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HomeMy WebLinkAboutTracts Por Of TT 11417 Mansion Properties Inc. 122 STATERNT OF THE ACTION OF THE CITY COUNCIL / Council Chamber, City Hall Huntington Beach, California March 6, 1989 Mayor Bannister called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None CONSENT CALENDAR - (ITEM APPROVED) On motion by MacAllister, second Silva, the following item was approved, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: None NOTICE OF COMPLETION - TRACT 12249 - MANSION HILL - Accepted improvements dedicated for public use in Tract 12249 located w/s Huntington, n/o Yorktown, authorized release of the Faithful Performance Bond and the Monument Bond, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. Mayor Bannister adjourned the regular meeting of the City Council of the City of Huntington Beach at to Monday. March 20, 1989 at 5:30 PM in Room B-8, Civic Center, Huntington Beach, CA ATTEST: Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City Connie Brockway of Huntington Beach, California City Clerk STATE OF CALIFORNIA ) Wes Bannister County of Orange ) Mayor City of Huntington Beach) I, CONNIE BROCKWAY, the duly appointed ano qualified City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the 6th day of March , 19 89 . WITNESS my hand and seal of the said City of Huntington Beach this the 8th day of March 19 89 Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BYE, aG2li. D tv Insurance and Safety Acts of the State of California, and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs, presented, brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by SUBDIVIDER under this Agreement; SUBDIVIDER shall provide to CITY evidence of Workers ' Compensation Insurance, or self-insurance satisfactory to the City Attorney. 11. PUBLIC WARNING AND PROTECTION: SUBDIVIDER shall at all times until CITY's final acceptance of the works of improvement give good and adequate warning to the traveling public of each and every dangerous condition within said streets and highways, and will protect the traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the improvements herein agreed to be performed, each of said streets and highways not accepted as improved shall be under the exclusive control of SUBDIVIDER for the purpose of this Agreement. With the consent of the City Engineer, SUBDIVIDER may close all or a portion of any street whenever it is necessary to protect the traveling public during the making of the improvements herein agreed upon. SUBDIVIDER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer . 12 . INDEMNIFICATION-COVENANT TO SAVE AND HOLD HARMLESS: SUBDIVIDER shall fully indemnify and save and hold harmless CITY, its officers, agents and employees from any and all liability, losses and costs imposed for injury occurring by reason of anything done or omitted to be done by SUBDIVIDER in performance of this Agreement and in construction of the improvements, excepting when such error or omission is solely 5 . • • the fault of the CITY, its officers, agents or employees, and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of its performance of this Agreement against CITY, its officers, agents or employees . 13 . LIABILITY FOR WORK: In addition to the covenants to hold and save harmless and to provide insurance, the parties agree that neither CITY nor any officer or employee thereof shall be liable or responsible for any accident, loss or damage happening or occurring to the work specified in this Agreement prior to the completion and acceptance of the same by CITY, nor shall CITY or any officer or employee thereof be liable for any person or property injured by reason of the nature of said work, but all of said liabilities shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to protect and defend CITY and the officers thereof from all liability or claim because of, or arising out of,' the use of any patent or unpatented article in the construction of said work. 14. ATTORNEY' S FEE: In the event suit is brought by CITY to enforce the terms and provisions of this Agreement or any bond given to secure the performance hereof, a reasonable attorney' s fee, to be fixed by the court, shall be paid by SUBDIVIDER in CITY' s favor . REST OF PAGE NOT USED 6. REQUEA FOR CITY COUNCOACTION Date February 18, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director, Develvices o Paul Cook, Director , Public Works Subject: FINAL TRACT MAP 12249, BEING A POR ION OF TENTATIVE TRACT NO. 11417 , AND BONDS AND AGREEMENTS FOR TRACT 12249 LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND CLAY AVENUE Consistent with Council Policy? [V1 Yes [ ] Nei .i4BR%K)arfaco—t OPTY-COU CCli r a/Y--'� Statement of Issue, Recommendation,Analysis, Funding Seuxce*.Alternatiye ctions�gVtach ents: STATEMENT OF ISSUE: 1C I--T Y E— The final map of Tract No . 12249 being a portion of Tentative Tract No. 11417 has been submitted to the City Council for approval . Also Section 66499 of the Subdivision Map Act requires the local agency to approve bonds and . agreements for new subdivisions. Tentative Tract No. 11417 will expire on October 14, 1986 . RECOMMENDATION: 1 . . Approve the map pursuant to. the required findings set forth in Section 66458 of the Government Code. 2. Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative. map pursuant to the mandatory findings established by the Planning Commission as set forth by Section 66474 of the Government Code. 3. Accept the offer of dedication and improvements subject to completion of requirements shown. 4 . Instruct the City Clerk to not affix her signature to the map nor release it for .preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering and inspections shall be provided; b. A Certificate of Insurance shall be submitted; C. Subdivision Agreement; d . Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. P10 5/85 e. The Declaration of Covenants, Conditions, and Restrictions shall be reviewed and approved by the Department of Development Services and "approved as to form" by the City Attorney prior to the recordation of the final map. 5. Park and Recreation Fees shall be paid or a surety posted in an amount equal to the in lieu fees and "approved as to form" by the City Attorney prior to recordation of the final map. 6 . It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement, a . Faithful Performance Bond No. 7129494 b. Guaranty and Warranty Bond No. 7129496 c . Labor and Material Bond No. 7129494 d. Monument Bond No. 7129495 and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council accept the subdivision agreements and instruct the City Clerk to file one copy and return the second to the subdivider . All the bonds have been approved for amount by the Department of Public Works and, as to form, by the City Attorney 's Office. ANALYSIS• SUBDIVIDER: Mansion Properties, Incorporated Urban West Communities 2110 Main Street Huntington Beach, CA 92648 ENGINEER: Walden and Associates 4002 W. Garry Avenue, Suite B Santa Ana, CA LOCATION: South side of Clay Avenue between Huntington and Main Streets ACREAGE : 2 . 