HomeMy WebLinkAboutTract Map 14990 - Gill Elementary School Site - PRESLEY COMP FIN
City of Huntington Beach
P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L.FREIDENRICH
CITY TREASURER
September 16, 1999 CERTIFIED MAIL
The American Insurance Company
c/o AON-Risk Services
695 Town Center Dr., Ste. 500
Costa Mesa, CA 92626
To Whom It May Concern:
This is to inform you the City Council of the City of Huntington Beach, on June 7, 1999,
approved the release of the following bonds:
A;d.6 0
Tract# 14990
Faithful Performance and Labor& Material Bond No. 111 3321 6199
Monument Bond No. 111 3321 6115
.We are releasing the bonds and have enclosed them for.your file. Also enclosed, is a copy of the
City Council Action approving the release of the above-referenced bonds.
If you have any questions regarding this matter,please contact me at (714) 536-5200.
Sincerely,
Shari L. Frei enrich, CPA, CCMT
City Treasurer
Enclosures
cc: Presley Homes
c/o Rose Gonzalez
19 Corporate Plaza
Newport Beach, CA 92660
Bob Beardsley, Director of Public Works (no attachments)
Connie Brockway, City Clerk (no attachments)
G:'%Denine'•Shari'•.Letters'.Bond Lt30
Stale of California
County of Orange
On November 17, 1998 before me, K. R. Viodes, Notary. Public
DATE NAME, TITLE OF OFFICER -E.G., 'JANE DOE. NOTARY PUBLIC'
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
0 personally known to me - OR- ❑ to be the
person(s) whose nameN is/aNx subscribed to the within
instrument and acknowledged to me that te/she/thW
executed the same in ItWher/ffliNY, authorized capacity(Pl§vs),
.
and that byx�/her/t�x signature� on the instrument the
K.R.v o�Fs person04, or the entity upon behalf of which the person
` - Commissioner 1180ass _ z acted, executed the instrument.
-' Notary Public-Cclifomia >
Orange County
y Comm.ExpiresMay4,2002 WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑PARTNER(S) ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
'TC-WER OF
AiTOR.Nn' THE AIMER3CAN INS URANCE COMPANY
Y-Now AU MEN BY THESE PRESENTS: That TF'E A.MERICaN :NSun.-ttiCE COMPANY, a Corporation inrarponted under the laws of the State of
Net+Jersey on Fec man•20, 1846, and redonestieated to the Stage of Nebraska on June 1, 1990,and having its principal office in the County of Marin.State of
CalifZraia, has made,constituted and appointed,and does by these presents make,constitute and appoint
--- VICTORIA M. C MPBELL --
its cr'Je d14 Lftt�?CT r:tcy(s)=Ln-Fat.,with full power and authoriry hereby ccc:'=7cd in its name,plat and nerd,to ez=ute,seal,acknowledge and deliver an
ar..a 21!bonds,unde takiMi,rcogn-„ices or other en writt obligations in the t3:u:e Lbereof Y
and to bind the Corporation thereby as fully and to the same =ant as if such bonds were signed by the President, scaled with the corporate seal of the
Corporation amid duly attested by its S=ctary,hereby ratifying and=nru'mir-g all that the said Artos'rlry(s)-in-Fat:may do in the prtmises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in Cull force and
effect.
"Arddc VII.Appointment and Aathortty of Resident Se+cefarfes,Artorveys-lo-Facf and Agents to accept Legs!Process Lad MLke Apprsraaees.
Section 45. Appointment. The Cbalnaan of the Board of Directors, the President, any V'rce-President or any other person authorized by the Board of
Directors,the •ii-man of the Board of Directors,the President or any Vice-Presideat may, from Uwe to time, appoint Resident Assbut Semtaries and
Artorxys-lt;-Fan to represent and act for and on behalf of the Corporation and Agents to accept ie=al process and make appearances for and on behalf of ibe
Corporadon.
Section 46.Anthodly.The authority of such Resident Assisunt Secretaries,Attorneys-In-Fad and Agents shaA be as pre= bed in the instrument evidencing
their appointment.Any such appointment and all authority=ranted thereby may be rooked at any time by the Board of Directors or by any person empowered to
:Lake suds appointment:'
This power of anorney is signed and sealed under and by the authoriry of the following Resolution adopted by the Bowel of Direcors of THE AMERICAN
INSURANCE COMPANY at a meting duly called and held on the 31st day of July,1984,and said Resolution has not berm amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Searary 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 anorney,or ccrtificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
1N WT177NTS5 WHE-REOF,THE A.MERICAN INSURA.NCE COMPANY has caused these presenu to be signed by its Vic-President,and its corporate seal to
be her_- affixed this 10 t h day of Ap r i 1 19 98
q THE AMERJCAN INSURANCE COMPANY
r•��cr`a� By
vi�t+sesiaem
SLATE OF CALIFORNIA
COL?Nv Y OF blARIN as.
On this lot h day of April , 19 98 before me M.A. MaIlonee
to me known,who,being by me dui sworn,did d personally came
Y depose and say:that he is Vice-president of THE A.MERICAN INSURANCE COMPANY,the Corporation
described in and whir-h executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said inst*++ cat is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he sig±ted his name thee_ o by like order.
IN WITNESS WHEREOF,I have her asnto sex my hand and affixed my offlcal seal,the day and year herein rust above written.
r �!`� ' A. KRIEGER
Q COMM.Y1GL112
NOTARY PULL US7Y
iN RN1A /
� FjDuc
YAg COUh1' 0 '
t.tiCarr' Uw.2],1999 CERTIFICATE
STAT`-OF CALIFORN A
COUNTY OF MARIN Its.
I,the grade si;,.ed,Resident Assistant Sccrrtarj of I—HE A.MERICAN INSURANC=COMPANY,a NEBRASKA Cororation,DO I=REBY C='RTIFY teat
foregoing and attached POW EER OF Ai m'ORNEY romans in full fora and has not been revoked;and furthe more that Artic!e VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set for':in the Power of Attorney,.are now inform.
Sided and scaled at the County of Ma.-in.Date..-:the 17 th day o f November 19
;i
awn Amdawit Sc=TL,ry
360711-TA-3-95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On November 17 , 19 98 ,before me, Lilli Tippens ,
DATE NAME,TITLE OF OFFICER
personally appeared Eric A.Wittenberg
NAME OF SIGNER
personally known to me-or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledge to me that he executed the same in his authorized
capacity,and that by his signature on the instrument the person,or the entity upon behalf of
which the person acted,executed the instrument.
'a' IV$ LIW TIPPFJ`l$
+ Com:r.S' » ,!v;243 Z WITNESS my hand and official seal Commission# 11912
43
i Z Notary PubliC-Caltforrlia
Orcr)ge County
�\� T a- - -. ��y"tom.BPhnJul26,2=
LIT Signature oF146tary
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the THIS TITLE OR TYPE OF DOCUMENT:
data below, doing so may prove invaluable to persons CERTIFICATE
MUST BE
relying on the document.
