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HomeMy WebLinkAboutTR 14651 - Subdivision Agreement Seacliff Partners - SE of S ITY OF HUNTINGTON BEACION MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER:PW 98-006 Q. TAA L o . Council/Agency Meeting Held:6.9k </a6,bd Deferred/Continued to: l"Approved ❑ Conditionally Ap roved Denied City Clerk' Signature L- Council Meeting Date: January 5, 1998 Department ID Number: PW 98-006 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, Acting City AdministratoroZ41� PREPARED BY: ' S M. JONES II, Director of Public Works LE SUBJECT: Approve the Release of Securities within Tract N 14 1 and Accept the Public Improvements— tea OQ F tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen s) Statement of Issue: Seacliff Partners, the developer of Tract No. 14651 located southwest of Palm Avenue and Seapoint Drive, have completed all required public improvements and are requesting a release pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: . 1. Accept the improvements constructed and dedicated for public use with Tract No. 14651 and, 2. Release the Faithful Performance, Labor and Material and Monument Bonds pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Guarantee-Repair and Maintenance of Improvements Bond No. 111 4153 6232 (M); the security furnished for guarantee and warranty of improvements, and t-- instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, The American -Insurance Company, of this action. 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. 0029452.01 -2- 12/20/97 1:04 PM a • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: C4 ,,,,a.,..a, q,� I g 9 2 TO: � Q� ATTENTION: Name L30`O' , i saw, IoI DEPARTMENT: Street OA !9'a-70( REGARDING: 0,4 —7 . er, A,,,,on 6.rd�riw•7�'o City,State,Zip -� See Attached Action Agenda Item Date of Approval I 1 3(`1'8 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other Remarks: Lj CC: Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy A) G:Fo11 o%vup/agrmts/trans I tr (Telephone:714.536.5227 Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190 -2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on December 19, 1997,the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code 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. 14651. Public improvements constructed consist of the domestic water system and appurtenances. CITY OF HUNTINGTON BEACH by: City Engineer %Ji7c� APPROVED AS TO FORM: City Attorney Z g _ 5 7 29428 RCA ROUTING SHEET INITIATING DEPARTMENT: Department of Public Works SUBJECT: Approve the Release of Securities for Tract No. 14651 and Accept the Public Improvements COUNCIL MEETING DATE: January 5, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ... ... ..... REVIEWED RETURNED FOR QEQ . .. ... . . ... ..... Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk , ( ) ..EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby NOTICE OF41OMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION- �o��y FOR RELEASE FOR RECORDING y� TO: CITY CLERK DATE: (� •(p • q$ FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ NO OTHER: Mid,a .22• A"C-S t, t4V> dJXfPjT for: Howard Zelefsky Planning Director s s� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK- CONNIE BROCKWAY CITY CLERK June 7, 1995 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, June 5, 1995, approved the Subdivision Agreement for Tract No. 14651. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway, CMC City Clerk CB:cc clerk=ltr 1 Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 7, 1995 First American Title Insurance & Trust Mr. Ron Gomez 114 E. 5th Street Santa Ana, CA 92701 Attention: Mr. Ron Gomez Regarding: Tract Map No. 14651 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. O. Box 190, Huntington Beach, CA 92648. Sincerely, 4� Connie Brockway, CIVIC City Clerk CB:cc Enclosure Received by: Q(—e' (Pa Dated: �hlccs- g:c6tractmap (Telephone:714536-5227) R16UEST FOR COUNCIL ACTIA ` MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER:PW 98-006 Alternative Action(s): Deny the recommended action. Analysis: On June 5, 1995, the City Council approved Final Map No. 14651 and accepted bonds, the securities furnished for faithful performance, labor"and material and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the water system and appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee-Repair and Maintenance of Improvements Bond No. 111 4153 6232 (M) as security. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: R3-17-0-CZ 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, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): NumberCity Clerk's Page • Description . ..... 1 Location Map 2 Guarantee-Repair and Maintenance of Improvements Bond No. 111 4153 6232 (M) - 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby 0029452.01 -3- 12/20/97 1:04 PM Q4 Firem&S Fund Bond No: 111 4153 6232 W _ Premium: Nil BONI) (GUARANTEE-REPAIR AND MAIN'CENANCE OF IMPROVEMENTS) KNOW ALL MEN BY THESE PRESENTS, That we, Seacliff Partners, A California General Partnersh' - (hereinafte'r called Principal), as Principe.l, and The American Insurance Com_pan a coF�_oFiEfi ii organized and'doi.ng businesE under and by virtue of the laws of the State of Nebraska , and duly licensed for the purpose of making guaranteeing or becoming sale suretyupon bon4s qr undertakings required or authorized by the laws of the State of California (hez einafter called Surety) as Surety, are held and f irmly bound unto fit o Huntington Beach _( ereina ter called Obligee) n�t a just and full sum Of Six Thousand, Eight Hundred d No/100 ------------------------- ---------------------------------------- Dollars ($ b,800.UT"-^-- __.. lawful money o �t e United States of Am'ei Ica for the payment of w'Erch•we11 and truly to be made we hereby bind ourselveq3 and our heirs and each of our. successors and assigns, jointly and severally firmly by these presents. THE CONDITIONS of THIS OBLIGATION ARE 6UCH THAT WHEREAS the above bounden Principal has agreed to guarantee the material- and workmanship relative to the installation of Subdivision improvements improve`manta in Tract 14651 , Huntimton Beaach, CCA. against all defec s and to promptly perfozm work and supply material as refired by obligee which are needed to repair or rciplace such defective work and material for a period of one year after the, date of acceptance of said improvements by Obligee. Should Principal fail to promptly repair ind replace materials or work required ' 9 to be done by hlm within the time 41lowei by Obligee, the Obligee may, at its option, Cause all required work to be done and the parties executing this bond shall be firmly bound 'for the payment of all necessary costs therefor. �( This bond is conditioned upon and gu4rantaes due compliance with all 'applicable Provisions of the Subdivision Map Agt of the State of California and the agreement referred to above. ? Now, therefore, if the above bounden Principal shall well and truly repair and/or replace defective material and wgr4manshlp, this obligation shall be void one year after the date of acceptance of the unprovements by the Obligee, otherwise this obligation shall remain in full force and effect. IN WITNESS WHEREOF, said Principal .and said Surety have caused these Presents to be duly signed and sealed this 27th day of August , Seacliff Partners A California General ncipa Partnership I By; -Insurance_American„ o •_-y �. Sur By: _ w--- 4. Tenzer v. Cunningham, At ney-In-Fact 1656f6 9.60 GENERAL , POWEk OF kTTU)RNEY fHE AMERICAN INSURANCE:COMPANY 1 ,KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint --- TENZER V. CUNNINGHAM --- its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizances or other written obligations in the nature thereof—————- ------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances. Section 45.Appointment. The Chairman of the Board o:Directors,the President,any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or auy Vice-imsident clay,from timt to time,appoint Ree(dent Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed In the instrument evidencing their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 1st day of September 19 9 4 o,M E�F�y THE I IN COMPANY By `'PAN[E C0� PfCSlde[It STATE OF CALIFORNIA ss. COUNTY OF MARIN On this 1 S t day of September 19-9 4 ,before me personally came M_ A. M a l l o n e P to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which exxuted the above instrument;drat he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Dhe crors of said Corporation and that he si;n*d hie name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. OFFICIAL NOTARY SEAL A.KRIEGIER =m � Notary Pubtio—Caikornla 7Fublfe AAARIN COUNTY MV Comm.F_xp. MICR 20.11IMS CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN 1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin.Dated the 27th day of August . 