928 LOTS: one lot NO. OF UNITS: 36 ZONE: R2-0-CD GENERAL PLAN: Medium Density Residential DISCUSSION: The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being RCA - 2/18/85 -2- (4183d) substantially in accordance with the tentative map as filed with, amended, and approved by the Planning Commission. ENVIRONMENTAL STATUS: Environmental Impact Report No. 78-4 was approved by the Planning Commission on March 2, 1983. FUNDING SOURCE: Not applicable. ATTACHMENTS: 1 . Area Map 2 . Minutes from October 14 , 1985 City Council Meeting JWP:RLF : kla RCA - 2/18/85 -3- (4183d) __j iGARFIELD I L 1 1 / / I I AVE. L I+ « _ »« k R2 >o r, I A i LR MHMI ° S R2 ' C2 c� MI .•� M�-A �c 1 m R2 0 o RA-0 R 2 `. . .�. a Q RA-0 r� MI-A-0 R 2 o- W _ � R2 C4� fi R2 R2 -R2 M R R 2 R2 ¢ R- $ )R2-a R2`�,`, R2 2 I PLAN WWRICT I.) may, C AY R �R��4 R3 es: R2-0-PD b lc •a! i R2�0 2R2 � =° YJO AVE �•'' ( m-a-�9 0 �.R!t.R..i i_ I Al RI I NRC2-0-CD �: Eltl.•A« C2-0 �r 1� ,,� ,� z�_ �.w R2R2-0 PD j g 'J R2.0 RI I p! •••+•«� m. RI r MIL IA g M.l.lo Z i r try WS AVE, R2 R2 R2 gi R5-O�D �-o-P R2 0 4 a'W R 2 C2-0-CD 3 W RQ II C4.. AVE > ;• M-o-Lro ca R2-0 0 t, C F-C CF—E—CD (alm CENTER) R2-0-CD ICHITA—r R A R 2 C 2 (HUNTINfiI'f ::A;. R7!ON HISH SCHOOL) CF-E-CD' o " o o " _c0_o R2-0 R2 R2 tII bCF-E I cD o VE14WL• - _�°.... �. oc -CD-O •o a JR4 i--�I1rT� r-.r��r—fr•-� r—�r� r�r—i r'��i1 r--, r- �I�Ti FT 12 Z+9 HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION REQUER FOR CITY COUNCIP ACTION Date 44apgh 3 1 ga4 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator ®��I���, I Prepared by: £ Louis F. Sandoval, Director of Public Works �0ll,�.��� Subject: NOTICE OF COMPLETION TRACT 12249 - (n� Consistent with Council Policy? )q ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE_: Mansion Hill has completed all street improvements for Tract 12249 and is requesting release by the City, as required by Section 66499.7 of the Subdivision Map Act. RECOMMENDATION: 1. Accept the improvernents dedicated for public use. 2. Release the Faithful Performance Bond. 3. Release the Monument Bond 4. Instruct the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. ANALYSIS: Subdivider: Mansion Hill, 520 Broadway, #100, Santa Monica, CA Engineer: Walden & Associates, 18012 Cowan, #210, Irvine, CA 92714 Location: W/s Huntington, N/o Yorktown Lots: 1 Acreage: 2.928 Zone: R2-O-CD ATTACHMENTS: Sectional District Map This tract has been constructed in substantial accordance with the plans and specifications on file in the Department of Public Works. LES:BPC:lw 1977g/8 I �J P10 5/85 NOTICE OF "APLETION WITH CONDITIONS r 'TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO CITY CLERK DATE : FROM : PUBLIC WORKS DEPARTMENT Bruce Crosby TRACT NO . !�ZZ-�ln DEVELOPER CONDITIONS : Deposit of fees for water, sewer, 6� drainage, engineering and inspection Bond for Improvement . . . . . . . . . . Signature of Agreement . . . . . . . Certificate of Insurance . . . . . . . . IZond (or Monumonts . . . . . . . . . . . I-Ihoi- X IM.t i or i ;1 1 I;olid . . . . . . . . . t� ih(,r O Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Date TO: City Clerk FROM: PLANNING DIVISION James W. Palin TRACT NO. l� PARCEL MAP NO. RECREATION & PARK FEES PAID OTHER: (Signature) 1• 0, S-ECTIONAL DISTRICT MAP 2-6- II SCALE IN FEET I CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP k GARFIELD AVE. s•�� J 1 � I I 1'I / / �I I I I I'l I L.. ss as In i LA o li CL4Y ..__,.......�.�_...._._.._._...r..on ,. .......... � .. XBf?i.zee sA - ' I:r .41 •�1 OWEN AVE. VE CLE1 LAND AV _.I.. . LxA CA WILLIAMSAVE. , W I f w o rV � -I a p } :� I LD °j YORKTOWN r AVE. Al CF-C CF-E F'IW�I�CKIITAAA AVE. NL1.11.l.IL'.LLII� HammCR. VENICE AVE. UTICA - AVE. ' CF—R TORI�ON�TO® AVE. I I AN.d.J SRRINGFIELD �AVE. y Q -,�•. 1a—E®HTa—uIM CAo $'' A•. ?tom 44y, w Z ROCNESTEF o i AVE.W <H Q Q Co msm'-! I—TT d I I I I I T r \) / ADAMS AVE. „� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 11 , 1986 Continental Land Title 529 N. Main Santa Ana, CA Attention: Subdivision Officer RE: Tract Map No. 12249 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California .92648. Alicia M. Wentworth City Clerk AMW:bt Enclosure Received Dated (Telephone: 714-536-5227) SUBDIVISION IMPROVEMENT SECURITY AGREEMENT BETWEEN THE CITY OF. HUNTINGTON BEACH AND MANSION PROPERTIES, INC—_ AND U.W.C. -- HUNTINGTON BEACH, LTD. /1" THIS AGREEMENT is entered into this kTr day of L4 1986 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, herein- after referred to as "CITY, " and Mansion Properties', Inc. , a California corporation, and U.W.C. -- Huntington Beach, Ltd. , a California limited partnership, collectively hereinafter referred to as -"SUBDIVIDER. " WITNESSETH: WHEREAS, SUBDIVIDER is subdividing that certain parcel of land shown within the subdivision boundaries of Tentative Tract Map 12249 (herein as "map" ) ; and, CITY has imposed certain on-site and off-site development improvement requirements. (herein as "improvements" ) --upon SUBDIVIDER, which conditions must be fulfilled prior to recorda- tion of a final map; and, Exigent circumstances have made it impossible for SUBDIVIDER to construct such improvements prior to the filing of said final map; and, SUBDIVIDER desires to post security with CITY to insure that all improvements will be completed after such recordation, and CITY is willing to accept such security in lieu of present compliance with the conditions of the maps . NOW, THEREFORE, the parties hereto covenant and agree as follows: 1. WORK STATEMENT - SUBDIVIDER TO CONSTRUCT IMPROVEMENTS SUBDIVIDER agrees that it will, within ninety (90) days of written notice to proceed from City' s Director of Public 1. Works and, in any case, within two (2) years from the date above first written, complete to CITY' S specifications and to the satisfaction of its inspectors all unfulfilled conditions of the map and that all works of construction and improvement shall be finally offered to and accepted by the CITY. 2. IMPROVEMENT SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997 , upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of $42 ,000.00, as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement. The deposit may be by corporate surety bond, cash or other approved form of improvement security. At any time, CITY, at its sole option, may require any surety to enter upon the job site and complete the improvements, or the CITY may, at its sole option, invade any deposit given it or utilize any other form of security deposited or made available to it to commence and/or complete the improvements . All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney. 3 . GENERAL STREET CONSTRUCTION SUBDIVIDER agrees to perform the following works of improvement: 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, domestic water systems, water mains, lot laterals and installation of meter; engineering costs; and any miscellaneous requirements as may be set forth in HBOC Chapter 99. Such work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer according to HBOC provisions and which are in effect when 2 . the work is to be performed; all of said work shall be done at the sole cost and expense of SUBDIVIDER, and all labor and material bills shall be paid by it in a good and timely manner . SUBDIVIDER agrees to complete all public street improvements, including perimeter walls and landscaping, prior to release or connection of utilities for occupancy for any lot in the Tract. 