ATTACHED TO
THE
INDIVIDUAL DOCUMENT NUMBER OF PAGES:
DESCRIBED AT DATE OF DOCUMENT:
CORPORATE RIGHT:
OFFICERS
Though the data SIGNERS)OTHER THAN NAMED
PARTNERS ( )LMTED ( )GENERAL requested here is not ABOVE:
required bylaw,it
could prevent
ATTORNEY-IN-FACT fraudulent
reattachment of this
TRUSTEE(S) forth
GUARDIAN/CONSERVATOR
OTHER:
ATTACHMENT 3
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk — --
Office of the City Clerk ;Recorded in the County of Orange, California
CITY OF HUNTINGTONBEACH Gary L. Granville, Clerk/Recorder
P.O.Box 190—2000 Main Street �������111111111111111111111111111111111111111111111111111 I11 No Fee
Huntington Beach,Ca.92648 19990418601 3;50pm 06/28/99
005 29011736 29 57
A04 1 6.00 0.00 0.00 0.00 0.00 0.00
i
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS l`
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22) 1 N
PLEASE TAKE NOTICE THAT on April 26, 1999, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use.
Further, the public improvements for the subdivision(s)have been dedicated to the City
- - -- ---- of Huntington Beach, as described on Final Map No. 14990.
Public improvements constructed consist of the domestic water system and appurtenances,
sanitary sewer system and appurtenances, storm drain system and appurtenances, curb, gutter,
sidewalk, paving and street furniture.
CITY OF HUNTINGTON BEACH
by: City Engineer
tw.Exempt-Government A99nCY ��lG
CITY OF HUNTINGTON BEACH'Brockway,C14Y APPROVED AS TO FORM:
.
Ci A� orney
34616
This docurneilt is solely for the
ofticiai business'of the City ,
of Hut sngton Beach, as contsm-
p.Fa a;a`.':wader Government Code
Sec. 6103 and should be recorded
free of charge.
A, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 23, 1999
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find "Acceptance of Public Improvements" for Tract 14990 to be
recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000
Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the acceptance when recorded and return to this
office in the enclosed self-addressed stamped envelope.
Connie Brockway, CMC
City Clerk
Enclosures
g:\followup\deeditr: Tract 14990— Presley Homes, se/corner of Cumberland Drive and
Victoria Lane,
(Telephone:714-536.5227)
AITY OF HUNTINGTON BEA4 %✓&csvra2
MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW99-031
Council/Agency Meeting Held: U
Def rred/Continued to:
®'Ap ro ed Conditional) Approve Denied / y lerk's Signature
Council Meeting Date: June 7, 1999 Department ID Number: PW99-031
CITY OF HUNTINGTON BEACH n75T
REQUEST FOR COUNCIL ACTION -�
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS Co x
SUBMITTED BY: RAY SILVER, City Administrator
PREPARED BY: 61%BERT F. BEARDSLEY, Director of Public Works 1�1-7 �
SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14990
AND ACCEPT THE PUBLIC IMPROVEMENTS.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Presley Homes, the developer of Tract No. 14990, located at the
southeast corner of Cumberland Drive and Victoria Lane, (Gill School Site), has completed
all required public improvements and is requesting a release of securities pursuant to the
provisions of the Subdivision Map Act.
Funding Source: Not applicable
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No.
14990 and,
2. Release the Faithful Performance/Labor and Material No. 111 3321 6199 and
Monument Bond No. 111 3321 6115 pursuant to California Government Code
Section No. 66499.7(b); and,
3. Accept Maintenance Bond No. 111 3321 6199-M; the security furnished for
guarantee and warranty of improvements, and instruct the City Clerk to file the bond
with the City Treasurer; and,
4. Instruct the City Clerk to notify the developer, Presley Homes of this action, and the
City Treasurer to notify the bonding company, The American Insurance Company, of
this action; and,
5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"
(attached) with the Orange County Recorder.
Alternative Action(s): Deny the recommended action.
Analysis: On December 18, 1995, the City Council approved Final Map No. 14990 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 Maintenance Bond No. 111 3321
6199-M as security.
Following is a list of project data:
Developer: Presley Homes, 19 Corporate Plaza, Newport Beach, CA. 92660
Engineer: Madole and Assoc., 1820 E. 16t" St., Santa Ana, CA. 92701
Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702
Zone: RL-FP2 (Low Density Residential-Floodplain)
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):
City Clerk's
Page Number No. Description
1. Location Map
2 Maintenance Bond No. 111 3321 6199-M
3 Acceptance of Public Improvements Form
RCA Author: Bruce Crosby
Tr 14990 bond release RCA -- 05/13/99 2:05 PM
CITY OF HUNTING"TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: e. as I i'� R 1�
TO: �res1�-�/ homes ATTENTION:
Name
/9 0r ✓&h-2," Pjaz Z g DEPARTMENT:
Strree
/VoriJDy4 ReachIf4 . REGARDING:
City,S�Zip 94(.to 0
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
R 4
gr _ �r
Al
Connie Brockway .� • ��
City Clerk
T/
Attachments: Action Agenda Page ✓ Agreement Bonds Insurance
RCA Deed Other
CC: &A rd 6l P� �J�✓�
Name De me t RC Agreement Insurance Otte*
N Deportment RCA Agreement Insurance Other
ofe)l
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name-Company Name- Date
G:Followup/coverltr
(Telephone:714.536-5227)
ATTACHMENT 1
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1
ATTACHMENT 2
I have received Maintenance Bond No. 111 3321 6199-M, the American Insurance
Company for Presley Homes.
Re: Tract No. 14990— se/corner of Cumberland Drive and Victoria lane (Gill School
site)
Item E-8 approved on June 7, 1999.
Dated:
B .
MAINTENANCE BOND
Bond No. 111 3321 6199-M
Premium included in
Performance bond
KNOW ALL MEN BY THESE PRESENTS:
That Presley Homes, a California corporation. as Principal, and The American Insurance Company,
incorporated under the laws of the State of Nebraska as Surety, are held and firmly bound unto City of
Huntington Beach, State of California, as Obligee, in the amount of Forty Seven Thousand and
No/100ths Dollars ($47,000), for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a written agreement with the Obligee on providing for the
construction of certain subdivision improvements in Tract 14990 in the City of Huntington Beach,
California; and
WHEREAS, said work has been or will be completed by the Principal.
NOW, THEREFORE, if said Principal shall promptly replace and repair any work proven to be
defective because of faulty workmanship and/or material within a period of one (1) year from date of
acceptance of the work by the Obligee, then this obligation to be void; Otherwise to remain in full force
and effect.
G : .__:`:5, C.LU., ,� _ n@I7
Signed, sealed and dated this 17th day of November, 1998.
The American Insurance Company
Presley Homes
a California rp o ry
By: 4 By: UUCAR
Eric A. Wi ten g, Vice President Victoria M. Campbell, Attorney-in-Fact
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 Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on April 26, 1999, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use.
Further, the public improvements for the subdivision(s) have been dedicated to the City
of Huntington Beach, as described on Final Map No. 14990.