19 97 . ►YfAi `q Al$ a!? Resident Assistant Secretary "I...��J 360712-TA-6-90(REV) Recording requested by, and when recorded return to: Connie Brockway, City Clerk Recorded in the county of orange, California Office of the City Clerk Gary L. Granville, Clerk/Recorder I IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII CITY OF HUNTINGTON BEACH No Fee P.O. Box BeachoCa. 9264g0 Main eet 005 22035767 229980Q79241 2;07pm 02/11/98 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on December 19, 1997;the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Municipal Code 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. 14651. Public improvements constructed consist of the domestic water system and appurtenances. CITY OF HUNTINGTON BEACH by:-City Engineer APPROVED AS TO FORM: �1�Ad City Attorney o, 2- - 2 -3 29428 Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH i'nis aocuc�eat is solely for the official b,; 'noss of the City of ReAch, as contem— plated ;,ovt•rnment Code Deputy City Clerk •. , Sec. 6103 and should be recorded PI:/I�lNG sly free of charge. ATTACHMENT 1 SEP TRACT 14651 A 100 '9 ,c co ti M O n m A U 0 �^` N N C O NOT TO SCALE CL ATTACHMENT No. 1 0 [PlotStomp Eval] C:\ACAD\CROSBY\14649-53 LOCATION MAP J J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 ATTACHMENT 3 'or CsUk � Council/Agency Meeting Held: Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Clerk's Si tune Council Meeting Date: June 5, 1995 Department ID Number: . CD95-27 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat PREPARED BY: MELANIE S. FALLON, Director of Community DevelopmenY-�-/ �Y7Z�,,, SUBJECT: FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Att chment(s) Statement of Issue The final map of Tract 14651 (Phase V of Tract 14134-Surfcrest South), located southeast of Seapointe Street and Palm Avenue is being submitted to the City Council for approval. Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14651 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 14651 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission. P� REQUEST FOR COUNCIL.AUQON teeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 11141536232 b. Labor and Material Bond No. 11141536232 c. Monument Bond No. 11141536240 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of'Public Works prior to recordation of the final map. d. Subdivision Agreement Alternative Action(s The City Council may make the following motion: A. "Deny Final Tract Map No. 14651 and not accept the offer of dedication, improvements, and bonds." Analysis SUBDIVIDER: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 C D95-27 -2- 6/5/95 REQUEST FOR COUNCIL APON teeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS LOCATION: Southeast corner of Seapointe Street and Palm Avenue ACREAGE: 1.112 Acres NO. OF LOTS: 16 numbered lots (2 lettered lots) NO. OF UNITS: 16 units ZONE: R3-0-17-CZ (Medium-High Density Residential-Oil District-17 Units per Acre-Coastal Zone) GENERAL PLAN: High Density Residential DISCUSSION: On July 10, 1990, the Planning Commission approved Tentative Tract Map No. 14134 for construction of a 115 unit townhouse project. Final Tract Map No. 14651 represents Phase V (16 townhomes of the 115) of the Surfcrest project. The first, second, third, and fourth phases of the project, Tracts 14647, 14648, 14649, and 14650 have already been accepted by the City Council. All of the first four phases of the project have been recorded at the County and are currently under construction. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credit of 0.22 acres within the Bolsa Chica Linear Park. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status This action to accept Final Tract Map No. 14651 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On July 10, 1990, the Planning Commission approved Negative Declaration No. 89-52 for the project itself. CD95-27 -3- 6/5/95 REQUEST FOR COUNCIL AMON teeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Attachment(s): 1. Area Map 2. Tentative Tract Map No. 14134 3. Tentative Tract Map No. 14134 Findings and Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond 7. Labor and Material Bond MTU:MSF:JM:kjl Page Number C D95-27 -4- 6/5/95 ATTACHMENT 1 9` 1c Mot qk �c i cc-cz R Q 05,p-G .� s� R4-29-Z /03 R3-17-0-CZ R�M-O-GZ l r'3 X A qC SITE FT 14651 1 R� HUNTINGTON BEACH PLANNING DIVISION ATTACHMENT 2 TENTATIVE TRACT NO. 14134 - IN THE CITY OT IIUNTINGTON BEACH. COUNTY Of ORANGE. STATE Of CAUTORNIA / V o- • ;ii r.i...•. .i:��a nM','W.1•MI',•i.:.M'TM.v '�' . ♦ 2 TRACT 10069 I, �" l ``� •.�` `v'• -_--__.._ - -�r: �:-pVEt4VE �r ,fir' 4.•sa.r rJ r li � � •-w_ .. -~. _ C � ".�. ... rr'_•'..::': a}�:•.._.� -... �, .,l- .fir:', rr•.1 n.-..n••1n rei•� I�• -�y: ,► .°�u :J �• �?r L• ``� J"1' I ' .p •rs•sc.nr •••c•: �•'.•.•W e.r.•.e.ul I / [ ) ! SIIp � �.�_•\ .! •� ^_i`.-•• ,r�"'j'. 1.' ywrtnrriu;:ao.•.a.: 1 � 1 ���� .lr �� ) ° � d � __ J 1. •F [ � �. �:i�''�I i•i, •o ^-.r.,ram~ ( �.M „ •_ .::�' - ��s� .. `�' LI>' • nrn«♦e:.-•.•. •,�-••.�.,...,,r•.. c• ,..,, :f `L�- r } .✓ �. J.� S' ..n. �,~ L ••T._.: .t,�`•.'\�•'J```_�� al i J _ _._— r ( _.�'. ° •�.,� •1 rr;�t 1 / :,tA v r` / ma,.e•1 :cn•. ur.•1:.n....r<a..•..� lJ )f )T. /� __ j� ,�,_ (� ..1 j1� Yh`��• /J\ _ �.\ 1,, .L�:!• % r.nmc: .. r.. 00 / PNA tar 'G:_ 2 � ,r'�_, =•/r.'T� /- v•e' f'• !' � � pi .,,, Jf _..i f - �•." /1 'y.• ;./�� �sT( , � � r. 4' '• C /�• F •4 _I� arm• `++..�. �p! 1 1 1 , �� �✓ t T •-1a� • 1 -ry � � � � �u-#�gN� L: � �• � 1 a•_ rr 11� . I �• �, W (f :\ /`j'1` �%`/%� 1 �� nn us�mun�w+m I� Ilj l � t.• ' I�,JL `� _ '/_%��� ��If Ir 1.1r•rwerw n•u[,4 Mw '�-II .1•-M-.1n N '�, i��--i'Ir�i�� f� 'I, .. T V !.�,[ M.�O'rc'"i•.r...r.v+ ..pie:uac.� ���. .�i.• •. ..• •. 1 ' •.�_• ';�•,�:�4°'^ •��AIDEN A, 1ENTATIv[ ••v�i'r SECT/ON A-A YY!'/CAL LOT CONF/GURi1 T/ON W'='�,SSOC1ATi5 '•""" TRACT 90. IA134 ,I1' sue r-w tlf�....q�:••' w ..• . -- r.,,---*—a .�..•..... a .... _.,._._. ._..._... ..- __._.____ k• PACITIt COAST HOMES 4 NUWTINGTON BEACH. CA ` 1�'I •1 i ATTACHMENT 3 4 . he proposed 115 townhome development onforms with the public ac ss and public recreation polic ' s of Chapter 3 of the Cali nia Coastal Act . A MOTION WAS E BY MOUNTFORD SECOND BY KIRKLAND, TO APPROVE CONDITIONAL USE MIT NO. . -62 WITH SPECIAL PERMITS AND TENTATIVE TRACT NO. 14134 WIT IN GS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES : Shomaker Mountfor Williams , Kirkland, Bourguignon, Leipz ' NOES : Or ga ABSENT: ne ABSTAI None M ION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 89-62 : 1 . The location, site layout , and. design of the proposed 115 townhome development properly adapts the proposed structures to streets , driveways , and other adjacent structures and uses in a harmonious manner . 