary Public-California Orange County STATE OF CALIFORNIA aMy Comm.Expires S 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On APRIL 24, 2008 before me, CYNTHIA S.WOZNEY NOTARY PUBLIC Date Here insert flame and Title of the Officer personalty appeared D.J. PICARD Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(it) whose name(R) is/ame subscribed to the within instrument and acknowledged to me that he/ste9tfaEEyr executed the same in his/huckbmilircauthorized capacity(beg), ..of, CYNTHIA S.WOZNEY and that by his/t 4t eW signature(s)on the instrument the a COMM.#1670733 person(89,or the entity upon behalf of which the person(x) acted,executed the instrument. Notary Pub1io ORAWE COUNTY „�,�.• My Comm.Exp.June 25,20I0 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my and official s Signature Place Notary Sea]Above Signal re of)&Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: MONUMENT BOND Document Date: APRIL 24, 2008 - Number of Pages:_ Signers) Other Than Named Above:_____________ Capacity(ies)Claimed by Signer(s) Signer's Name: _ - Signer's Name: 0 Individual E=i Individual 1 J Corporate Officer—Title(s): — ❑ Corporate Officer Title(s):__ C Partner- -❑Limited❑General Partner 11 Limited[] General [i/ Attorney in Fact ❑ Attorney in Fact "thunib [) Trustee ° i_? Trustee❑ Guardian or Conservator Topofthumb here ❑ Guardian or Conservator Other: !..; Other: Signer Is Representing: Signer is Representing BOND SAFEGUARD INSURANCE COMPANY ib 2007 National Notary Associatwn•9350 De Soto Ave,P.O Sot 2402•Chatsworth CA 91313-2402-v.vnv.NationalNotary org Item 45907 Reorder Call Toll-Free 1-800-876-8827 POWER OF ATTORNEY AO 2 7 9 7 3 Bond SafeguardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard Todd M. Rohm Se.1al P. Lange, ****** Cathy S. Kennedy, Beata A. Sensi, Cynthia S. WomeY***************************************** its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond,$ 6,000,000.00 six million dollars **X************#XX#*************#kk###*#****X*X************#*X**********#********#*******#*#*******XX**********XX*****#X#X#*******X*#***X#*********** which the Company might execute through its duly elected officers,and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this A day of November, 2001. - IN80, BOND SAFEGUARD INSURANCE COMPANY AN ILLMIOIS Z INSURANCE COMPANY BY � David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAUREEN K.AYE aureen K.Aye Notary Public,State of Ulinots tary Public My Commission Expires 09/21/09 CERTIFICATE 1, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 24TH Day of APRIL 2008 �p INsu J AN O ttLAN Z INSURANCE $ COMPANY Donald D.Buchanan Secretary STATE OF California )SS COUNTY OF Orange ) 0, April 29, 2008 before me, Nancy J.Schwartz Notary Public,personally appeared 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 admowledged to me that he/she/they executed the same in his/her/their authorized capatity(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN 5 my hand and official seal. i re My Commission s 29,2008 This area for od9dalnotarialsmW Notary Name:_ a Schwartz Notary Phone;_942;265-6880 Notary Registration Number: 1514586 County of Principal Place of Business; Orange NANCY J.SCHWARTZ Commission# 1514586 Z OMYComm. Notary Public-California Orange County Expires Sep 29,2008 BOND NO. 5029608 PREMIUM INCLUDED IN THE PERFORMANCE BOND LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and WL NEWLAND ASSOCIATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated , 20 , and identified as project BLUE CANVAS - TRACT 16733 , is hereby referred to and OFFSITE STREET IMPROVEMENTS AND PUBLIC UTILITIES, made a part hereof; and ONSITE PUBLIC IMPROVEMENTS (WATER & SEWER) WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the SIX HUNDRED NINETY-ONE THOUSAND NINE HUNDRED aforesaid Code of Civil Procedures in the sum of SEVENTY-TWO & NO/100--- dollars ($ 691,972.00--- ), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on APRIL 24 , 2008 WL .NEWLAND ASSOCIATES, LLC, A DELAWARE LIMITED L LITY CO ANY , as Principal By By BOND SAFEGUARD INSU E COMPANY , as RriqeiW SURETY F By D.J. PICARD, ATTORNEY-IN-FACT By APPROVED AS TO FORM JENNIFER McGRATH,CkAttoxney By Paul D'Alessanaw Assistant City Attorney 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On APRIL 24, 2008 before me, CYNTHIA S.WOZNEY NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared D.J. PICARD Narne(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/3txAhHyK: executed the same in his/hu dtbrAKauthorized capacity(leg), and that by his/ITMXeix signature(A) on the instrument the CYNTHIA S.WOZNEY person(s), or the entity upon behalf of which the person(i) ' COMM.