Public improvements constructed consist of the domestic water system and appurtenances,
sanitary sewer system and appurtenances, storm drain system and appurtenances, curb, gutter,
sidewalk, paving and street furniture.
CITY OF HUNTINGTON BEACH
i
by: City Engineer
ax Exempt.Govemment AgencY A,f1'G
-1TY OF HUNTINGTON BEACH APPROVED AS TO FORM:
Cc a Brockway.Ci4y C
��
�Y �Y CityA�torney 3�D�y�
34616
This document Is solely for t1he
offi c =i 4Ousiness of the Glt'/
a2on Beach, as contern-
indar Govahnmeni t Code
sao. ell33 and should be recorded
free of charge.
RCA71OUTING 9HEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of Securities for Tract No. 14990 and
Accept the Public Improvements
COUNCIL MEETING DATE: June 7, 1999
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR�MISSING ATTACHMENTS.
RETURNED,r FO .,. RDEQnii
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
j, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
January 3, 1996
Mr. Jim Prasch
Commonwealth Land Title Co.
200 West Santa Ana Boulevard
Santa Ana, CA 92701
Attention: Mr. Prasch
Regarding: Tract Map No. 14990
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,
Connie Brockway, CIVIC
City Clerk
CB:cc
Enclosure
Received by:
Dated:
91ollowup4ractmap
(Telephone:714-536.5227)
NOTICE OAOMPLIANCE WITH &NDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: ?j ' quo
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO.
r
PARK AND RECREATION FEES PAID: iffi YES t�O.00 ❑ NO
OTHER:
for:
Howard Zelefsky
Planning Director
AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Christine Cleary
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineering Assistant
DATE: December 28, 1995
TRACT NO.: 14990
TITLE CO.: Commonwealth Land Title Co.
PHONE NO.: (714) 835-8511
TITLE OFFICER: Lee Mellen
I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have
been complied with.
Bruce P. Cro96Y-
8078
CITY OF H1.. NTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 20, 1995
Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
Gentlemen:
The City Council of Huntington Beach, at its regular meeting held Monday, December 18, 1995
approved the Subdivision Agreements for Final Tract Nos. 14990 and 14515.
We are enclosing herewith duly executed copies for your files.
Sincerely,
Connie Brockway, CMC
City Clerk
CB\cc
Enclosure
gAfollowup\Sdivagmt
(Telephone:714-536.5227)
...... .........
.....
w S ace For Ct G/erk's Ilse Oj
Council/Agency Meeting Held:
7Approved
ferred/Continued to:
❑ Conditionally Approved ❑ Denied City Clerk's Signatur
Council Meeting Date: December 18, 1995 Department ID Number: CD95-56
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU IL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Director of Community Development`s
SUBJECT: FINAL TRACT MAP NO. 14990 WITH BONDS AND AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Envir m ntal Status, Attachment
Statement of Issue
The final map of Tract 14990, located on the former Gill Elementary School site, at the southeast
corner of Cumberland Drive and Victoria Lane is being submitted for City Council approval.
Funding Source
Not Applicable.
Recommended Action
Motion to:
"Approve Final Tract Map No. 14990 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. 14990 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14990
conditions of approval as approved by the Planning Commission.
REQUEST FOR COUNCIL ARON Meet Date: December 18, 1995
FINAL TRACT MAP NO. 14990 WITH BONDS AND AGREEMENTS CD95-56
Reguirements:
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. 111 3321 6199
b. Labor and Material Bond No. 111 3321 6199
c. Monument Bond No. 111 3321 6215
3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary
processing by the County of Orange for recordation until the following conditions have been
complied with:
a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be
provided;
b. An approved Certificate of.Insurance shall be submitted;
C. Drainage for the subdivision shall be approved by the Department of Public Works prior
to recordation of the final map;
d. An approved Subdivision Agreement shall be submitted;
e. Payment of Park and Recreation In-Lieu Fees.
Alternative Action(s
The City Council may make the following motion:
A. "Deny Final Tract Map No. 14990 and not accept the offer of dedication, improvements, and
bonds."
CD95-55 -2- 12/18/95
REQUEST FOR COUNCIL AON Meet Date: December 18, 1995
FINAL TRACT MAP NO. 14990 WITH BONDS AND AGREEMENTS CD95-56
Analysis
SUBDIVIDER: Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
ENGINEER: Madole and Associates, Inc.
1820 E. 16th Street
Santa Ana, CA 92701
TITLE COMPANY: Commonwealth Land Title Insurance Co.
200 W. Santa Ana Blvd.
Santa Ana, CA 92701
LOCATION: Gill Elementary School site
(Southeast corner of Cumberland Drive and Victoria Lane)
ACREAGE: 8.94 Acres
NO. OF LOTS: 58 lots
NO. OF UNITS: 58 units
ZONE: RL (Low Density Residential)
GENERAL PLAN: Low Density Residential
DISCUSSION:
On June 13, 1995, the Planning Commission conditionally approved Tentative Tract Map No.
14990 for the subdivision of the closed Gill Elementary School site for purposes of development of
58 single family residential units. The Planning Commission also approved Negative Declaration
No. 94-14 and Conditional Use Permit No. 94-26 in conjunction with the tentative map. These
entitlements did not become effective until zoning on the property became effective. Zone Change
No. 94-4 was approved by the City Council on July 17, 1995 to rezone the property from a Public-
Semipublic zoning designation to Low Density Residential.
The subdivider will be required to satisfy the Park and Recreation requirement through payment of
an in-lieu fee in the amount of$180,960.00 prior to release of the map for recordation.
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.
CD95-55 -3- 12/18/95
REQUEST FOR COUNCIL AVION Meet Date: December 18, 1995
FINAL TRACT MAP NO. 14990 WITH BONDS AND AGREEMENTS CD95-56
Environmental Status
This action to accept Final Tract Map No. 14990 is exempt from the requirements of the California
Environmental Quality Act, Section 15628(b). On June 13, 1995, the Planning Commission
approved Negative Declaration No. 94-14 for the project itself.
MTU:MSF:WC:kjl
Attachment(s):
Page Number
1 Area Map
2 Tentative Tract Map No. 14990
3 Tentative Tract Map No. 14990 Findings and Conditions of
Approval
CD95-55 -4- 12/18/95
ATTACHMENT 1
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ATTACHMENT 3
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
June 16., 1995
Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
SUBJECT: ZONE CHANGE NO. 94-4/TENTATIVE TRACT MAP NO. 14990/
CONDITIONAL USE PERMIT NO. 94-26/N`EGATIVE
DECLARATION NO. 94-14:
APPLICANT: Presley Companies, 19 Corporate Plaza, Newport Beach, CA 92660
PROPERTY
OWNER: Westminster School District, 14121 Cederwood Avenue, Westminster, CA
92683
REQUEST: Zone Change: To rezone the existing 8.82 net acre Gill School site from PS
(Public-Semipublic) to RL (Low Density Residential).
Tentative Tract Map and Conditional Use Permit: To allow a 58 lot
subdivision for a planned unit development consisting of 58 detached single
family residential units with reduced lot sizes.