2 . The proposed 115 townhome development is compatible with surrounding properties in terms of density, architecture and orientation. 3 . The access to and parking for the proposed 115 townhome development does not create an undue traffic problem. 4 . The planned residential development for 115 townhomes conforms to the provisions contained in Article 915 except for the Special Permit requests . 5 . Conditional Use Permit No . 89-62 for 115 townhomes is E consistent with the goals and objectives of the City' s General Plan and Land Use Map designation . FINDINGS FOR APPROVAL - SPECIAL PERMITS : 1 . The following special permits promote a better living - environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area : a.. Relief from one-third of units less than three-story. b. Reduction of access width. C . Relief from 4 foot building offset . _ tid . Relief from 20 foot setback from drive aisle . PC Minutes - 7/10/90 -13- ( 6751d) 11 e. Reduction of rear to rear setback from 30 to 28 feet . f . Permit security fence in front setback area . 2 . The requested special q permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . 3 . The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . 4 . The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain and compatible with the surrounding environment . FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14134 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision for 115 townhomes are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . 2 . The property was previously studied for this intensity of land use at the time that the General Plan .designation of High Density Residential and R3 (17) -O-CZ ( 17 units per gross acre) zoning were implemented . 3 . The site is relatively flat and physically suitable for the proposed density of 11 . 6 units per gross acre. 4 . Tentative Tract No . 14134 for 115 townhomes is consistent with the goals and policies of the Huntington Beach Coast Element of the General Plan . CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 89-62 : 1 . The site plan, floor plans and elevations received and dated April 24 , 1990, shall be the conceptually approved layout with the following modifications : a . Provide standard. 9 foot x 9 foot size. for all open parking spaces . b. Provide automatic roll-up doors on all garages . c . Security fence along Palm Avenue and Seapoint Avenue shall be architecturally compatible and similar to existing security fence which surrounds the Seacliff project . PC Minutes - 7/10/.90 -14- (6751d) 2 . Prior to submittal for building permits , the applicant/owner 1 shall complete the following : a . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . b. Depict all utility apparatus , such as but not limited to backflow devices and. Edison transformers , on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director . C . 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 ; and low-volume heads shall be used on all spigots and water faucets . d . If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e . The 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. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL . Evidence of compliance shall consist of submittal of an acoustical analysis report , prepared under the supervision of a person experienced in the field of acoustical engineering , with the application for building permit (s) . All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project . All windows in the 2nd and 3rd floor rooms exposed to the oil wells" will be required to have an Exterior Wall Noise Rating (EWNR) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations . Any window that meets the EWNER 25 or the STC 27 may be used . f . Elevations shall depict colors and building materials proposed . PC Minutes - 7/10/90 -15- ( 6751d) g . All rooftop mechanical equipment shall be screened from any view. 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 must be submitted showing screening and must be approved . h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations . i . A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading , chemical , methane and fill properties , foundations , retaining walls , streets, and utilities . In addition, foundations and utility installations should be designed to withstand possible minor differential settlement , caused by subsidence, without damage . Approporate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project . j . An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist ' s report . Calculations for footings and structural members to . withstand. anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits . k. Prior to the issuance of a grading permit , a grading plan shall be submitted to the City' s Department of Public Works . A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary . Drainage from the site shall connect with the City' s storm drain system. No storm water drainage shall drain to the linear park site . The following measures shall be implemented : ( 1) The drainage system shall be designed and constructed to prevent increased runoff from entering wetlands . (2) Catch basins shall be designed to remove all large floating material through the use of . drainage screens . Catch Basins will also be designed with a shelf to prevent sediment from entering storm drains . PC Minutes - 7/10/90 -16- ( 6751d) ATTACHMENT 5 . - (;) Sedimentation/infiltration basins and improvement of the existing drainage channel will prevent further siltation of Bolsa Chica wetlands . 1 . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. M. The Project design be compatible with the architectural styles used in the adjoining Seacliff IV development and any major revision to the elevations shall be subject to Design Review Board approval . 3 . Prior to issuance of building permits , the applicant/owner shall complete the following : a . Submit copy .of the revised site plan, floor plans and elevations pursuant to Condition No . 1 for review and approval and inclusion in the entitlement file . b . A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . ( 1) The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials ( location, type, size, quantity) , an ! irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . (2) The landscape plans shall be in conformance with* Article 960 and 915 - Planned Residential Standards of the Huntington Beach Ordinance Code . The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 'ratio with minimum 36-inch box trees , which shall be incorporated into the project ' s landscape plan . (3) A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval . Native bluff plant materials shall be utilized in the landscaping of the site where feasible . C . A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading -permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . :ta d . Hydrology and hydraulic studies shall be submitted for Public Works approval . PC Minutes - 7/10/90 -17- (6751d) e. All applicable Public Works fees shall be paid . f . Final Tract Map shall be accepted by the City Council, = recorded with the Orange County Recorder and a copy filed with the Department of Community Development . g . An Affordable Housing Agreement to provide on-site affordable housing shall be submitted for review and approval by the Community Development Department and City Attorney and recorded with County Recorder ' s Office . The Agreement shall provide for minimum 20 percent of the housing units (23 units) on-site, or the equivalent number off-site within the City, for persons of low and moderate income households pursuant to Section 65590 of the Government Code . The Agreement shall be for assured affordability for the life of the project . h. Perimeter fencing plans for review and approval which depict decorative materials . i . The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles , bicyclists and pedestrians of construction. 