4. ACCEPTANCE OF IMPROVEMENTS - RETURN OF CASH DEPOSIT If SUBDIVIDER has made cash deposit with the City Treasurer under Section 2 hereof, upon CITY' s acceptance of the improvements the SUBDIVIDER may demand return of said deposit which shall be returned, with legal interest, within 30 days of said demand. 5 . SUBDIVIDER BREACH OF COVENANT TO CONSTRUCT In the event that SUBDIVIDER fails to satisfactorily complete construction of the improvements within ninety days after CITY' s notice to proceed, CITY, at its sole option, may invade and use the deposit in order to complete the construction of improvements hereunder. Any monies remaining unspent upon completion of improvements shall be returned to SUBDIVIDER as provided in Section 4 hereof. 6 . PLANS, SPECIFICATIONS, REQUIREMENTS OF CITY: All improvements will be constructed in accordance with the CITY' s plans, specifications and requirements applicable to similar work usually performed under contract to CITY and which are in effect at the time of their construction. 7 . INSPECTION: CITY shall control work in all public job sites and dedicated areas . CITY may inspect the construc- tion of improvements at all reasonable times . CITY will cooperate with SUBDIVIDER to provide access to CITY-owned utilities and allow all necessary encroachments to public or CITY-owned property; provided, however , that the entire cost thereof shall be borne by SUBDIVIDER. 3. 8. WARRANTY: All improvements shall be fully and absolutely warranted by SUBDIVIDER as to materials and workman- ship for one (1) year after the date of acceptance by CITY. 9. GENERAL PUBLIC LIABILITY INSURANCE: SUBDIVIDER will maintain in force during the construction period and until CITY' s final acceptance of the work, at SUBDIVIDER' s sole expense, a general public liability policy in which CITY is named as an Additional Insured. Such policy shall indemnity CITY, its officers and employees, against any and all loss, damage or expense by reason of any suits, claims, demands, judgments and causes of action arising out of or in consequence of SUBDIVIDER's performance of this Agreement. The policy shall provide for not less than the following amounts: Combined single limit bodily injury and/or property damage including products liability: $1,000,000 combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Board of Casualty Underwriters, together with such endorse- ments as are required to cover the risks involved. SUBDIVIDER shall arrange for the policies to be so conditioned as to cover the performance of extra or unforeseen work, should such work become necessary. Evidence of such insurance shall be furnished to CITY on the CITY' s form and shall be approved by the City Attorney. Any such policy must contain a provision of written notice to the CITY of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before each expiration or cancellation is effective. 10. WORKERS ' COMPENSATION: SUBDIVIDER shall comply with all of the provisions of the Worker ' s Compensation 4. Page 3 - Council Minutes - 10/14/85 - M�nnening of the municipal pier and the dedication of the End Cafe. Mr. Cook tha c mittee of city employees. EMPLOYEE SUGGESTION AWARD - �9 The Mayor presented a plaque and a chec 500 to former Public Works Department employee Karl Huy for his suggestion traffic engineer-. ing count program. PUBLIC HEARING - APPEAL TO PC CONDITIONS TO APPROVAL OF ONE YEAR EXTENSION OF TIME FOR TT L1417 - OVERRULED PC - DELETED CONDITION #2 - CURRENT FEM TO BE PAID - MANSION HILL CO / The Mayor announced that this was the day and 'hour set for the continuance of a public hearing opened August 19, 1985 and continued open from September 16, 1985 for the purpose of considering an appeal filed by Stephen Gunther, Man- sion Hill Co. , to the Planning Commission's conditions of approval of a one- year extension of time with conditions for Tentative Tract No. 11417 pursuant to Section 9941 of the Huntington Beach Ordinance Code within the R2-0-PD-CD (Medium Density-Oil Production-Planned Development-Civic District), R2-0-PD, and R2-0 Districts. Mansion Hill is appealing the Planning Commission's imposition of conditions on the granting of an extension of time. The subject property is located at the .northeast corner of Yorktown Avenue and Main Street. i Jim Palin, Development Services Director, stated that Council had been provided with a communication from the City Attorney's Office dated October 14, 1985 recommending that Council delete the condition relative to park and recreation fees. Art DeLaLoza, Deputy City Attorney, stated for the record: "The recommenda- tion from the City Attorney's Office was that in effect even though you don't call it a condition the City may impose and receive the higher and 1983 fees for the granting of this particular request; so even though you don't call it a condition those fees are in effect as of 1983 and therefore would apply to this particular application." Roger Work, representing Mansion Properties, requested Council approval of the extension of Tentative Tract No. 11417 with removal of the condition that the f project shall be subject to current park and recreation fees. IThere being no one present to speak on the matter and there being no protests j filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by MacAllister, seconded by Mandic, to continue to October 21, 1985 a decision on the appeal filed by Stephen Gunther, Mansion Hill Company, to the Planning Commission's imposition of con- ditions on the granting of an extension of time for Tentative Tract No. 11417; the purpose of the continuance to give Councilmembers time to review a commun- ication received October 14, 1985 from the City Attorney's -Office. The motion failed by the following roll call vote: AYES: MacAllister, Mandic, Green NOES: Kelly, Bailey, Finley NOT VOTING: Thomas ABSENT: None - . . �.ter:=: •. - Page 4 Council Minutes - 10/14/85 A motion was made by Finley, seconded by Kelly, to overrule the Planning Com- mission's approval of the one-year extension with conditions for Tentative Tract #11417 - (Revised) by deleting the condition of the requirement to pay the current fees, with the full understanding that the City shall .collect_._the .. current park and recreation fees. The motion carried by .the following roll call vote: AYES: Kelly, Mandic, Bailey, Finley NOES: MacAllister, Green NOT VOTING: Thomas ABSENT: None PUBLIC HEARING - CODE AMENDMENT 85-11 - BOARD OF ZONING ADJUSTMENTS - TABLED Th yor announced that this was the day and hour set for a public hearing open my 15, 1985 and continued open from September 16, 1985 for the pur- pose o nsidering a code amendment to revise Article 981 of the Huntington Beach Or nce Code covering the make-up, public notice requirements, and areas of re • nsibility of the Board of Zoning Adjustments. On motion by Ba ey, second Kelly, Council tabled consideration of Code Amend- went No. 85-11 b he following roll call vote: AYES: Kelly, cAllister,. Mandic, Bailey, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None !i .PUBLIC .HEARING - ZONE CHANGE -11 - APPROVED AS AMENDED - ORD NO 2803 INTRODUCTION APPROVED - ATLANTIC WHFIELD CO The Mayor announced that this was th ay and hour set for a public hearing to consider a request to redesignate .51 re service station site from C4 (High- way Commercial) to C4-SS (Highway Comm ial - Service Station) for the pur- pose of remodeling and establishing a con nience market. The subject site is located on the northeast corner of Beach Bo vard and Garfield Avenue. The Mayor stated that City Council would al consider Negative Declaration { No. 85-39 assessing the environmental effects o one Change No. 8 5-11. The City Clerk announced that all legal requireme s for notification, publi- cation and posting had been met, and that she had ceived no communications or written protests to the matter. Jim Palin, Director of Development Services presente a staff report. he stated that a communication dated September 10, 1985 ha been received from George Buccola, property owner of-.the vacant parcel front on Garfield Ave- nue, east of the subject site, stating his concern that t parking may be inadequate and that the setback requirements could adversely ect his devel- opment options. Mr. Buccola suggested that a -"Q"- Qualified Zo be placed on the property so the owner would be required to do the followin 1) provide parking based on parking requirements for other retail establishm s, and 2) prohibit placement of signs, outdoor storage, pump islands, etc., such a way as to block the view of Mr. Buccola's site. 33 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this Q `da of � Gz,Glr��y!/�'d , 190, before me, the undersigned, a Notary Public i d for said County and State, personally appeared NORMAN BURNAM, managing Trustee of the Burnam Family Trust of 1982, known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of UWC-HUNTINGTON BEACH LTD., A CALIFORNIA LIMITED PARTNERSHIP, said partnership being known to me to be one of the partners of MANSION HILL, A CALIFORNIA PARTNERSHIP, the partnership that executed the within instrument and acknowledged to me that he executed the same as one of the partners of the partnership first above named, that said partnership first above named executed the same as one of the partners of said MANSION HILL, A CALIFORNIA PARTNERSHIP, and that said partnership last above named executed the same. WITNESS my hand and official seal. OFFICIAL SEAL JULIANA LEWIS NOTARY PUBLIC-CALIFORNIA OIL PR!NC:PAL OFFICE IN ` \ LOS ANGELES COUNTY y r , Tana Lewis - ,," .�--�•m"�2,-k:_A�...--'iG�S:?f��1.�3'9T M-_r:::L::;,.-:�5.::-�-:-:'� STATE OF CALIFORNIA COUNTY OF ORANGE ss: On this /�7 day of11XW4_% , 19��_, before me, a Notary Public in and for said County a d State, personally appeared known to me to be the Mayor and ,L; �,a,, may_ IdAt,&,ttIA ., A , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. .�. .. OFFICIAL SEAL CONNIE A BROCKWAY `'tom r v f -�-c A. NOTARY PUBLIC -CALIFORNIA C ORANGE COUNTY My comm. expires OCT 10, 1989 ' 15 '. NOTIC All notices required or Armitted here- under shall be delivered in person or by reisl-ered or certi- fied fied mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 16. ENTIRETY: The foregoing represents the entire Agreement between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized upon the day, month and year first above written. MANSION HILL, a General Partnership MANSION PROPERTIES., INC. , CITY OF HUNTINGTON BEACH a California corporation a municipal corporation of the State of California W. o nson, PRESIDENT Robert P. Man ic, Jr. , OR A. . . C ark SECRETARY/TREASURER U.W.C. -- HUNTINGTON BEACH, LTD. , a California Limited Partnership By: The Burnam Family Trust of 1982 , as General Partner- Norman Burnam TRUSTEE INITIATED AND APPROVED: APPROVED AS TO FORM: ILA, t _ foc—�LL , Paul Cook Gai Hutton DIRECTOR OF PUBLIC WORKS CITY ATTORNEY REVIEWED & APPROVED ATTEST: CITa I es =b A icia entwort • CITY ADMINISTRATOR CITY CLERK • 1113L:12/20/85 7 . _ 1 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this 13 day of January , 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared J.W.Johnson , known to me to be the President , and A.J.Clark known to me to be the Secretary-Treasurer of MANSION PROPERTIES, INC., the corporation that executed the within instrument and personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument on behalf of said corporation, said corporation being known to me to be a general partner of MANSION HILL, the California general partnership that executed the within instrument and acknowledged to me that said corporation executed the same pursuant to its bylaws or a resolution of its Board of Directors as a General Partner of MANSION HILL, a California general partnership, and acknowledged that such general partnership executed the same. WITNESS my hand and official seal. Signatu OFFICIAL SEAL SHIRLEY M. EKSTROM Notary Public-California ® ORANGE COUNTY 0 e }. My Comm. Exp. Nov.25,1988 Shirley:M. Ekstrom Name (typed or printed) (This area reserved for official seal) My commission expires: 11/25/88 WHEN RECORDED, RETURN TO: RICHARDS, WATSON, DREYFUSS & GERSHON Attorneys at Law ti �A 333 South Hope Street, 38th Floor Los Angeles, CA 90071 U YIV . Att: Mr . Mark L. Lamken NOTICE OF DECLARATION OF ANNEXATION TRACT 12249 ^P PT'0V?:n AS TO ORANGE COUNTY, CALIFORNIA by: Dc:J) ty i.i ty Y,L Loi ll(y This Declaration of Annexation is made this _g day Of _)AijM,U , 198&� by Mansion Hill a California partnership (hereinaft r referred to as "Declarant" ) , with reference to the following facts: A. Reference is hereby made to that certain Declara- tion of Covenants, Conditions and Restrictions for Lots 2- and 3 of• -Tract 120.27, r.ecorded• on November 2, 1984 . as Document No. 84-451850, Official Records of Orange County, California, as amended by Amendment to Declaration of Covenants, Conditions and Restrictions, recorded on April 15, 1985, as Instrument No. 85-131207, Official Records of Orange County, California, (hereinafter collectively referred to as "Declaration" ) . B. Declarant is the sole owner of Lot 1 of Tract 12249 , more particularly described hereinbelow. Said real pro- perty constitutes a portion of the real property described in Section 2, Article II , and Exhibit A, of said Declaration. C. Section 2 of Article II of the Declaration pro- vides that all or any parts of the real property described in Exhibit A thereto may be annexed to Lots 2 and 3 of Tract 12027 and added to the scheme of the Declaration and subjected to the jurisdiction of the Pacific Ranch Homeowners Association, upon the conditions stated in said Section, by the `filing of a Dec- laration of Annexation, pursuant to Section 4 of said Article II. D. Lot 1 of Tract 12249 complies with the conditions stated in Section 2 of Article II . NOW, THEREFORE, Declarant declares that that certain real property situate in the City of Huntington Beach, County of Orange, State of California,- described as : Lot 1 in Tract 12249 as per Map thereof recorded on , 198 , in Book , Pages through , inclusive, of Maps, in the office of the County Recorder of Orange County, California, and