LOCATION: 9800 Cumberland Drive (closed Gill School site)
(southeast corner of Cumberland Drive and Victoria Lane)-
DATE OF
ACTION: June 13, 1995
FINDINGS FOR APPROVAL- ZONE CHANGE NO. 94-4:
1. The proposed zone change of the 8.82 acre school site from Public Semipublic to Residential
Low Density conforms with the Low Density Residential.Land Use designation of the Land
Use Element, and the policies contained in the Housing Elements by providing a variety of
housing types.
(pcc1029-9)
2. The proposed zone �e from Public Semipublic to Residei 0—ow Density is consistent
with surrounding land uses. The proposed 58 lot subdivision is consistent with the density
under the Residential Low Density zoning classification.
FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 14990:
1. The size, depth, frontage, street width, and other design features of the proposed subdivision
for a 58 unit planned unit development 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. The proposed single family residential
subdivision is designed to integrate with the existing neighborhood with public streets and
sidewalks.
2. The property was previously studied for this intensity of land use at the time that the General
Plan designation of Low Density Residential (7 units per gross acre), and Residential Low
Density zoning were implemented. The density of the proposed subdivision is 6.5 units per
net acre.
3. The site is relatively flat and physically suitable for the proposed density of six and one-half
(6.5) units per acre. With the approval of a planned unit development for reduced lot sizes,
the proposed 58 lot subdivision for 58 single family detached residences does not consist of
any relief from development standards.
4. Tentative Tract Map No. 14990 for a 58 single family detached subdivision is consistent with
the goals and policies of the Huntington Beach General Plan. The proposed tract map for a
planned unit development provides for a better living environment through proper land
planning techniques.
FR4DINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-26:
1. The establishment of a Planned Unit Development consisting of 58 single family residential
units will not be detrimental to the general welfare of persons working or residing in the
vicinity nor detrimental to the value of property and improvements in the neighborhood. The
proposed grading, site layout, and design of the 58 unit planned unit development properly
adapts the proposed structures to streets, driveways, and other adjacent structures and uses in
a harmonious manner.
2. The planned unit development for 58 single family detached residences conforms with the
provisions contained in the Huntington Beach Zoning and Subdivision Ordinance.
3. The proposed PUD will not adversely affect the General Plan. The proposed subdivision is
consistent with the Low Density Residential Land Use designation of the General Plan and is
compatible with the surrounding developments.
1
(pcc1029-10)
O. 9a-26:
CONDITIONS OF AT
�VAL-CONDITIONAL USE PER N
1. The site plan, floor plans, and elevations received and dated April 24, 1995 shall be the
conceptually approved layout with the following modification:
a. Block walls shall be depicted along the side and rear property lines of each lot as
permitted by the Huntington Beach Zoning and Subdivision Ordinance,
2. Prior to submittal for building permits, the following shall be completed:
a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes.
Street names shall comply with City Specification No. 409 and be submitted to the Fire
Department for review and approval.
b. Provide a minimum three (3) foot sideyard from fireplace enclosure wall. (BLDG)
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. (BLDG)
d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by
the Building Department and indicated on the floor plans. (BLDG)
e. 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.
f. The site plan shall include (or reference page) all conditions of approval imposed on-the
project printed verbatim. Model numbers, lot numbers and street names shall be depicted
on the site plan.
g. All mature trees shall be identified as to type, size and location on a tree plan submitted to
the Department of Community Development and Public Works. The development of the
subdivision shall retain all existing mature trees to the greatest extent possible, with a
concentration of trees along the perimeter of the project. However, should existing trees
require removal as part of the development, they shall be replaced within the subdivision at
a 2:1 ratio. If a 2:1 replacement of trees on-site is not feasible, the applicant may provide
the balance of trees to adjoining properties through the establishment of a tree voucher
program. The program will be run by the applicant, subject to the supervision and
approval of the Department of Community Development. The program shall be reviewed
by the City's Landscape and Planning Divisions prior to removal of any tree or issuance of
a grading permit, whichever occurs first.*
h. Prior to.demolition, the abandoned school buildings containing asbestos shall be identified,
and removed in compliance with City, State and Federal standards. An asbestos
abatement program shall be submitted to and approved by the City Engineer and Building
Official.
(pcc1029-l 1)
i. The applicant sh _ Ismit a plan depicting the proposed p •nprovements at Greer Park
pursuant to the May 23, 1995 estimated cost of improvements prepared by Frank
Radmacher Associates. The plan shall be reviewed and approved by the Department of
Community Services, and Department of Public Works Park Maintenance Division.
3. Prior to issuance of grading permits, the applicant/owner shall complete the following:
a. 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).(BLDG)
b. Wall plans shall be submitted and approved by the Department of Community
Development. Double walls shall be prohibited; prior to the construction of any new
walls, a plan must be submitted identifying the removal of any existing walls next to the
new wall, and shall include necessary homeowner's approval.
c. 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 and fill properties, foundations, retaining
walls, streets, and utilities. (PW)
d. 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. (PW)
e. A Landscape Construction Set must be submitted to the Departments of Community
Development and Public Works and must be approved.. The Landscape Construction Set
shall include a landscape plan prepared and signed by a State.Licensed Landscape
Architect and which includes all proposed/existing plan materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the
entitlement conditions of approval. The landscape plans shall be in conformance with
".Section 232 of the Huntington Beach Zoning and Subdivision Ordinance. 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. "Drought tolerant"
plants and turf shall be used for all landscaping. (PW, PLNG)
f. The developer shall"obtain a National Pollutant Discharge Elimination System (NPDES)
Permit for construction activities from the Regional Water Quality Control Board.
Evidence that a permit has been obtained shall be submitted to the City Engineer. (PW)
g. Final design elevations of grading shall not vary from elevations shown on the tentative
map by more than one (1).foot. (PW)
h. The developer shall design (including all required field survey, potholeing and utility
research) and prepare bid ready plans and specifications for a new storm drain system
located in Halifax Dr. from Edwards Street to Victoria Lane to serve the proposed site.
The City will work with the developer on the specific details of the proposed storm drain.
The City will construct the storm drain as part of a cash contract when funds become
available. (PW)
(pcc1029-12)
4. Prior to issuance of 1 A k permits, the applicant/owner shalt Olete the following:
a. The applicant shall submit a site plan depicting the Model homes/sales office, and parking
lot locations to the Department of Community Development for review and approval.
b. Final Tract Map No. 14990 shall be accepted by the City Council, recorded with the
Orange County Recorder and a reproducible copy filed with the Department of Public
Works. (PW)
c. An interim parking and/or building materials storage plan shall be submitted to the
Department of Community Development to assure adequate parking is available for
employees, customers, contractors, etc., during the project's construction phase.
d. Six (6) fire hydrants shall be required and installed prior to combustible construction.