#1670733 in acted,executed the instrument. ° Notary Public�alifomla CR Not aryPubCOUNITY I certify under PENALTY OF PERJURY under the laws of My Comm. June 201t) the State of California that the foregoing paragraph is true •<r.oa°'' and correct. Witness my h and official sea rl Signature Place Notary Seal Above Sign e f otary uolic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LABOR AND MATERIAL BOND Document Date: APRIL 24, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual - --------------_---_-�-_----------_- {__J Individual ❑ Corporate Officer—Title(s): _ ❑ Corporate Officer ---Title(s):-.._ ❑ Partner----❑ Limited❑General ❑ Partner—0 Limited CI General N-4 Attorney in Fact ❑ Attorney in Fact ❑ Trustee i ❑ Trustee +,1 Guardian or Conservator Top of thumb here D Guardian or Conservator Tap of thumb here ❑ Other. Signer Is Representing: Signer Is Representing: BOND SAFEGUARD INSURANCE COMPANY V 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chats,orlh.CA 91313-2402•v:vni.NalionalNotaryorg Item 45907 Reorder Call Toll-Free 1-800-876-6827 STATE OF California )SS COUNTY OF Oranoe ) On April 29, 2008 before me, Nancy J.Schwartz Notary Public,personally appeared H.L. who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to a within instrument and admowledged to me that he/she/they executed the same in his/her/their authorized capadty(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. I c ,.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESS my hand and official seat. tu e 1 My Commission 29. 008 This area for ohidal notarial seal Notary Name: w Notary Phone: 949 265 66B0 Notary Registration Number: 1514586 County of Principal Place of Business; Orarwe NANCYJ.SCHWARTZ Commission#1514586 Z 0�4 Notary Public-California Orange County MY Comm.Expires Sep 29.2008 POWER OF ATTORNEY AO 27971 Bond SafeguardiNSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, Cathy S. Kennedy, Beata A. Sensi Cynthia S. Womey ***************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond,$ 6,000,000.00 Six million dollars******sssssssaa*sasessas*saasssssasass***sssesssassssssesssssssas which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. oJ*�iOI4 BOND SAFEGUARD INSURANCE COMPANY L F AN Q ILLNOI$ X INSURANCE C� COMPANY BY David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAL-REEK K.AYE aureen K.Aye Notary Public,State of Illinois tart'Public My Commission Expires 09/21/09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 24TH Day of APRIL 2008 �INS J AN ILUNOIS ; Z INSURANCE v $ COMPANY Donald D.Buchanan Secretary BOND NO, 5029608 PREMIUM $10,380.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and WL NEWLAND ASCCOCIATES, LLC, A DELAWARE LIMITED LIABILITY COMPANY (hereinafter designated as "principal') have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated 20 , and identified as project BLUE CANVAS , is hereby referred to and made a part TRACT 16733 - OFFSITE STREET IMPROVEMENTS AND PUBLIC hereof; and UTILITIES, ONSITE PUBLIC IMPROVEMENTS (WATER & SEWER) WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and BOND SAFEGUARD INSURANCE COMPANY , as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the ONE MILLION THREE HUNDRED EIGHTY-THREE THOUSAND penal sum of NINE HUNDRED FORTY-FOUR & NO/100--- dollars ($ 1,383,944.00--- ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable 1 attorney's fees incurred by"City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on APRIL 24 , 20 08 WL NEWLAND ASSOCIATES, LLC, A DELAWARE LIMITED BILITY COMPANY , as Principal By By BOND SAFEGUAP—/rPSU44CE COMPANY , as Surety By V7- D.J. -M'AtM-, ATTORNEY-IN-FACT By APPROVED AS TO FORM JENIJIFE M,cGRATH,City Attorney By Pain D'Alessanc6 �(c/ Assistant City Attorney 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On APRIL 24, 2008 before me, CYNTHIA S.WOZNEY NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared D.J. PICARD Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(R) whose name( is/me subscribed to the within instrument and acknowledged to me that he/stxWkRT executed the same in his/hurA>xniKauthorized capacity(tek), and that by his/Ixxsignature(X) on the instrument the '4. CYNTHiA 5° ®ZNEY person(8),or the entity upon behalf of which the person(a) a COMM.