3 4 . Fire Department Requirements are as follows : 'f a . Automatic sprinkler systems shall be installed throughout the project to comply with Huntington Beach Fire Department and Uniform Building Code Standards . Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards . Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following : (1) Water flow, valve tamper and trouble detection (2) 24 hour supervision (3 ) Smoke Detectors (4) Annunciation ( 5) Audible Alarms C . Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards . d . Fire hydrants shall be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the- Fire Department prior to installation . Number and placement to be determined by the Fire Department . PC Minutes - 7/10/90 -18- ( 6751d) e. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Standard No . 415 . f . Security gates will be designed to comply with Huntington Beach Fire Department Standard No . 403 . g . Address numbers will be installed to comply with Huntington Beach Fire Code Standards . The size of the numbers will be the following : ( 1) The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half ( 1-1/2) inches . (2) Individual units will be sized a minimum of' four (4) inches with a brush stroke of one-half ( 1/2) inch . h . Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department -Standards . i . Dimensions for Fire Access . Includes 24 ' or 27 ' fire lanes , turnarounds and 17 ' by 45 ' radius turns . Attached is Huntington Beach Fire Department Standard No . 401 . j . Street Names . Names of streets must be approved by the Huntington beach Fire Department prior to use . Attached is Fire Department Standard 409 . k. Submit to the Fire Department for approval a Fire Protection. Plan containing requirements of Fire Department Specification #425 . 1 . Provide a temporary fire station at the south end of Springdale or other location in the area as approvediby the Fire Chief , prior to commencing combustible construction. M. Provide temporary paved roads for Fire Department access from temporary fire station to construction site. n . Participate in a funding mechanism for permanent fire station to be located on the cross gap connector . Temporary fire station costs as approved by the Fire Chief to be credited to the developer toward the costs of the permanent fire station . o . Should any abandoned oil wells or tanks be encountered, the Fire Department shall be notified and current standards met as required by Article 15 of the Huntington Beach Ordinance Code . Any abandonment of existing wells must be to current standards as well . PC Minutes - 7/10/90 -19- ( 6751d) 0 p . All oil facilities within the boundaries of the development which are to be removed and abandoned, reabandoned or to remain must meet all existing requirements of the City of Huntington Beach and the State Division of Oil and Gas . Further protective measures may be required, depending upon the conditions and quality of the abandonments and reabandonments . 5 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 6 . 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. 7 . Installation of required landscaping and irrigation systems for the common areas adjacent to a building stall be completed prior to occupancy -of the building . 8 . There shall be no outside storage of vehicles , vehicle parts , equipment or trailers . 9.. During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C . Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; d . Discontinue construction during second stage smog alerts . e . Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building . 10 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction_ shall be prohibited Sundays and Federal holidays .. 11 . Should a Traffic Impact Fee be adopted 'by the City Council , the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval . PC Minutes - 7/10/90 -20- ( 6751d) ! i 12 . The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan . 13 . Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval . 14 . A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading . 15 . If no cultural material are observed, no further mitigation of cultural resources shall be required . A written report shall be submitted to the -City by the archaeologist . 16 . If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action . 17 . Should any cultural materials be encountered during the initial site survey or during grading and excavation activities , all activity shall cease and the archaeologist shall determine the appropriate course of action . 18 . Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097 . 98 and 5097 . 99 of .the Public Resources Code relative to Native American Remains . Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297 . CONDITIONS OF APPROVAL - TENTATIVE TRACT 14134 : 1 . The tentative tract map received and dated April 24 , 1990 , shall be the approved layout . e 2 . The applicant/property owner shall be responsible for dedicating land on-site . for the proposed Linear Park at the time the final map is accepted by City Council or issuance of building permits , whichever occurs ,first . 3 . Public Works requirements are as follows : a . Prior to approval of the tentative maps , the security gate configurations shall be approved by the Public Works Department . Stacking, gates , booths , telephone location, etc . shall all be shown in detail . b . Developer shall participate in the proposed traffic impact fee program. PC Minutes - 7/10/90 -21- ( 6751d) C . Developer shall construct full street improvements for Seapoint Avenue within the tract boundary, including the installation of signal conduits at the intersection of Palm =` and Seapoint . The improvement plans shall reflect only one median opening on Seapoint (the westernmost) for project access . d . Developer shall be responsible for the following off-site traffic and street improvements : ( 1) Construction of Seapoint Avenue between the tract boundary and Pacific Coast Highway. (2) Installation of traffic signal system at Seapoint and Pacific Coast Highway. (3) T_nstallation of traffic signal system at Seapoint . and Palm Avenue . (4) Public access from existing Seapoint Avenue to - Garfield Avenue or Edwards Street . e.. Developer shall prepare and submit improvement plans for the above (No . 3d) off-site street and traffic improvements for approval by the Public Works Department . City shall be responsible for acquisition of any required right-of-way not owned by the Huntington Beach Company and shall reimburse developer for non-project share of off-site improvement costs per the proposed traffic impact fee ordinance. Developer shall obtain street easement for off-site construction from Huntington Beach Company. f . Prior to issuance of building permits , all necessary governmental permits , other agency approvals and right of -�' way 'dedication shall be obtained . Construction of above (No . 3d) shall commence within 30 days of receiving City approved improved improvement plans and shall be completed prior to final inspection of the first dwelling unit . g . Hydrology/hydraulic studies shall be submitted . h . Grading plans and soils report shall be submitted . i . Drainage flows from adjacent properties shall not be obstructed . Flows shall be accommodated per Public Works Department requirements . j . On-site drainage shall not be directed to adjacent properties , but shall be handled by a Public Works Department approved method . PC Minutes - 7/10/90 -22- ( 6751d) k. A sewer study shall be submitted for Public Works Department approval . The developer shall design and construct the : on-site and off-site sewer system required to serve the development . 