Shop drawings shall be submitted to the Public Works Department and approved by the
Fire Department prior to installation. (FD)
e. All fire hydrants and all-weather asphalt roadways must be in place. (FD)
f. Installation or removal of underground flammable or combustible liquid storage tanks shall
comply with Orange County Environmental Health and Huntington Beach Fire
Department requirements. (FD)
g. The placement and storage of the diesel tank(s) or any flammable substance shall be
reviewed and approved by the Huntington Beach Fire Department prior to construction.
h. Zone Change No. 94-4 shall be approved by the City Council and in effect.
5. During construction, the following shall be adhered to:
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. Use low sulfur fuel (.05%) by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage
smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final building permit inspection approval for any single family residential unit, the
following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Community Development Department.
b. All improvements (including landscaping and block walls) to the property shall be
completed in accordance with the approved plans and conditions of approval specified
herein.
(pcc1029-13)
c. All park improve . to Greer Park shall be completed o. ad posted to assure
completion within one (1) year from the first final inspection. Final approval shall be
obtained by the Department of Community Services.
d. Compliance with all conditions of approval specified herein shall be accomplished.
e. A reproducible mylar copy of the recorded final map, along with a digital graphics file of
the recorded map, shall be submitted to the Department of Public Works. (PW)
f. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off-site facility equipped to handle them.
g. Final Tract Map No. 14990 shall be accepted by the City Council. It shall be recorded
with the County Recorders Office and a copy submitted to the Planning Division prior to
final inspection of first unit.
CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 14990:
1. The tentative tract map received and dated April 24, 1995 shall be the approved layout.
2. The following conditions are required to be completed prior to recordation of the final map
unless otherwise stated. Bonding may be substituted for construction in accordance with
provisions of the Subdivision Map Act:
a. The developer shall submit a separate utility plan, showing water system improvements
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City Ordinances, Public N—Vorks
Standards and Water Division design criteria. These plans.shall be approved prior to any
constnuction, by the Public Works Water Division and the City of Huntington Beach Fire
Department. (PW)
b.. Each proposed building shall have a separate domestic water service per Water Division
Standard Plans. (PW)
I
c. The water system shall be designed per the City of Huntington Beach Water Division's
design criteria, and shall be installed per City of Huntington Beach Water Division's
Standard Plans and Specifications. The proposed water system shall be looped and
hydraulic calculations shall be submitted supporting the proposed water system design.
Any existing on-site water facilities shall be abandoned per Water Division Specifications.
(PW)
d. Fire hydrant locations shall be approved by the Fire Department. All fire hydrant laterals
shall be located within vehicular travelways. (PW)
e. The proposed water system shall be looped from Victoria Lane to Cumberland Drive. The
minimum water main size shall be eight (8) inch. The developer shall submit hydraulic
calculations supporting proposed water system design. (PW)
(pcc1029-14)
f. The following sl. 4dedicated to the City of Huntington W:
1. The water system and appurtenances.
2. The sewer system and appurtenances.
3 The storm drain system and appurtenances.
4. The 2.00 foot public utility easement. (PW)
g. Damaged and deteriorated public improvements on Cumberland Drive and Victoria Lane
adjacent to the tract boundary shall be reconstructed per Public Works requirements.
(PW)
h. The engineer or surveyor preparing the final map shall tie the boundary of the map into the
Horizontal Control System established by the County Surveyor in a manner described in
Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. (PW)
i. The engineer or surveyor preparing the final map shall submit to the County Surveyor a
digital-graphics file of said map in a manner described'in Sections 7-9-330 and 7-9-3.37 of
the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle
18. (PW)
j. Street lights shall be installed per Public Works Specifications. (PW)
k. The existing driveways on Cumberland Drive and Victoria Lane shall be removed and
replaced with curb, gutter and sidewalk per Public Works standards. (PW)
1. Hydrology and hydraulic studies.shall be submitted for Public Works review and approval.
The developer shall design and construct the storm drain system to serve the site. (PW)
m. A sewer study shall be submitted for Public Works approval. The developer shall design
and construct the sewer system required to serve the development. (PW)
n. The developer shall vacate the existing easement at the southeast corner of Tract 14990.
All improvements shall be removed and replaced at the new property lines at the expense
of the developer.
o. An Affordable Housing Agreement Plan shall be submitted for review and approval by the
Community Development Department. The plan shall provide for minimum 10 percent of
the housing units (equal mix of 6 units) approved to be affordable to families of low and
moderate income level (average 100% of Orange County median). Said plan shall be
executed prior to issuance of the first building permit for the tract. The affordable units
shall be under construction, or available to the public, prior to final building permit
approval (occupancy) of the first home. The plan shall include, but is not limited to:
Build affordable units at an alternative location which is under control of the applicant.
All units shall be constructed prior to or concurrent with the primary project and final
approval of the project shall be contingent upon completion and final approval, or
evidence of the applicant's reasonable progress towards attainment or completion, of
the affordable units.
(pcc1029-15)
2. Rehabilitate log units and ensure long term afford.
3. Preserve existing affordable units for the long term (30 years).
4. Other options which generate new opportunities for low and moderate affordable
housing units for thirty (30) years.
5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a
resolution for in-lieu fees is adopted prior to recordation of the final tract map.
p. The developer shall provide the City of Huntington Beach first right of refusal to purchase
lot 23 for a potential water well site.
DgFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The development shall comply with all applicable provisions of the Ordinance Code, Building
Division, and Fire Department, except as noted herin, and shall meet all applicable local, State
and Federal Fire Codes, Ordinances, and standards.
2. All applicable Public Works fees shall be paid. (PW)
3. Traffic Impact Fees shall be paid at the time of final building inspection of the first unit. (PW)
4. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in
effect at the time the final map is accepted by City Council or issuance of building permits,
whichever occurs first.
5. An encroachment permit shall be required for all work within public rights-of-way. (PW)
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall
be prohibited on Sundays and Federal holidays.
7. Tentative Tract Map No. 14990 and Conditional Use Permit No. 94-26 shall become null and
void unless exercised within two,(2)years of the date of final approval. An extension of time
may be granted by the Planning Director pursuant to a written request submitted to the
Planning Division a minimum 30 days prior to the expiration date.
8. The applicant shall submit a check in the amount of$38 for the posting of the Notice of
Determination at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted within two (2) days of the Planning Commission's action.
9. Tentative Tract Map No. 14990 and Conditional Use Permit No. 94-26 shall not become
effective until Zone Change No. 94-4 has been approved by the City Council and in effect.