#1670733 v acted,executed the instrument. n Notary Public-Califo nl2 ORANGEC"TY 1 certify under PENALTY OF PERJURY under the laws of My Comer.Ems.Junes 25,2010 the State of California that the foregoing paragraph is true ram- and correct. Witness my h and official Signature Place Notary Seal Above Signatur of Not- 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 Title or Type of Document: FAITHFUL PERFORMANCE BOND Document Date: APRIL 24, 2008 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual Cl Individual ❑ Corporate Officer--Title(s): ❑ Corporate Officer - Title(s): Partner - ❑Limited❑General ❑ Partner—El Limited❑General 1>- Attorney in Fact ❑ Attorney in Fact ❑ Trustee a ❑ Trustee Ci Guardian or Conservator Top of thumb here ❑ Guardian or Conservator 7Tpofumb here ❑ Other: Ell Signer Is Representing: Signer Is Representing: BOND SAFEGUARD INSURANCE COMPANY 02007 Nationa:Notary Association°9350 De Soto Ave..P.O.Box 2402°Chatsworth.CA 91313-2402•wwvi.NalioaalNotary org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 STATE OF California )SS COUNTY OF Orancte 1 On April 29, 2008 before me, Nancy] Schwartz ,Notary Pubfic,personally appeared who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to within instrument and admowledged to me that he/stWthey executed the same in his/her/their authorized capadty(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 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT E55 my hand and official seal. My CSi re ommission s: 008 This area for offiba/notarial seal Notary Name: w Notary Phone;_949,�65 6880 Notary Registration Number: 1514586 County of Principal Place of BusmessL Orange NANCYJ.SCHWARTZ w Commission#1514586 •� Notary Public-California Orange County MY Comm.Expires Sep 29,2008 POWER OF ATTORNEY AO 27972 Bond SafeguardINSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: D.J. Picard, Todd M. Rohm, Sejal P. Lange, ****** Cathy S. Kennedy, Beata A. Sensi Cynthia S. Womey ***************************************** its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond,$ 6,000,000.00 Six million dollars**«+sssasssssss++sss+sass«s++s++ss*ss+s+*+++sssssssssss+s++sss*ss •xr,rs,taea�ax�*tea,tan,t�,t,tsw�,ta,tara�a�ax<ar�a���a,r+ss+axaxx�a,t<s�xs�,t�a�s«,t,t+a+��xr+,t��saa�:xt��a,tx�ar::x����xsa,t�aarxrt+a�,txa�a*a*aara,ta�asa,E*,tv.,r�x+ax* which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attorney-in-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November,2001. J�pINS(f, BOND SAFEGUARD INSURANCE COMPANY ��o m CT AN 0 ILLIN0IS Z INSURANCE COMPANY BY David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MAL'REEN K.AYE aureen K.Aye Notary Public,State of Illinois tary Public My Commission Expires 09/21/09 CERTIFICATE I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this 24TH Day of APRIL 20 08 J CT AN o tt1#XXS ; Z INSURANCE c� COMPANY Donald D.Buchanan Secretary RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16733 and Subdivision Agreement (Blue Canvas) COUNCIL MEETING DATE: September 2, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not A plicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable ❑ Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached t Applicable ®❑ Staff Report (If applicable) tached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ EXPLANATIOH FOR MISSING ATTACHMEHTS REVIEWED RE U NED FORMA QED Administrative Staff ( ) ( ) Deputy City Administrator (Initial) City Administrator (Initial) ( ) ( I -Citv Clerk ( ) EXPLANATION FOK RETU , N OF ITEM: g /`Q_ AnwTe 6D Y-. >- ---------------- t RCA Author: SH:HF:AG:lw RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) H CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: SKr)Freiden rich, City Treasurer FROM: 2A l6 DATE: U SUBJECT: Bond Acceptance have received the bonds for t1�/ (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 r � Agenda Item No. I� (Cou it Appr val Date) City Clerk Vault No. � bO #27 g:/foilowup/bondletter.doc CITY OF HUNTINGTON BEACH 1-01 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 3, 2008 WL Newland, LLC Attn: Kevin Ends 3121 Michaelson Drive, Suite 200 Irvine, CA 92612 Dear Mr. Ends: Enclosed for your records is a copy of the Subdivision Agreement between the City of Huntington Beach and WL Newland Associates, LLC for Tract No. 16733. Sincerely, oan L. Flynn, CMC City Clerk JF:pe Enclosure: Agreement Ufollowup:agrmtltr (Telephone: 714-536-5227)