referred to hereinafter as "Residential Lot, " is and it shall hereafter be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, charges and liens set forth in that certain Declaration of Covenants, Conditions and Restrictions recorded on November 2, 1984 , as Document No. 84-451850 , Official Records of Orange County, State of California, as amended by Amendment to Declaration of c. An easement in favor of the Associatiun for . ingress and egress and for the use and enjoyment of the common facilities and common oven spac3' withir. the Common Area of the Annexed Property for the use and benefit of all of the members of the Association, be- ing all. Owners within the Project ,. including thr. Property, all properties annexed thereto and the Annexed Property, in accordance with Article I1 of the Declaration. d. The rights of Declarant to convey parking spaces and parking easements as provided in Article XV of the Declaration. ARTICLE III PROPORTIONATE SHARES FOR COMMON EXPENSES Section 1 . The proportionate shares of the Owners of the respective condominiums in the common expenses of the Com- mon Areas and Common Facilities Areas of the Project, including both the Existing Property, and other properties heretofore annex.ed :thergto,• .and .the. Annexed Property shalt be ,one-two huh dred ninety eighth ( 1/298) . Section 2. Said proportionate shares are applicable to Owners of all units within the Project, as that term is defined in the Declaration, and may be modified upon annexation of additional properties as provided in Section 4 of Article VI of the Declaration. ARTICLE IV EFFECT ON DECLARATION In all other respects, the Declaration, as supple- mented and modified hereby, shall be and remain in full force and effect and shall be applicable to and govern the Units and Common Area annexed hereby as though set forth . in full herein. ARTICLE V INCORPORATION OF AGREEMENT Appended hereto, and made a part hereof as though set forth in full, is the written commitment of Declarant to -3- 860122 pf 0426MLL(0) contribute to the reserves of the Association under certain circumstances more fully set forth in the appended material . IN WITNESS WHEREOF, the undersigned, being the Declar- ant herein, has executed this Instrument the day and year first above written. MANSION HILL A California Partnership By: MANSION PROPERTIES, INC. A California Corporation, Partner By: p! Ali By: Ae Sf=ca2E7)4rty By: UWC-HUNTINGTON BEACH LTD. , A California Limited Partnership, Partner 11 TilOU-) �' �' '�:�" By: The Burnam Family Trust of 1982 BY: Del aLys Gity dtLei°uc By Norman Burnam, Trustee STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. On this Z-. day of11. d.( (.Public in and for said C�and State ' 1986, before me, the undersigned, a Notary managing Trustee of the Burnam Family Trust of1982 k personally appeared NORMAN BURNAM, the basis of satisfactory evidence) to be one of the partners to me (or proved to me on BEACH LTD,, A CALIFORNIA LIMITED PARTNERSHIP s of UWC-HUNTINGTON me to be one of the partners of MANSION HILL partnership that executed the within instrument and acknowledged said partnership being known to executed the same a one of the partners of A CALIFORNIA PARTNERSHIP, the partnership first above named executed the same as n nowlerst a to me that he the partnership first above named, that said MANSION HILL, A CALIFORNIA PARTNERSHIPof named executed the same. , and that said partners of said 1d partnership last above WITNESS my hand and official seal. IG1IIIUIIWYIIIIIIYIIMRWINWItlIYtlIIYlIC1opIIIgIIIIIIQ OFFICIAL SEAL(:ALunRMA !� (� RU('LORI A. TURITZ e # •' J NOtAR, PiI � 1 PRINf;IPAI. OFFWE IN LOS AN,ELES COUNTY _ ,v n,�V*n.�A1Y Commission Expires SeDt.11,1987 alnv�ua.e,wnv•rr+w+.n«�wel..a.:m.-,,.s:...,. -4- 860172 011-6ML1-f,0) AGREEMENT The undersigned, being the Declarant named in the Declaration of Annexation to which this Agreement is attached hereby agree that it will, upon closing of the sale of the first Unit referred to in said Declaration of Annexation pay to the Pacific Ranch Homeowners Association, an smourt equa". to these reserves for replacement or deferred maintenace of the Common Area improvements and the Common Facilities Area improvements within the real property described in said Declar- ation of Annexation necessitated by or arising out of the use and occupancy of the residences under any rental program con- ducted by Declarant (or its predecessors in interest) which has been in effect for not less than one year prior to the date of closing of said first Unit . Dated: 19 . ll 44ANSION HILL A California Partnership By: MANSION PROPERTIES, INC. A California Corporation, Partner T By: yh v�c..c3- �.a�s crr•r' By: By: UWC-HUNTINGTON BEACH LTD. , A California Limited Partnership, Partner By: The Burnam Family Trust of 1982 By7��`e'"" Norman Burnam, Trustee 860122 of 0426MLL(0) i STATE OF CALIFORNIA ) ss . COUNTY OF LOS ANGELES ) On this , day cf , 19 before me the undersigned, a Notary Public in and *or said County and State, personally appeared the basis of satisfactory evidence) to be partners of a partnership, said part- nership being known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of UWC Huntington Beach, Ltd. , the partnership that executed the with- in instrument, and acknowledged to me that they executed the same as partners of the partnership first above named, that said partnership executed the same as the partner of Mansion Hill, and that said named partnership executed the same. Notary Public in and for said County and State STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On before me, the undersigned, a Notary Pub c in and or §aid County and State, personally appea I I. Kelly , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Lc ., President, and A, 1. Clark personally known to me (or proved to me on the basis of satis- factory evidence) to be the Secreftry - Ireaserer of Mansion Properties, Inc. the corporation that executed the within instrument and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Mansion Hill, the partnership that executed the within instru- ment, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Notary blic in and for said County and State OFFICIAL SEAL SHIRLEY M. EKSTROM Notary Public-California Fe" , ORANGE COUNTY My r`' wov 25,1088 860122 pf 0426MLL(0) Subordination The undersigned, Beneficiary under that certain deed of trust recorded on February 14, 1984, as Irstrument -No. 84- _. _ .061343,.. Official Records of Orange County, California, hereby _- - -- - - consents to the within said Noticed Declaration of Annexation for Tract 12249 and hereby subordinates the lien of said deed of trust to the said Declaration. WELLS FARGO BANK By STATE OF CALIFORNIA ) ss . COUNTY OF ) On before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the President, and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. . Notary Public in and for said County and State I 860122 pf 0426MLL(0) { Rl"Clip\ TO: • CERTIFICATE OF INSURANCE • Approved as to Form: laity Of Huntington Beach TO Gail Hutton,City Attorney I"`. & Rcn. Office CITY OF HUNTINGTON BEACH, CALIFORNIA 11. 