1 . Parkway landscaping within the public right-of-way of Palm and Seapoint shall be installed by the developer and maintained by the developer and/or a homeowners association(s) in accordance with a parkway license and maintenance agreement(s) for each tract . M. The median in Seapoint Street shall be constructed and landscaped by the developer . Developer shall maintain median landscaping until the street improvements are approved for final inspection. n. All walls shall be located on private property. o . Tract entrance medians shall not protrude into public right-of-way. p. A sewer main shall be stubbed out at Palm and Seapoint to serve the Bolsa Chica Linear Park. q . Developer .shall incorporate into landscape plans the use of "drought tolerant" plants and turf and native bluff plants j where feasible . Plan must be approved by Department of Public Works . r . Developer shall submit for approval by the Department of Public Works water improvements plans showing connections to all dwellings . S . Developer shall submit for approval the hydraulic calculations . to verify water system adequacy. t . Developer shall design plans and construct a reclaimed water system (Green Acres Project) for all common areas per City requirements . U . Developer will be responsible for payment of any applicable -fees adopted in the "upcoming" Water Division Financial Master Plan. V . Low-volume fixture heads shall be used in the design of the potable system for each dwelling . W. All fire hydrants , water mains , services , etc . must be installed pursuant to Fire Department and Public Works standards , ordinances , and policies . The water system shall be dedicated to the City of Huntington Beach . PC Minutes - 7/10/90 -23- (6751d) . x. Water systems shall be located in vehicular travelways and looped where possible . Developer must provide and dedicate to the City acceptable easements where necessary. :., 4 . All utilities shall be constructed underground in compliance with all public works standards . 5 . At least 60` days prior to recordation of the final tract map, CC&R ' s shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&R' s shall. reflect the common driveway access easements , and maintenance of all walls and common landscape areas by the Homeowners ' Association. CONDITIONAL USE PERMIT NO . 89-64 WITH SPECIAL PERMITS/ TENTATIVE . .. TRACT NO . 14135/CONDITIONAL EXCEPTION (VARIANCE) NO . 9-55/COASTAL DEVELOPMENT PERMIT NO. 89-40/NEGATIVE DECLARATION . 89-52 CONTINUED FROM JUNE 5 1990 PLANNING COMMISSION M ING APPLI Surfcrest Partners LOCATION : orthwest of the intersection of Palm Avenue and oint .Avenue . Conditional Use Permi o . 89-64 with Special Permits , Tentative Tract No . 14135 , Condit al Exception (Variance) No . 89-55 , Coastal Development Permit No . 8 0 and Negative Declaration No . 89-52 were continued from the June 5,." 90 Planning Commission meeting by a vote of 6 to 0 . This item was c.o nued in order to permit staff to review a list of requested mo ications to suggested conditions of approval included as an alterna- ve action in the June 5 , 1990 staff report . Staff originally (and still does) r mmend denial of this item due to a number of significant factors . ese factors include excessive height and bulk of the structures adja t to the Linear Park, minimal building setbacks from the Line Park, placement of structures within view corridors visible om Palm Avenue, lack of affordable units and lack of agreement for. nd dedication to the Linear Park. Meetings with the applicant s e the June 5 , 1990 , public hearing have failed to resolve these cerns . Although staff is still recommdending denial of�. e project , staff has reviewed the applicant ' s requested modificati s to the suggested alternative conditions of approval and the followin is a discussion: Discussion: 1 . Staff agrees to delete Condition 2 . k. (4) regardin the requirement for a silt and erosion plan because th e is another condition which will require the same revie PC Minutes - 7/10/90 -24- (6751d) ATTACHMENT 4 � i • AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby Civil Engineering Assistant DATE: June 7, 1995 TRACT NO.: 14651 TITLE CO.: First American Title Insurance Co. PHONE NO.: (714) 558-3211 TITLE OFFICER: Ronald J. Gomez I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. Bruce P. Crosby SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14651 TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement..................................:............................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 31Mrl 465104/07/95 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14651 THIS AGREEMENT is entered into this 7th' day of June.- , 1995, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SEACLIFF PARTNERS, a California general partnership hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14651; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Article 997 of CITY'S ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 WWI 4651/04/07/95 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Sixty Eight Thousand Dollars ($68,000) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of 2 3/Mr14651/04/07/95 the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. 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; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 of seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 3/k/tr14651104/07/95 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, .the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify'CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 4 3/k/tr14651/04/07/95 insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, a reasonable attorney's 5 3/k/tr14651/04/07/95 fee, to be fixed by the court, shall be paid by SUBDIVIDER. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEACLIFF PARTNERS, a California general CITY OF HUNTINGTON BEACH, partnership, Owner a municipal corporation of the State of California By: UWC-SEACLIFF,L.P., general partner, By: New UrbanWest, Inc., general Mayor pcdner By: ATTEST: print name and title City Clerk _ By: PACIFIC COAST HOMES,general partner, APPROVE AS TO FORM: )&4d City Attorney QV print name and title V-1 '`►S REVIEWED AND APPR V D: IN=OVED City Administrator Dirgctor of bli Works 6 3/k/tr14651/04/25/95 B 5` ace For Cat Clerk's (Ise OR Council/Agency Meeting Held: l Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Clerk's Si 471ture or Council Meeting Date: June 5, 1995 Department ID Number: CD95-27 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat t, PREPARED BY: MELANIE S. FALLON, Director of Community DevelopmenY-�-100 �YZL,,, SUBJECT: FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS tAm Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Att chment(s) Statement of Issue The final map of Tract 14651 (Phase V of Tract 14134-Surfcrest South), located southeast of Seapointe Street and Palm Avenue is being submitted to the City Council for approval. Fundinq Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14651 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 14651 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission. REQUEST FOR COUNCIL ACRON 9eeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a.' Faithful Performance Bond.No. 11141536232 b. Labor and Material Bond No. 11141536232 c. Monument Bond No. 11141536240 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; C. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. Subdivision Agreement Alternative Actions The City Council may make the following motion: A. "Deny Final Tract Map No. 14651 and not accept the offer of dedication, improvements, and bonds." Analysis SUBDIVIDER: Seacliff Partners 520 Broadway, Suite 100 .Santa Monica, CA 90401 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 CD95-27 -2- 6/5/95 REQUEST FOR COUNCIL ACPON 9eeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS LOCATION: Southeast corner of Seapointe Street and Palm Avenue ACREAGE: 1.112 Acres NO. OF LOTS: 16 numbered lots (2 lettered lots) NO. OF UNITS: 16 units ZONE: R3-0-17-CZ (Medium-High Density Residential-Oil District-17 Units per Acre-Coastal Zone) GENERAL PLAN: High Density Residential DISCUSSION: On July 10, 1990, the Planning Commission approved Tentative Tract Map No. 14134 for construction of a 115 unit townhouse project. Final Tract Map No. 14651 represents Phase V (16 townhomes of the 115) of the Surfcrest project. The first, second, third, and fourth phases of the project, Tracts 14647, 14648, 14649, and 14650 have already been accepted by the City Council. All of the first four phases of the project have been recorded at the County and are currently under construction. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credit of 0.22 acres within the Bolsa Chica Linear Park. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status This action to accept Final Tract Map No. 14651 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On July 10, 1990, the Planning Commission approved Negative Declaration No. 89-52 for the project itself. CD95-27 -3- 6/5/95 REQUEST FOR COUNCIL AC'RN Oeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Attachment(s): 1. Area Map 2. Tentative Tract Map No. 14134 3. Tentative Tract Map No. 14134 Findings and Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond 7. Labor and Material Bond MTU:MSF:JM:kjl Page Number CD95-27 -4- 6/5/95 B S ace For Ct Clerk's:Use O Council/Agency Meeting Held: Deferred/Continued to: proved ❑ Conditionally Approved ❑ Denied City Clerk's Sigofiture 01 Council Meeting Date: June 5, 1995 Department ID Number: CD95-27 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrat l PREPARED BY: MELANIE S. FALLON, Director of Community DevelopmenY--�A' �Y7L,, SUBJECT: FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Att chment(s) Statement of Issue The final map of Tract 14651 (Phase V of Tract 14134-Surfcrest South), located southeast of Seapointe Street and Palm Avenue is being submitted to the City Council for approval. Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 14651 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 14651 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission. REQUEST FOR COUNCIL AMON 14eeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 11141536232 b. Labor and Material Bond No. 11141536232 c. Monument Bond No. 11141536240 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with: A. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; C. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. Subdivision Agreement Alternative Action s The City Council may make the following motion: A. "Deny Final Tract Map No. 14651 and not accept the offer of dedication, improvements, and bonds." Analysis SUBDIVIDER: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92714 CD95-27 -2- 6/5/95 REQUEST FOR COUNCIL AC ON 9eeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS LOCATION: Southeast corner of Seapointe Street and Palm Avenue ACREAGE: 1.112 Acres NO. OF LOTS: 16 numbered lots (2 lettered lots) NO. OF UNITS: 16 units ZONE: R3-0-17-CZ (Medium-High Density Residential-Oil District-17 Units per Acre-Coastal Zone) GENERAL PLAN: High Density Residential DISCUSSION: On July 10, 1990, the Planning Commission approved Tentative Tract Map No. 14134 for construction of a 115 unit townhouse project. Final Tract Map No. 14651 represents Phase V (16 townhomes of the 115) of the Surfcrest project. The first, second, third, and fourth phases of the project, Tracts 14647, 14648, 14649, and 14650 have already been accepted by the City Council. All of the first four phases of the project have been recorded at the County and are currently under construction. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credit of 0.22 acres within the Bolsa Chica Linear Park. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status This action to accept Final Tract Map No. 14651 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On July 10, 1990, the Planning Commission approved Negative Declaration No. 89-52 for the project itself. CD95-27 -3- 6/5/95 REQUEST FOR COUNCIL AAN leeting Date: June 5, 1995 FINAL TRACT MAP NO. 14651, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS Attachment(s): 1. Area Map 2. Tentative Tract Map No. 14134 3. Tentative Tract Map No. 14134 Findings and Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. FaithfulPerformance Bond 7. Labor and Material Bond MTU:MSF:JM:kjl Page Number C D95-27 -4- 6/5/95 .';; \��1����. ',C �TtC�►T + V ?1'•l l.y�;lhy��( �� Q�i'!'' f!r�l�,si�Oy1!��`f (S6U[OATS IMM/DD/YYI. I '1 .. . .. +'' .....;; f, „ i( ,r l :�. +.i+,...+,•..ir r1, .��;i�••:'I � s:, :1;'.I41 �I ,I b ,!, ��� 01-05— 5 PROD(1cE9p : r l£Ei` TL` a SUP- T CONFERS NO RIGIITS UPON THE CERTIFICATE HOLDER.THI$CERTIFICATE SANDLIN $ ASSOC. INS. AGENCY, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE IMLMA17K ASSOC, INS. SIIRVICES POLICIES BELQW. P.O. BOX 769 ( COMPANIES AFFORF)ING COVERAGE UOWNGY, CA 90241-0769 . LETTEnNY A UNITT3D NATIONAL INSURMCE/W.K, COOPER AI 00, „ COMPANY INlUf1r0 LGITER . B rin ';I'm Y c GOLDEN MOLE INSU'RJWCB ... . . NEW UCtt�AN WEST, INC. SET En Y D GrimiNG AMERICA INSLMMCI/W.K, COOPER 520 BROADWAY, SUIT90400 Nol',i{ "Y E NAC 1THNSURANCEi CORP./DBMS 6 IMP,A B8,i,Ci:'i1"Iri �';. ',1,4i 'itlll'i' ;a,',:�.i i!}I'LL:' .',i' . a ' :l;ii"L1: .1•! .ri .li :ri:r,.a'' , _ :'C,!,p:a' f l+.a;.b';1+• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOSD@I)BY THE POLICM8 OESCRIDED HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCFD BY PAID CLAIMS,"' - CC TYPr'OF INSURANaB POLICY NUMBER POLICY ErrECTIVI:�OLICY EXPIRATION LIMITS TR� RAT!IMMrbom) DATE IkIMrOu/YY) AlORNZRAL LIAWLtlY OENFnAL AifonSOATE 1 1,0000 000. .XX"COMMEnCiAL OE cm LIABILITY PnOuu6TB•COMPIOP ADO, S1CLAIM 1,QOO QOO. 61111A> mikotCONT11 R-5Pun, SMP 53364 08t�/01/94 08/01/95. . ... .. .. . v.1. . e, 1,000,00000.. OWNlp'S a cDNTnncTOn'S PfiDT. PRIVATE PRON"U�f TI'a '1 tv��t Y imll DRACH OAMAQ6(Any one lire) S �A�OQ�Q�ly 0 S0,000. MED.EXPENSE(My one POreon) S AUTOMOBILE LIABILITY COMBINED$INOLN S '')ANY AUTO + LIMIT m 10000,000.. ALL OWN0 AUTOS BODILY INJIJAY - SCHEDULED AUTOS (pat FeNgn1 11 XX 10KRO AUTOS 08 O1 9A v► 08/01/95 170DiLY INJUIIY y�r • ED AUT09 � (Per eo01den1)' JNONpWN OARAae LIABILITY C IL EliT'TO?:, 0�t5 4ttori.�• 1 By:: Daputq. City Att rney PnOPEnTY DAMAGE t 1190E5I LIABILITY EACH OOCunnINCa uMBRELLAronM L 09/01/94 09/01/95 nooneonie' : OTHIR THAN UMBnELLA FOnM WORKER'S COMPENSATION STATUTOnY LIMIT$ !;,( ANb PWC 271733 09/30/94 09/30/95 fi11011 ACCIbgNT s. 1 0000,000� 4+eanaE-POLICY LIMIT i 1 Q00 000. EMvloranE'LIABILITY ' DIBEASK—EACH EMrLOYEE ! I OTHIR IBUILDBRS RISK y SPECIAL FORM 2106014 01/01/95 01/01/96 $13,0001000. LIMIT OF INS, NTMST__- $ 5,200, DEDUCTIBLE 0115CRIPTION OF OPCRATIONS►LOCATIONSIVEHICLtgl$PECIAL ITEM$ EVIDENCE OF INSURANCE LICENSE # 689662 0 0 1'5�5 0 RRIFICAT I HO :I1'ilr: �i, r;iLl•i;{.r, . .fI ` +'+,' . • `.,. CANCELLATION.i;t.,o.' L,I, ly;r,ii'r4ii,:1'(!:.J;4iI.;i'�i;;'�, �i lli ,.'i:i;'.11.'u13E :+lA;. ., CONTRACTORS STATE LICENSE $OARb SHOULD ANY OF THE ABOVE DESCRIStO POLICIES BE CANCELLED 66FORE THE EXrIhATION DATE TllenEOF, THE ISSUING COMPANY WILL MRFAMeIb= P. 0. BOX 26000 i° MAIL—3Q,DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SACRA,MENTO, CA 9582E i. LeFT. g1TT� �� 4�1(9��c+�c,4Qot1t4C�C�V+QpLiUKRl4t.RDt�tR OiRfX04)Aft�2f�Jtx99C AVTHOnIZED i19PR0$tNT0kTIY f rAconc doctodgk l'CtOrt toatl f J I have received Monument Bond, Faithful Performance Rnnrji Tabor Mat�iai' Bond for Final Tract Man Nn t 46,51 , a—po=lea of Teatat v- ftac , Map itm -`i4134, with Bonds and Agreements on behalf of the Treasurer's Office. Dated �v —r By: , Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 MONUMENT BOND Bond N 111 4153 6240 ' Premium$100.00 KNOW ALL MEN BY THESE PRESENTS: That SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP as subdivider of Tract No. 14651 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 certifi- cate: That said SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP (Subdivider) as principal, and THE AMERICAN 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 a 3,200.00 (THREE THOUSAND TWO HUNDREDSNO/OL 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. 