*Mitigation Measures
(pcc1029-16)
I hereby certify that Neg. declaration No. 94-14, Zone Changc-- 94-4, Tentative Tract
Map no. 14990 and Conditional Use Permit No. 94-26 were approved by the Planning
Commission of the City of Huntington Beach on June 13, 1995. upon the foregoing findings and
conditions. This approval represents conceptual approval only; detailed plans must be submitted
for review and the aforementioned conditions completed prior to final approval.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Scott Hess, AICP
Senior Planner
(pcc1029-17)
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE PRESLEY COMPANIES FOR TRACT NO. 14990
r
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
Wr14990/11/15/95
0
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE PRESLEY COMPANIES FOR TRACT NO. 14990
THIS AGREEMENT is entered into this^ 2oth day of :December , 1995, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and THE PRESLEY COMPANIES, a California
corporation hereinafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to
subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to
public use, and is about to file with CITY a map of the tract of land known as Tract No. 14990;
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 Govemment 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
3/k/tr14990/11/15/95
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 Four
Hundred Seventy Thousand Dollars ($470,000) as prescribed by HBOC Section 9970, which
security is given to CITY to insure faithful performance of this Agreement and of all of the
2
3/kAr14990/11/15/95
conditions of 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 Califomia Labor Code § 1861, SUBDIVIDER acknowledges
awareness of § 3700 et 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
31100 4990/11/15/95
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/tr1 4990/1 1/1 5/95
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 either party to enforce the terms and provisions
of this agreement or in any bond given to secure the performance hereof, each party shall
bear its own attorney fees and costs.
Rest of page not used
5
3lk H 4990111l15l95
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
THE PRE(,\SL Y C ES CITY OF HUNTINGTON BEACH,
a municipal corporation
By: of the State of California
. is `it,ten ,rge
, Vice President
By mi
l—ayorScott S. MinaAsst. Secretarywf�-E►rp�_
REVIEWED AND AP VgE : ATTEST:
City Administrator City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED
Director of Public Works
6
t arson u15W
CALIFORNIA ALL-PURPOSAKNOWLEDGMENT • No.5907
State of � .r�iyiA
County of C(101___�
On before me,
ATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC"
personally appeared A/ i ,
NAME(efF SIGNER(S)
❑ ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 4fare
subscribed to the within instrument and ac-
knowledged to me that 0/,cXe/they executed
the same in Vs/pier/their authorized
capacity(ies), and that by lyr/their
MAUREMIEHMAN signature(s) on the instrument the person(s),
Coh A#1043221 or the entity upon behalf of which the
Not pub8o—CaUforinla
ORANGECOUNY person(s) acted, executed the instrument.
LW Comm. es OCT 26.1998
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
-- ------------------------ - - -----
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184
_-1 D�6 1_ ^4 FRi if 1 RHH C i'_T I -IE=1H TF F.LI?
:'r ,. 1 , 9
ISILY AND
CONFERS NO RfG1Ti UPON THE C>:RT1FiCATE FIOLDER CERTIFICATE
Rollins Hud l S Hall DOES NOT AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
of Southern California Inc. POUC3ES BELOW.
595 Torn Center Drive, $to 500 COMPANIES AFFORDING COVERAGE
Costa Mesa, CA 52626
714-541-5355 IETPAW A A-nz. Co. Of The Stale Of PA
The P r e s o l y Companies COWAANY C "j' � CM "(' iCA"�'�ISSUEp
12 Corporate Plazaq:pgmy
FR
Newport Death � D a �7
CA Sasso lE +►� E
1I. A! .�� .:".L• Vim. ...w. .:%I::'.'ki:".'k �%.. i.[.. .\ w:E• � ::A...:N•:i M�.�: dfp'7 'Z✓ I:yy
� � h .�:.•x>`A.s•;.''for.' ;;...: .. ....s:,. .s•...' �>.. ..
f.�^'..s :��' ���o'�...�..:>�:�ri.s'fik%.'w�u'
THIS IS TD CERTIFY THAT THE POLICES OF NSMANCE LISTEO BELOW HAVE BEEN ISSUED TO:THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
NDICATCo.NOT WIT HST ANCNG ANY REQUIREMENT.TERM 0RCOND(TON0F ANY CONTRACT QROTIE14 DOCLPAENT WITH RESPECT TO WHICHt TRS
CERTIFICATE MAY 6E ISSuEO OR MAY PERTAIN.THE NSURANCE AFFORDED BY THE POLCCS DESCA16ED HEREIN IS SLILECT TO ALL THE TEWS.
EXCLUSIONS ANO CONDITIONS OF SUCH POLI=S•LMTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAkiS.
T1TL a louR M PM111TWO01001 POLIOV S<RaT1M! FOLIOY ECPMA Lam
`
IMR(I4/CO/YY) 04Ta(bA=1YY)
ezT�aaAt�wanr sErAwu A6SRE8ATE a
A cOA.E+ICIAL9EIGRAL LIA61UTY 47954171 11/01/95 11/01/96 PRODUCTS-Cb.1P/OpAm. 1
CLAUS wm a OCCUR. PTRSR1i l a AM. INJLW
OoNER S i CONIRACTON'S PROT. A'DD'C. II\IR1JRr•'n EACN OLCUMNCE
re c�•-• r A. ACHM , FIRE D"8E fAwy one fird =
W . EXPENSE LAW Me PWIM
airtoloCCll� rtY C04140 31WE �
8 AWAUTO MXA80155286 11/01/95 11/01/99 E"T
All 000 AUTOS 000I1Y IKAW
Sa1E tU AU103 Tper Tmti
*F49 AUTOS BODILY IN AAY =
110fs}-0m*0 AUTOS Ipn amik-W
""of 11ARnITY PiIOpEItTY DAI.MBE 1
- ++
sxoastsLueartr ORA Z#PUty C1•tJ AZ EACH OCCURRENCE t
LPAMLLA FVW :" A88RE9ATE _
pTIR T►%N UMBRELLA TIM
lfti 'a OOiPQtaATTOM �- ': STATUTOfif LM►MTS i
Ae0 EACH ACDOENR
OLSEASE-POIICT IIIAT 1
aLltierolrLlAaa.m
OI SE-EACH �
0'T"m
O�O.P'i1GM OF o/�NYIOHia.00AT'IOfiha�l�lli�/e,0{AL TrtMs .
City of Huntington Booth and Its officer , agents and owployess, and all pm5lie
agencies at detorrlined by the City are mined as Additional Inavred for all
�.'u>:s.h;fN ..i:sik..ric•.:T•(`:"�::zs:�:•:.i'g:�E<y:y,+.;:ii'��i3:u+'si:�I'. ! ,x.,,�:�5.o- }.. .. ...,.,� £g.f��.Z'�°'�..s.. �:E.K•fY i?;:
'•J/.'>w•\•.iJ ri: >.,.�.. :J:r•::r'•.;:;.?::b;SN:M�.^.�>:f�,;;...>�f.�s'�!.;Y:ALa::Y:��SS:L:<.>:>:..if.s•./,:<.0::�.Y.^;..R�.fw. .. ..A. ^�e•)M�>�SJ l4\�•,•�^.,n.y:�<.K,L,;t.:i:�.E S 'fi�...aw��a s�lt�rl�s:..
:>
SIipULO ANY OF THE ABOVE DESCA18Ep POLICES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE I8SIA►•1G COMPANY WILL
r MAL 30 DAYSWRTTTENNOTCETOTHECERTIFICATEHOLDERNANEOTOTHE
City S of Huntington Beach LEFT.
Attn: Dennis Coulter ^
2000 Main St. atirraro� �T�
Huntington Beach, CA 92648 719000000
•:w:. •;'E^.�".,;:Z;tr^,`.:;r>'n;:t:r.�c.:FaR sr. .a; .:fY� :sgre:: R`]•.:s".•.s.< .:^ i:w <iu.:rL�.".'•."�i•.">fz:M�:>�s�,.:e.•..