0. It,,x 190 By: I luntingrton Beach,CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give 3_0 days prior written notice, by mail,to City of Huntington Beach,P.0. Box 711. Huntington Beach,California 92648. ALL ITEMS: MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured MANSION HILL, A GENERAL_PA=RSHIP Address of Insured 520 Broadway, Suite 100 Santa Monica, CA 90401 Location of Work or Operations to be performed Various locations in California Description of Work or Operations Developer POLICY DATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective _Expiration In Thousands(000) (INS.). GENERAL LIABILITY �{] COMPREHENSIVE FORM CP806213 9-30-85 9-30-86 $ 00, CSL Safeco Insurance Co. IXI PREMISES—OPERATIONS Each Occurance 11 EXPLOSION AND COLLAPSE HAZARD DCI UNDERGROUND HAZARD DfI PRODUCTS COMPLETED OPERATIONS HAZARD C'I CONTRACTUAL INSURANCE (BLA=) (KI BROAD FORM PROPERTY DAMAGE lX] INDEPENDENT CONTRACTORS [XI PERSONAL INJURY EXCLU ION nCn DEL TM AUTOMOBILE LIABILITY iXI COMPREHENSIVE FORM BA806213 9-30-85 9-30-86 KI OWNED $ 500, aL Safeco Insurance Co. Each Occurance kI HIRED KI NON-OWNED EXCESS LIABILITY DKI UMBRELLA FORM Pending 10-1-85 9-30-86 s 2,000, western Brokers/ 11 OTHER THAN Issuance Universal Security UMBRELLA FORM Insurance Co. WORKERS'COMPENSATION WC 806213 9-30-85 9-30-86 Safeco Insurance Co. and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the .City of Huntington Beach, when acting as such are additional insureds hereunder,for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Date November 21, 1985 AUTHORIZED REPRESENTATIV F I SUMCE MP INSURANCE COMPANY Safeco Insurance Co. By Lyle L. Sandlin/ b ygaM Universal Sec_utity Tns1jr nr_P Co- Address P. O. Box 54679,—Tei6iinal Annex Address ° Sandlin & Assoc. Insurance Agency city Los Angeles, CA 90054-0679 City P. 0. Box 54679, TA Los Angeles, CA 9005 1 771-5566 Telephone (�3.1 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured " ,agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. *0) Sole Proprietorship (2) Partnership (3) Corporation (4) Other (state) HOLD HARMLESS SIGNED: By Insured: MANSION HILL, A GENERAL PARTNERSHIP (All names shall be printed or typed BY: UWC—HUNi'INGTON BEACH LTD., A CALIFORNIA LT24ITED PARTNERSHIP, below each signature.) GENERAL PARTNER BY: THE BUMWI FAMILY TRUST OF. 1982, GENERAL PARTNER If Corporation,TWO Officers must sign,or present evidence of authorization to bind Corporation. ° BY: NORI4IAN BURNAM, USTEE RETURN TO: - i. •CERTIFICATE OF INSURANCE • Approved as to Form: City O f H.B. TO Gail Hutton,City Attorney Ins . & Ben . Office CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Str-ec,t Yam' A MUNICIPAL CORPORATION H.E. , CA 92648 This is to certify that the policies of insurance as described below have been inued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees to give L dR, prior written notice, by mail,to City of Huntington Beach, P.O. Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. MANSION HILL, a General Partnership Name of Insured Address of Insured 520 Broadway, Suite 100 , Santa Monica , California 90401 Location of Work or Operations to be performed Tract 12249 , Huntington Beach , California Description of Work or Operations - LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(000) (INS.) GENERAL LIABILITY [ COMPREHENSIVE FORM l 1 PREMISES— OPERATIONS S CSL Each Occurance ( I EXPLOSION AND COLLAPSE HAZARD ( 1 UNDERGROUND HAZARD ( I PRODUCTS COMPLETED OPERATIONS HAZARD ( I CONTRACTUAL INSURANCE ( I BROAD FORM PROPERTY DAMAGE ( 1 INDEPENDENT CONTRACTORS ( I PERSONAL INJURY AUTOMOBILE LIABILITY ( I COMPREHENSIVE FORM , ( 1 OWNED $ CSL Each Occurance ( I HIRED ( I NON-OWNED EXCESS LIABILITY ( I UMBRELLA FORM $ ( ] OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach ind its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. Data 3 April 1986 AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Name Address Address City City-" Telephone HOLD HARMLESS AGREEMENT -Mansion Hill (to be executed by insured) The insured — agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims. demands, judgments and causes of action caused by incur d, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of II or a o erations or activity fpr wt�ch h�� �f,c e I nlshed. MANSION eral -Partnership"; l3y 1�9AN��bN � I �'lr�, �1�. , a General Partner HOLD HARMLESS SIGNED: By Insured: Title —President (All names shalt be printed or typed J , W J 0 H N S 0 N below each signature.) Title Secretary/Treasure r BY Incur : A , J . LARK If Cnrporation,TWO Ofiicen must sign,or pre"m evidence of authorization to hind Corporation. CERTIFICATE OF INSURANCE Approved astoForm: D. TO Gall Hutton,City Attorney �iTY' C RI< iV4'A-r` CITY 0 NTINGTON BEACH, CALIFORNIh 000. Main. SLrec:L By: I.B. r:.CA;:.;:' 912648 AMUNICIPAL CORPORATION 'his is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force it this time. If these policies are cancelled or changed in such a manner that will affect this certificate,the insurance company agrees o give 3(1� prior written notice, by mail,to City of Huntington Beech, P.O. Box 711. Huntington Beach,California 92648. AL1, TEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN iUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY,THE CITY ►TTORNEY. lame of Insured URBAN WEST COMMUNITIES (t1an5ion Hill ) ►ddress of lnsurad 520 Broadway, Suite 100, Santa Monica. California 90401 .ocation of Work or Operations to be performed —HUnti naton Beach s Cal i fnrni a lescription of Work or Operations —= Tract No. 12 49 -.. . . 8Ll VATE1 ��-- � LiIvlITS GF CiAoILiTY "" --`rY►iM@ OF COMPANY — .- POLICIES IN FORCE POLICY NO. Effective Expiration In Thatunds(000) (INS.) GENERAL LIABILITY 91301$6 I COMPREHENSIVE FORM t CSL I PREMISES—OPERATIONS Each Oeeurana EXPLOSION AND COLLAPSE HAZARD I UNDERGROUND HAZARD I PRODUCTS COMPLETED OPERATIONS HAZARD . CONTRACTUAL INSURANCE; I 1 BROAD FORM PROPERTY DAMAGE " I 1. INDEPENDENT CONTRACTORS ( I PERSONAL INJURY ;:'AUTOMOBILE LIABILITY 9/30/86 1 COMPREHENSIVE FORMJk i : OWNED $ CSL Each Occurance ( I _:HIRED NON-OWNED ' EXCESS LIABILITY ` UMBRELLA FORM 9/30/86 i (. I OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION 9130186 and EMPLOYERS'LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Bosch and its City Council, and/or all City Council appointed groups, committee. commissions, boards and any other City Council appointed body,and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured,and such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. •.Deli::s,z.,; March 1986 ..... AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Name Addrep Address City City ---- Telephone d.QIN �MleE5S^AGR 6 Eh9ENT ' (Io be executed by Insured) The insured ' .agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees against any Ilability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by Insured, his employees,agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. •(1)Sole Proprietorship 12) Partnership (3) Corporation (4) Other(state) Hot p'HA IMI" 18R Gil' ti, By Insured: URBAN WfgT COMMUN_T.TIEvile e(����.s n:l;aa;ptinled..nl�t>.d '�`� a ZfJie•l By Insured: Title BY STEPIEN UNTHER PRESIDENT df!C :porilld �W131Of�1&Alt'INuaT'i11i71jB1!gl►uant�qvid�nC�pjhorl�ollcri7o Kin"a�l'.o7oPatlom?rag, ' f:PCMAH'•FUND IN+URANC�PANY . BAO 712 9840 T/I[AM+RICAN 1NPUwANt[COMPANY i7V NAr10NAl•Uwe/r COR/ORAr1eN Premium: S 474.00 r1HEMANs FUND A++OCIAT+D IHOF..MNITY CORPORATION INSURANCE COMPANIES AMERICAN AUTOMOBILE IN/URANCE COMPANY SUBDIVISIOrl IMPROVEMENT BOND FAITHFUL PERFORMANCE - - - (CALIFORNIA) AT'PT?