2nd IN WITNESS WHEREOF, we have executed this instrument this day of MAY l9 95. r SEACLIFF PARTNERS as Principal BY: UWC—SEACLIFF,L.P.,GENERAL Byl NEW URBAN WEST,INC.,GENERAL PARTNER By:_-- BY: PACIFIC CO MES,GE E PARTNER THE AMERICAN INSURANCE COMPANY , SURETY Sys LYLE L. SANDLIN/ATTORNEY—IN—FACT APPROVED AS TO FORiy: h :GAIL HUTTON..,, City Attorney 33= Deputy City Attorney y— S/ / s f < ruWFXO . ' RNEY •E AMERICAN INSURANCE COMPO NOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY.a Corporation incorporated under the laws of the State of New Jersey on February 20.1946.and redomestiated to the State of Nebraska on June 1.1990.and having its principal of Tice in the City of Omaha.State of Nebraska.has made,constituted and appointed,and does by these presents make,constitute and appoint -----LYLE L. SANDLIN----- its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name,place and stead.to execute.seal.acknowledge and deliver any and all bonds.undertaking,recognianoes or other written obligations in the nature the: _____—_—_ _ and to bind the Corporation thereby as fully and to the same e:ttent as if such bonds were signed by the President.sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article V1I.Sections 43 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Ankle V11.Appointment and Authority of Resklest Seeretarfet.Atiorseys-ln-Fact and Ageats to aonrpr legal Proves and Mahe Appearances. Suction 4S.Appointment.The Chairman of the Board of Directors.the President.any V{eo-Presidest or any otber person authorized by the Board of Directors.the Cb&Lr=s of the Board of Directors.the President or any VlcvPresidcat may.from time to time.appoint Reddest Asdaml Secretaries and Attorseyw4wFect to represent and act for and on behalf of the Corporation and Agents to accept legal ptvcesa sod make appeanaces for and o■behalf of the C.orporsuoe. Sertba 46.Astbority.The authority of such Resident Assistant Seereurin.Attorneys-is-Fact sad Agents shall be as prescribed In the Imtramesl evidesdag tbeir appointment.Any sutra appointment and all sathority treated Mereby maybe revoked at any time by the Board of Directors or by nay person empowered to sake sacra apporatmesl:' This power of attorney is signed and sealed under and by the authority.of the-ftillowing Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly ailed and held on the 3lst day of July.1994.and said Resolution has not been amended or repealed: 'RESOLVED. that the signature of any Vice-President. Assm ant Socrtxwy. and Resident Assistant Secretary of this Corporation. and the seal of this Corporation may be a(ftxed or printed on any power of attorney,on any revocation of any power of attorney.or on any catifiate relating thereto,by facsimile. and any power of attorney any revocauon of any power of attorney,or certificate bearing such faearntle signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF.THE AIMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.and its corporate seal to beher-untoafftxcdthis 1ST dayof T„na , 19 on - THE AMERICAN INSURANCE COMPANY By Yo.,tieo•ar Q STATE OF CALIFORNIA in. COUNTY OF MARIN On this I S t: day of June I9-U—before me personally came R.D. Farnsworth to me known,who.being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described is and wnich executed the above instrument.that he knows the seal of sand Corporation:that the seal affixed to the sand instrument is such corporate seal:that it was so a(ftxed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal.the day and year herein first above written. �....YN.NNY.1NNNa1A.prQfMlA.f.fR/fftftRfl� - OFFICIAL SEAL 3 J. M. VANDEVORT a �. y NOTARY PUBLIC•CALIFORNIA = ta.nww,e PnnenW Office in Mann County Ur Coo meuaa frown Au% 22,1992 s CERTMCATE �t.rsNNNne.N.Nww.NN.NrNM.s.ww NsnsuN STATEOFCALiFORNIA - COUNTY OF MARIN 1.the undersigned.Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation.DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked:and furthermore that Article VII.Sections 43 and 46 of the Bydaws of the Corporation.and the Resolution of the Board of Directors:set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Mann.Dated the 2nd day of MAY 19 95 �., •tr:o,.: Rmdmi w.rr.ai S.oeury 36071 I-TA-a-901 RFVI STATE OF CALIFORNIA ) • COUNTY OF ORANGE ) ss On , 19 , before me Ia Notary Public, in and for said County and State, personally appeared and )mown to me to be the President and the Secretary of the corporation that ex- ecuted the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public fMy Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On , 19 , before me a Notary Public, in and for said County and State, personally appeared and , ]mown to me to be the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directos. Notary Public - My Comm-777 fission expires: rM '00 • �110N D NU. Ill 4153 6232 $612.00 l'ltlMIUM FAITHFUL PERFURMANCE BOND WIIEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS, A CALIDORNIA GENERAL PARTNERSHIP (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated M2y 3 19 and identified as project TRACT li 14651 is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agree- ment to furnish a bond for the faithful performance of said agreement. Now, therefore, we the principal and THE AMERICAN INSURANCE COMPANY as surety, are held and firmly bound unto the City of Huntington Beach hereinafter c ailed "City", in the penal sum of SIXTY EIGHT THOUSAND AND NO/00 ------_-___ $68,000.00 dollars ( ) lawful money of the United States, for the payment of which :rum well and truly to be made, we bind t ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and tr+tly keep and perform the covenants, conditions and provisions in the said agreement and any alteration . thereof.made as therein'provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall ba and remain in full force and effect. APPROVED AS TO FORPG: GAIL HUTTON,,, City Attorney •� Bya Deputy �City.Attorney jr POND NUMBER 111 4153 6232 PREMIUMINCLUDED LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHI$herelnafter designated-as-"Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which . said agreement, dated Ma 3 19 91:� , and identified as project TRACT # 14651 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 con- tractors, subconttdctors; laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Proceedure in the sum of THIRTY FOUR THOUSAND AND NO/00 dollars ( $34,000.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and 'fixed by the court, and to be .taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all rnrsnnc, companies and corporations entitled to file claims under Title 15 (conunencing with Section 3082) of Part 4 of Division 3 of APPROVED AS TO,FORM: GAIL HUTTON„ City Attorney By:i Deputy City Attorney Labor and Material Bond Page 2 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. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the speci- fications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNBSS WHEREOF, this instrument has been duly executed by the principal and surety above named, on MAY 2, 1995. SEACLIFF PARTNERS , as Principal IG EACLIFF,L.P.,GENERAL PARTNER By: BY: NEW AN WEST,INC.,GENERAL PARTNER By: BY: IF COAST HO NERAL PARTNER BY: as Surety By: /'LYLE L. SANDLIN/ATTORNEY-IN-FACT CEIN ERA AA77WWRRNIEif SE AMERICAN INSURANCE COMP KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 20.1 W.and redomesticrtcd to the State of Nebraska on June 1.1990.and having its principal office in the City of Omaha,State of Nebraska.has made,constituted and appointed,and does by these presents make,constitute and appoint ------LYLE L. SANDLIN----- its true and lawful Attoraey(s)-in-Fact.with full poser and authority hereby conferred in its name,place and stead.to execute.seal.acknowledge and deliver any and all bonds.undertaking.recogniances or other written obligations in the nature thereof � ---- ---------h— and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President.sealed with the corporate seal of the Corporation and duly attested by its Secretary.hereby ratifying and confuming all that the said Attorncy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII.Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effcct. 'Article VII.Appofstmest=W Authority of Rcd*st Secretaries.Atroraeys•1st-Fact ad Agents to screpie Leta/Phwm and Make Appearances. Section 43.Appointment.The Chairman of the Board of Directors.the President.easy Via-Preddenl or any other person authorized by the Board of Director.the Chairman of the Bond of Directors.the President or any Vice-Pre9dest may.from time to time.■ppoiat Resident Assistant Secretaries and Attorneys-Le—Fact to reyreeat and so for and on behalf of the Coryontlos sad Agents to accept lapi proms nod make appearances for and on behalf of the Corpontlos. Section 46.Authority:The authority of such Resident Assistant Secret-hies.Attoreeysan-Fact and Agents shall be as prescribed In the Instrument evidencing their appointment.Any loch appoaatmesl and W authority granted thereby maybe revoked at any time by the Board of Directors or by any person empowered to sake such appointment. This power of attorney is signed and sealed under and by the authority,of the•fcllowing Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 3Ist day of July.1994.and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation,and the seal of this Corporation maybe affued or printed on any power of attorney,on any revocation of any power of attorney,or on any ccrtif cote relating thereto,by faesimtle. and any power of attorney;any revocation of any power of attorney,or certificate bearing such facumLic signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS W HER.EOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President.and its corporate seal to be her-utito affixed this 1 c r day of 19 on _ THE AMERICAN INSURANCE COMPANY _ By STATE OF CALIFORNIA IL COUNTY OF MAR1N On this 1 S C day of June 19 before me personally came R.D. Farnsworth to me known,who.being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate 5e11.that it was so affixed xed by order of the Board of Directors of sand Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal.the day and year herein rust above written. mreuuwwuawwrsuarwererrr>awvMwrnwemmm O s OFFICIAL SEAL J. M. VANDEVORT i NOTARY PUBLIC-CALIFORNIA = Mau"ruwc PnncVm Office in Mum County My Cso -stwa Esp ss Aug.2L 1y92 CERTIFICATE iliirrsraerrresnuureawssesewsursaeeleasusausanu STATEOFCALIFORNIA ; COUNTY OF MARIN ?1.the undersigned.Resident Assistitat Secretary ofTHE AMERICAN INSURANCE COMPANY.a NEBRASKA Corporation.DO HEREBY CERTIFY that the foregoing and attached POWER OF ATM PNEY remains in full fora and has not been revoked;and furthermore that Article V11.Sections 45 and 46 of the By-laws of the Corporu cats,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. -'Signed and scaled at the County of Maria.Dated the 2nd day of MAY t9 9 S 36071 I-TAo-90 i R E:V I STV, OF CALIFORNIA ) • s5 COUNTY OF ORANGE On 19 , before me a Notary Public, in and for said County and State, personally appeared and known to me to be the President and the Secretary of the corporation that ex- ecuted the within instrument; pursuant to its by-laws or a resolution of its Board of Directors. Notary Public My Commission expires: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On , 19 , before me a Notary Public, in and for said County and State, personally appeared - and , known to me to be the President and the Secretary of the corporation that executed the within instrument; pursuant to its by-laws or a resolution of its Board of Directos. i i I Notary Public My Commission expires: ATE IMM/D0lYY) ��. SUR1�N ,5, ,)'}'I`') I_I,r►,I� c,+i�; ; �j ;�i' ,K S i IaaUs G '1......,..... -i•.• . . .....y_ :,,: 1rP �j ,i.� ;}. :I ., i,,l.l,i.,',.,i ;�. -.�;)t :,,1[I;I; i': ,:N.1.1'•4-Ili i b °!' 01-03-95 PRODUCCR . Rt Il�fiCATe19-11NU 1 tTER OF IN 15_ CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE SANDLIN $ ASSOC. INS. AGENCY, INC. DOES NOT AMEND;EXTEND On ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IIALLMAAK ASSOC. INS. SERVICES P.O. BOX 769 COMPANIES AFFORDING COVERAGE DO ayl CA 90241-0769 . COMPANY A UNITrll NATIONAL INSURANCII W.K, COOPER $ 00. ( LlTTEII COMPANY g 1NSUtTtO LRITHn COMPANY C GQJ,D1vN EAGLE INSl1Tt1WCI3 . rOMrANv '/ NEWUItIIAN WEST, INC. LETtFn D GBRLING N*RICA INSURANCE; W.K. COOPER 520 BROADWAY, SUITE 100 1eT;En Y E MAC 'REINSURANCE CORP./DPMS 6 i•WR a 90401 A HSj--lr w �k c {i� lI,c,•i; ;�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEnIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM On CONDITION OF ANY CONTRACT On OTHER DOCUMENT WITH RESPECT TO WHICH THIS CeATIFICATE MAY BE ISSUED On MAY PERTAIN,THE INSURANCE AFFOTID@D BY THE POLICIES DESCNISED 1 F.REIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE B!_EN REDUCED 6Y PAID CLAIMS, CC POLICY EFFECTIVE OLICY EXPIRATION TR TYPE OF INSunANCa POLICY NUMBER DATE(MMIDDIYY) BATE(MM/oDiYY) LIMITS OlNERAL LIACIL17Y GENERAL A001`1E0AT6 f 1,000,000. Ai. COMMEnCIAL GENEnAL LIABILITY mcoucTR•COMP/Or,A00. i 11000P000. ,000,000. CLAIMS MADE �oocun. SMP 53364 08/01/94 08/01/95 PEnsONAL a AbV.INJUnv 't 1,000+000. owNln'e a coNTnnc�on B PnDT. l PRIVATE PRIM: t><` 'a x�i ONLY r na DOAMA06(Any one Fire) , 1�000,000. 1 MED.EXPENSE(Any ene Por,on) S AUTOMOBILE LIA91LlTy COMBINED 81NOLA S 000 000, •ANY AUTO + LIMIT *? f ALL OWNED AUT09 BODILY INJUny 1 _ 50HEDULEO AUTOS (Pill person) U xx 111nE0 AUTOS e � �{ 08I 01I 94 08I 01I 95 BODILY INJUIIYxxi S NON-OWNED AUTOS R8 �" I`OF�P(s (Per eocident) OAPIAGNLIABILITY GA IL HUTTON, City Attorr.� BI Deputy. City Att rney PnprEnTY DAMAGE 111 aleEBa L1ne1LITY RADII OCOUnnSNcu s_,5,000,000. UMBTIELLArDAM L Q9/01/94 09/01/95 AOOITpGATE i..,5 OTHLn THAN UManlLLA vonM 000,000.. STATUTOnY LIMITS 1 wonxen'o COMPENSATION AHD PWC 271733 09/30/94 09/30/95 S/1OIIA 4lasnsk—POLIC—POL'1 Y LIMIT• s t 19000,000. EMPLoYfns,LIABILITY , Y 00Q coo. , DISEASE—EACH EMFLpYE6 fnnn OTHRA GUILDERS RISK y SPECIAL FORM 2106014 01/01/95 01/01/96 $139000,000. LIMIT OF INS. REPIAMItIT MST S 000. DEDUCTIBLB DESCRIPTION OF OPf:nATIONKOCAT ION SIVEHICLP8ISPECIAL ITEMS EVIDENCE OF INSURANCE LICENSE # .689662 V V 1 r1,} 0 CAT HO :III J�. ai •r.:1 ;I•i� .c.. . .11;"+'��' . . ',,. CANCELLATION.i:il.,T; h,I. �i;�'�i't�iin'Iil:.�;4{I,;{.'�i+'1; �•;'ai ,l'i:i:'.,�]:'•' '('t•i;Il:i_ CONTRACTORS STATi: LICENSE BOARD SHOULD ANY OF THE ASOVL DESCRIBED POLICIES Hfi CANCELLED 139FOnE THE EXPIhATION DATE TIII:nEOF, THE ISSUING COMPANY WILL )(R P. 0. BOX 26000 MAIL—3().DAYS WnITTEN NOTICE TO Tf•IE CERTIFICATE HOLDER NAMED TO T14E SACRAMENTO, CA 95826 LErT, T "_16 3PkYA't I� mnml�R�otlt4U(S�QR�1RR4tR4tBtlF OiRIfCC�II?f�G3es�1>[;}tBtl�C�e98C AVTHOnIZEb oic misENTATIY L t 1�C�1ib•?6•s (ylgo)_ _._�...._.__• •Y,�._. ..._..._...—�__...�.� � .....�_...... • , `, • rA,cotlo Cnrtt+tS'a�Yt�rt tool