66.•
FROM RHH [:i i__T=i ME Ay TO 741597 P.03
i i • --
v'
POLICY NUMBER: 47954171 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Huntington Beach and its officers,
agents and employees, and all public
agencies as determined by the City
2000 Main St.
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement will be
shown in the Declaration as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of"your
work" for that insured by or for you.
CG 20 10
RCA ROUTING SHEET
INITIATING DEPARTMENT: Community Development
SUBJECT: Final Tract Map No. 14990
COUNCIL MEETING DATE: December 18, 1995.
.
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 Attome Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Attached
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
........ ...........
REVIEWED RETURNED FOR ED...
Administrative Staff LAY
Assistant City Administrator Initial 41'?d7'-
City Administrator Initial
City Clerk
EXPLANATIONFORETURN OFITEM
..
SpaceOnly)
f
Monument
I have received the Faithful Performance Bond and the 6-&ber amd NateFia!
bond for Final Tract Map No. 14990
on behalf of the Treasurer's Office.
Dated 1 a a O
B y:
Presley Companies
19 Corporate Plaza „
Newport Beach, CA 92660
BOND A11 3321 6215
PREMIUM
MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT THE PRESLEY COMPANIES
as Subdivider of Tract No. 14990 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 engineers or surveyor's
certificate stating that all final monuments will be set in the positions indicated on or before the date
specified in said certificate:
Thatsaid THE PRESLEY COMPANIES
(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 FIVE THOUSAND FIVE HUNDRED
$5,500.00*** in which sum we are held and firmly bound to the City of Huntington Beach,all In
accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the
Government Code of the Stye of California.
IN WITNESS WHEREOF,we have executed this inshiiment this 21 s t day of
November 19 95
THE PRESLEY COXR<ESas Principal
By.
By
THE AMERICAN INSURANCE COMPANY r
By: 1
By: VICTORIA M. CAMPBELL
ATTORNEY—IN—FACT
V- J
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE.PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WT iIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON T HE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NMAE PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
BEFORE ME,
A NOTARY PUBLIC IN ANO FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACT EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY&HANDSIGNATUR - MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY P OR 1D TATE IN COUNTY
Rz /
(NAME PRINTED lyl I %.'UNUMUSSION IRES
laMAUREEN LEHMAN
COMM.11043221
Notary Pubic—Caflfomta
ORANGE COUNTY
w
Comm. es OCT 26.1998
State of California
' COunty,of Orange •
On November 21, 1995 before me, K. R. Viodes, Notary.Public
` DATE NAME. TITLE OF OFFICER•E.G.."JANE DOE, NOTARY PUBLIC
personally appeared Victoria M. Campbell ***********
NAMES) OF SIGNER(S)
0 personally known to me - M- ❑ poo�eakrtxeasi �Itiasi�y� leASE to be the
person(s) whose name*) is/anx subscribed to the within
instrument and acknowledged to me that Abe/she/thW
executed the same in er/I authorized capacity(PR),
- - and that bytxcs/her/timeim signature A on the instrument the
K. R. VIODES personpo, or the entity upon behalf of which the f person*)
ffr. COMM.. 1019554 acted, executed the instrument.
Z -:. .t
NOTARY PUBLIC-CALIFORNIA K
I �:` ;'•P
91 � ORANGE COUNTY N
MY COMMISSION EXPIRES MAY 4, 1998 WITH SS my hand and official seal.
SIGNATURE OF NOTARY
I OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
{
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL _
❑CORPORATE OFFICER
i TITLE OR TYPE OF DOCUMENT
Tt7LE(S)
❑PARTNER(S) ❑LIMITED
❑GENERAL
DATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSONS) OR ENTITYPES)
ATTORNEYR THE AMERICAN INSURANCE COMPA�Y
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 I, 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
---VICTORIA M. CAMPBELL---
IRVIN§ ('
its true and I'aw{&,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.reeogniunces 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 Attorneys)-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,Adorneys4u-Fact and Agents to accept Legal Process and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors.the President, any Vice-President or any other person authorised by the Board of
Directors.the Chairman of the Board of Directors.the President or any Vice-President may,from time to tame.appoint Resident A•sion t 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.
Season 46.Authority.The authority of such Resident Assistant Secretaries.Attorneys-in-Fact and Agents shad 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,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 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 1 S t day of June 19 90
THE AMERICAN INSURANCE COMPANY
1 ,I -
.:� By
vio_p,maent
STATE OF CALIFORNIA ss.
COUNTY OF MARIN
On this 1 err day of T>>nP 19 an 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 Untrument•that 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 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 yeu herein first above written.
�NNYNMINNNMNNNrNNttNeMrtReMlrfrrrr"M W
= OFFICIAL SEAL
J. M. VANDEVORT 3 9.
NOTARY PUBLIC•CALIFORNIA r+aarr rueuc
Principal Office in Mann County
My Cunntlssi m Expires A q. 22.1492 : CERTIFICATE
Zivaarussetnwe�etnaasnuwseeuNNmrsnrne�
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
I,the undersigned,Resident Assistant Scmvtary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full fora 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 fora.
Signed and sealed at the County of Marin.Dated the 21 S t day of November . 19 95
a so �ft
J��•+c[.•�f Reedent Aua"dt Secetwy
360711-TA-6-90(REV) �-
4 l _
• OND NO.111 3321 6199
PREMIUM $4,230.00-_
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
THE PRESLEY COMPANIES
(hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said agreement,dated
t9 .and identified as prcjectTract 14990 .Is hereby referred to and made a part hereof,and
Improvements
WHEREAS,said principal is required under tie terms of said agreement to furnish a bond
for the faithful performance of said agreement
Now,therefor,we,theprinco and THE AMERICAN• INSURANCE COMPANY
as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal
sum of FOUR HUNDRED SEVENTY THOUSAND-------- dollars($470,000.00**
lawful money of the United States,for the paymerdof which sum wall and truly to be made,we bind
ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these
presents.
The condition of this obligation is such that;f the above bounded principal,his or its heirs,
executors,administrators,successors or assigns,shall in all things stand to and abide by,aid well and
truly keep and perform the covenant,condition and provisions in the said agreement and any alteration
thereof made as.therein provided,on his or their part,to be kept and performed at the tune and in the
manner therein specfied,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 sWated,then this obligation
shall become null and void;atlierwise it shall be and remain in full force and effect
As a part of the obligatlon secured hereby and in addition to the face amount specified
therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys
fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in
any judgment rendered.
t
c
The surety hereby stipulates and agrees that no charge,extension of time,alteration or
addition to the terms of the agreement or to the work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligabons on this bond,and k does hereby waive
notice of any change,extension of tme,alteration or addition to the terms of the agreement or to the work
or to the specifications.