(iW"'i A' ,n 1:,nr,(- 1 GAIT, JI'Ll If, Whereas City of Huntington Beach + tY g 13v: D�;)uLj G..L-, i_ci:oi-uey _ -+ State of California, and Mansion Hill, A General Partnership (hereinafter designated as "principal ") have entered into an agreement w ere y pr ncipal agrees to install and complete certain designated public improvements, which said agreement, dated 19 and identified as project Tract 12249 - Pacific Ranch ���135� In Lieu of Park Fees , is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and The American Insurance Congaany , as surety, are held and firmly bound unto the city of Huntington Beach hereinafter called gee m e penal sum o Sixt Three Thousand One Hundred Sixty Nine dollars and 96 100------------------- dollars --63 169.96---- lawful money of the United Stat es , for the payment o which sum weTTand truly to be made, we bind ourselves , our heirs, successors, executors and administrators, jointly and severally, firmly by there 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 covenants, conditions 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 the Obligee, 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 the (lblinee in successfully enforcing such obligation, all to be taxed as costs and included in any Judgement rendered. The surety hereby stipulates and agrees that no change, 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 such change, extension of time, alteration or addition to the terms of the agreement of to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named. on January 31st , 19 86 Mansion Hill A General Partnership The American Insurance Ccnpany Principal Surety BY: UWC-Huntington Beach, Ltd. , A C B k- dle 1 , Limited Partnership, partner - jea Dungey-, Attorney-I n-Fact BY: Buraam Family Trijq of 1982 ' 1:; A 4 17542 E. Seventeenth Street BY: Norman Burnam, Trustee Tustin, CA 92630 ress ITot Iaa• _ J .is. 1� nX.nrrvwLhIJUMENT STATE OF CALI ORNLA Los eles Icounty of..............................9........................................................ ss. On this..................31.St...................................day of.............J.=. la. ............................in the year_..................19.18.6.............,....:. ......;;.i:;'befi,rg nie,a7lqtary Public in and for said IAS..p►T1CJe1GS...............................................................................................................County,State of California,residing Ihereili,duly commissioaed and sworn,personally ............... appeared..JE: I1 A...._DL11:aey-STL11.................••..•••..................•...•••••••..•..•.._.......•. 7 personalty known to me,❑grovRd to we on thelesis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of..T1e....AmXlcall....Insl].�'.ame.....Cailpany................................... and acknowledged to me that❑he&she subscribed the name of......Je371...A......Durigley.=SIt ith...................................................................................................thereto as surety, and ❑his K)her own name as attorney in fact. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seat, the day and year stated in this certificate- above. ................. _..... � Notary ublic My commission expires .......July.....22.1......1988............................................... 360042-1.03 I STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELI:S ) OnJ , before like, the undersigned, a Notary Public in and for said County and S ate, personally appeared NORMAN BURNAM, known to like (or proved to me on the basis of satisfactory evidence) to be Trustee of THE BURNAM FAMILY TRUST OF 1982, known to ine to be the General Partner of UWC-I IUNTINGTON BEACI I LTD., A California Limited Partnership, said partnership being known to like to be one of the General Partners of MANSION HILL, A California Partnership, the partnership that executed the within instrument and acknowledged to like that he executed the same as one of the partners of the partnership first above named, that said partnership first above nanted executed the same as one of the partners of said MANSION HILL, A General Partnership, and that said partnership last above nained executed the sakne. WITNESS illy hand and official seat /� � e'o�� w..wwsaococ�amnp�p OFFICIAL SEAL Sherry Shaft* �� a� SI-1ER1;Y SHAPER �!ib ;'uniW WARY E'U:;LI(: CALIrORNIA FA4.C:I1'AL OFFICE 1.14 K'S ANGEL::S CUUNIY f0y Conlmissicn Exp. June 8, 1988 :uwwaa«; it Huntington Beach Planning Commission � J P.O. BOX 190 CALIFORNIA 92648 August 3 , 1983 TENTATIVE TRACT 110. 11417 REVISED (CUP 83-21) APPLICANT: Mansion Properties , Inc . Urban West Communities 2110 Main Street Huntington Beach , CA 92648 REQUEST: To permit a one lot subdivision for condo- minium purposes. LOCATION: South side of Clay Avenue between Main and Huntington Streets . DATE OF APPROVAL: August 2 , 1983 FINDINGS F'OP, APPROVAL: 1 . The proposed subdivision of this 46 . 89 'acre parcel of land zoned R2-0-PD is proposed to be constructed having 1.2 . 9 units per gross acre. 2 . The general plan has set forth provisions for this type of land use , as well as setting forth objectives for the implementation of this type of housing . 3 . The property was previously studied for this intensity of land use at the time the land use designation for medium density resi- dential was placed on the property . 4 . The proposed project under Tentative Tract No . 11417 Revised is consistent with all elements . of the City ' s General Plan. 5 . The lot size, depth , frontage, street widths , and through the use of a special permit , all other design and implementation features of the proposed subdivision are proposed to be constructed in compliance with standard plans and- specifications on file with the City as well as in compliance with the State Subdivision Map Act and supplementary City subdivision ordinance . CONDITIONS OF* APPROVAL: 1 . The tentative tract received and dated June 30 , 1983 , shall be the approved tentative tract . T 11417 REVISED Aug. 3, 1983 Page 2 2. All conditions adopted by the Planning Commission for Tentative t Tract 11417 on April 5 , 1983 , shall remain in effect for the re- vised tentative tract approval . I hereby certify that Tentative Tract No. 11417 .Revised, was approved by the Planning Commission of the City of Huntington Beach , on Tuesday, ' August 3 , 1983 , upon the foregoing conditions and citations . Very truly yours , • ames W. Palin Secretary jlm i A Planning Commission April 5, 1983 Page 8 �. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density resi- dential was placed on the property. 4 . The proposed project under Tentative Tract 11417 , Revised , is consistent with all elements of the . City ' s General Plan. 5. The lot size , depth , frontage , street widths and , through the use of a special permit, all other design and implementation features of the proposed subdivision are proposed to be constructed in com- pliance with standard plans and specifications on file with the City, as well as in compliance with the State Subdivision Map Act • and supplementary City .subdivision ordinance . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO . 81-8 : 1. The site plan dated March 10 , 1983 and the floor plans , elevations and other pertinent data received and dated February 23 , 1983 , shall be the approved layout , floor plans and elevations . 2 . Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers . 3 . Natural gas shall be stubbed in at the locations of cooking facili- ties , water heaters , and central heating units . 4 . Low volume heads shall be used in all showers and spigots . - 5 . All building spoils , such as unused lumber , wire, pipe and other surplus or unusable materials shall be disposed of at an offsite facility equipped to handle them. I 6 . Energy efficient lighting, such as high pressure sodium vapor lamps , shall be used in parking lots and recreational areas, and shall be designed to prevent spillage onto adjacent areas . 7 . All approved drives shall be considered required fire lanes and shall be signed as such to the approval of the Huntington Beach Fire Department. 8 The CC&R's -and association rules shall: setforth provisions to ' rohbhe .story eyof recreationalvehsles u ondesi nedko en asking spaces within theprojec't 9 . All dwelling units shall be constructed in compliance with state acoustical standards set forth for all those units that lie within the 60 CNEL contours of the property. 10 . Construction techniques recommended in the geological report on file for the project shall be undertaken to the satisfaction of the Director of Development Services . 11 Prior tom he recordation_of a n p U heCC R's ors the greet" fanning Commission f 5, 19.83 e 9 . ' shall be: submitted toTthe Department of Development Services for `revew;_ to assure compliance with all applicable conditions�of : ." -- approval-; and. to the Attorney's 'office f-or review as to - legal form: 12 . All private drives used to provide ingress and egress for oil operations shall be required to -be constructed with a street section the same as those constructed for local streets . 13 . Off-island wells shall be converted to common open space under the ownership and maintenance of the homeowner ' s association at such time as oil operations cease. The abandonment and clearing of the . site .of oil operation equipment shall be the responsibility of the oil operator. The homeowner ' s association shall be responsible for the installation and maintenance of all landscaping to convert the areas to common open space. The developer shall be required , prior to the recordation of the final map, to provide cost estimates and establish an interest-bearing account in the name of the home- owner' s association sufficient in amount `to convert these areas to common open space . 1.4 . The internal antenna system throughout the entire project shall be designed to provide each homeowner with the option of commercial. cable system or. a non-commercial antenna system owned and operated by the homeowner ' s association. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 11417 REVISED : 1 . The tentative tract received and dated February 23 , 1983 , shall be the approved tentative tract. 2 . Sewer, water and fire hydrant systems shall be subject to City standard plans and specifications as adopted by the City Council. . 3 . If the Department of Public Works determines that water pressure for the proposed project is not adequate , the developer shall con- struct a City-maintained , master planned water pressure booster station or construct a private onsite booster station within the development. a. The master planned booster pump station will serve a Large area , and the developer will be eligible for reimbursement from other properties within the service area as they develop. The onsite water system will be public and will be maintained by the City. b. If the developer chooses to build a private booster station , a master meter will be required in the main line prior to the booster pump and the onsite water facility will be privately maintained . This system should be designed so that when the master planned booster station is constructed, the tract can easily connect to the system, thus eliminating the private booster station. 4 . All sewer mains shall be constructed to Public Works standards i co q.B. Planning Commission April 5 , 1983 Page 10 and all onsite sewer mains shall be privately owned and operated . 5 . The developer shall. construct the necessary master planned storm drain facilities to serve the tract . The developer is also re- quired to eliminate the cross-gutter in Huntington Street south of Cleveland Street. All onsite drainage facilities shall be private except for the major pipeline that, conveys the Main Street drainage.. An easement shall be dedicated to the City for this storm drain, per City standards . 6 . Unless the developer requests to incorporate the public parkway landscaping on Clay Avenue and Huntington Street into his onsite landscaping scheme and enter into a parkway landscape agreement, • landscaping within the public right-of-way shall be constructed per City standards . 7 . Clay Avenue and Huntington Street shall be reconstructed to the centerlines of the streets . Main Street shall be totally recon- structed on the east side unless the developer ' s street borings indicate other construction treatment should be considered . Street improvements fronting on both the Seacliff Office Complex and the shopping center shall- be completed in conjunction with Tentative Tract 11417 , Main Street improvements . The entire median .in Main Street from Clay Avenue to the existing median fronting the Sea- cliff Office Complex shall be constructed by the developer . The developer will be eligible for reimbursement from the property owner on the west side of Main Street upon development of this property. The width of the sidewalk on Clay Avenue and Huntington Street shall be maintained at a minimum of four feet around any obstructions (poles , fire hydrants , etc . ) . Sidewalks shall be constructed over the "not-a-part" parcel along Yorktown Avenue. 8 . The existing traffic signal conduit facility at Yorktown Avenue and Lake Street is presently installed for a "T" intersection. Therefore, the developer shall install the necessary modification to upgrade the conduit system to a four-way traffic signal inter- section. The developer shall also participate in. 25 percent of the cost of the future signalization of this intersection. 9 . Specially ordered street lights have been previously purchased by the City for the Main Street median. The developer shall purchase these street lights from the City and install them as required . 10 . Except where private entry drives intersect Yorktown Avenue, Clay Avenue, Main Street and Huntington Street , vehicular access rights to said streets shall be dedicated to the City of Huntington Beach . . AYES.: Higgins , Winchell , Livengood , Erskine , Schumacher , Mirjahangir NOES : None ABSENT: Porter ABSTAIN: None