In witness whereof,this instrument has been duty executed by the principal and surety
above named,on the 21 st day of November. ,Sg 95 _
THE PRESL Y 0 ES as Nncipaj
01
By
B
THE AMERICAN INSURANCE COMPANY
.as Surety
Bye)
By VICTORIA M. CAMPBELL
ATTORNEY—IN—FACT
2
`OALIFORNIA ALL-PURPOSOCKNOWLEDGMENT No.5907
State of (i � j17
County of 4&0_1�c
On _ /1/�/9-rbefore me,
DATE NAME,TITLE OF OFFICER•E.G. 'ANE DOE,NOTARY P 8 IC
personally appeared
NAM(Y )OF SIGNER(S)
ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) mare
subscribed to the within iI strument and ac-
knowledged to me that /Oe/they executed
the same in h i/Xer/their authorized
MAUREENLEHMAN capacity(ies), and that by hjs'/fir/their
comm.lilA43n1 signature(s) on the instrument the person(s),
ttyyANG _
cmfornla
N�opRECOUNN. or the entity upon behalf of which the
comrn 2wvl person(s) acted, executed the instrument.
WITNESS my nd and official seal.
SIGNATURE F NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRIMED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT-THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
S"GNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NXAE PRINTED) MY COMMISSION.EXPIRES
3
$tate'6f California Adak
County.of Orange •
On November 21, 1995 before me, K. R. -Viodes, Notary.Public
,
DATE NAME, TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
0 personally known to me - M- ❑ to be the
person(s) whose nameN is/arc subscribed to the within
instrument and acknowledged to me that 13e/she/tbW
executed the same in'Wher/MW authorized capacity(M),
-- - - - - - - - - - and that bytes/her/timbc signature M on the instrument the
K. R. VIODES ; personM, or the entity upon behalf of which the personal
COMM. 1019554
i c < ' acted, executed the instrument.
;\ s� NOTARY PUBLIC•CALIFORNIA FZ
ORANGE COUNTY N`
MY COMMISSION EXPIRES MAY 4, 1998 i[ WITNE my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY.CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
[]INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑PARTNER(S) ❑LIMITED
❑GENERAL
M,ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTnY(IES)
• tDNO.111 3321 6199
IUM included- TT—Performance
LABOR AND MATERIAL BOND
WHEREAS,the Uy Council of the City of Huntington Beach,State of California,and
THE PRESLEY COMPANIES
(hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said agreement,dated
ig and identified as project Tract 14990 is hereby referred to and made a part hereof,and
Improvements
WHEREAS,under the berms 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 True 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 cordractors,subcontractors,laborers,matedalmen and
other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedures in the sum of TWO HUNDRED THIRTY FIVE THOUSAND AND N01100---
dollars(3 235,000.00******* },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 addrgcn to the face amount thereof,costs and reasonable
expenses and fees,including reasonable attorneys fees,incurred by'WL in successfully enforcing such
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons,companies and corporations eni*d to file claims under Title 15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this oblIgation shall become null
and void,othemvise it shall be and remain in full force and effect
The surety hereby stipulates and agrees that no change,extension of time,alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any manner
i
affect its obligation on this bond,and it does hereby waive notice of any such chan�eextension,alteration
or addition.
In witness whereof,this instrument has been fully executed by the principal and surety
November
above named,on the 21st day of ,tg 95
THE PRES EY C sS
By
STATE OF CALIFORNIA )
) SS THE AMERICAN INSURANCE COMPANY
COUNTY OF ORANGE B
)
y b
VICTORIA M. CAMPBELL, ATTORN Y—IN—FACT
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA }
} SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES.
2
State'& California
County_of Orange _
On November 21, 1995 before me, K. R. Viodes, Notary,Public
DATE NAME, TITLE OF OFFICER-E.G..•JANE DOE.NOTARY PUBLIC
personally appeared Victoria M. Campbell. ***********
NAME(S) OF SIGNER(S)
0 personally known to me - M- ❑ to be the
person(s) whose nameN is/an subscribed to the within
instrument and acknowledged to me that ft/she/thW
executed the same in lWher/010 authorized capacity(M),
and that byAcs/her/fthx signature 04 on the instrument the
)' =° K. R. VIODES person(o, or the entity upon behalf of which the person
N - COMM. 4 1019554 acted, executed the instrument.
NOTARY PUBLIC•CAUFORNIA
ORANGE COUNTY �fV
MY COMMISSION EXPIRES MAY 4. 1998 f WITN S my hand and official seal.
4L2/ L4��L�
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITL.E(S)
❑PARTNER(S) ❑LIMITED
❑GENERAL
DATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
I
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITYpE.%
ATPOI;NEY THE AMERICAN INSURANCE COMPANY ----
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, 1W.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
--VICTORIA M. CAMPBELL---
IRVINF5
its true an faw 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,reeognizanca or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same anent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and drily 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 VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full forts and
effect.
"Article VII.Appointment and Authority of Resident Seeretariet,Attorneys-in-Fid and Agents to accept Legd Protest and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors, the President.any Vice-President or any other person authorised by the Board of
Directors.the Chairman of the Board of Directors.the President or say Vice-President may, from time to time.appoint Resident Assistant Secretaries and
Attorne7s-in-Fact to represent and act for and on behalf of the Corporatiou and Agents to accept legal process and matte appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries.Anornen-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,1994,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via-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 June . 19 90
i THE AMERICAN INSURANCE COMPANY
BY
Vioe-Ftmarnt -
ST.4TE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 1 cr day of T„na 19 00 before me personally came R. D.Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Via-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
seal:that it was so affixed 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 fast above written.
■trtnuunaw�wnunrwmrntitanwwetwrerrrrn f .
_ OFFICIAL SEAL
J. M. YANDEVORT
NOTARY PUBLIC-CALIFORNIA r,or,r,Pi,tue
Principal Office in Marin County
= Alt Camntission Expires Atp,211.1992 3
natNurMrauruwNntururuas«rtnrrrnrusow� CERTIFICATE
STATE OF CALIFORNIA
ss. .
COUNTY OF MARIN
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA C rporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore hat 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 Mann.Dated the 21 St day o f November . 19 95
+0+.,��•�o•`� Reudeot ASAUUM Sactta"
360711-TA-6-90(t1s.Y)
CALIFORNIA ALL-PURPOS&KNOWLEDGM ENT No.5907
State of
County of
On before me,
E /I J N ME,TITLE OF OFFICER-E.G.,'JANE DOE.NOTARY PUBLIC"
personally appeared /Z' �� ,
NAME(S)OTSIGN )
personally known to me - OR - El _proved to me on is of satisfactory evidence
to be the person(s) whose name(s) ieare
subscribed to the within instrument and ac-
knowledged to me that to Ke/they executed
the same in his/her/their authorized
capacity(ies), and that by hja r6r/their
MAURIMISIMMAN signature(s) on the instrument the person(s),
CQM #10'��1 or the entity upon behalf of which the
NofoN Pao_COUtomla
RANGjmsOCTY
O person(s) acted executed the instrument.
Comm. es OCT 2b.1998 p
WIT SS my hand and offici I seal
SIGNATURE F NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184