HomeMy WebLinkAboutTract 14652 - Subdivision Agrmt - Por TT 14134 - SE/Seapoint PrY OF HUNTINGTON BEACH- FaSlli
MEETING DATE: January 5, 1998 DEPARTMENT ID UMBER: PW 98-007
T-» .
Council/Agency Meeting Held: Tj9p
Deferred/Continued to:
ar'A'pproved ❑ condi i Wally Approved ❑ Denied City Clerk' Signature
Council Meeting Date: January 5, 1998 Department ID Number: PW 98-007
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administrator a4l
PREPARED BY: ES M. JONES II, Director of Public Works
SUBJECT: Approve the Release of Securittiie�s;lwithin Trac ?146,52 and Accept
the Public Improvements- �"- `6'a
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Seacliff Partners, the developer of Tract No. 14652 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.
14652 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 Subdivision Maintenance/Warranty Bond No. B96-013217; 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, Seacliff Partners of this action, and (_
the City Treasurer to notify the bonding company of this action.
5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"
(attached) with the Orange County Recorder.
0029453.01 -2- —5 12/20/97 1:17 PM
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 COUNCILIREDEVELOPMENT AGENCY APPROVED ITEM
DATE: - 9 19 9 4
TO: gig---.� ATTENTION:
Nam
(3o&Ae" 4* _ 6Z&0 , tat DEPARTMENT:
Street
A„ . CA 9 a70 1 REGARDING:
City,State,Zip �—
T
See Attached Action Agenda Item Date of Approval )s.19$
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: �t���A, . c.o 4- �e 7t, c_ t.u-.c�j-L -
CC:
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Department Insurance Copy
G:Fol lox%-up/agents/transltr
(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. 14652.
Public improvements constructed consist of the domestic water system and appurtenances.
CITY OF HUNTINGTON BEACH
b : City Engineer
APPROVED AS TO FORM:
`
L 'y k
City Attorney i Z - 2. 3-- 5 7
29427 -
RCA ROUTING SHEET
INITIATING DEPARTMENT: Department of Public Works
SUBJECT: Approve the Release of Securities for Tract No. 14652 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 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 FO>R MISSING ATTACHMENTS
. .
REVIEWED RETURNED fOR ED`
....
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
.
EXPLANATION FOR RETURN OF ITEM.
Only)(Below Space For City Clerk's Use
I
RCA Author: Bruce Crosby
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
March 1, 1996
Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
Gentlemen:
The City Council of Huntington Beach, at its regular meeting held Monday,February 20, 1996
approved the Subdivision Agreement for Final Tract No. 14652.
We are enclosing herewith a duly executed copy for your files.
Sincerely,
Connie Brockway, CMC
City Clerk
CB\cc
Enclosure
gafollowup\sdivagmt
_ — (Telephone:714-536-5227)
NOTICE O F4POMPLIANCE WITH &NDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: ZSS lalol CD
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO. I LA U 5 Z
PARCEL MAP NO.
PARK AND RECREATION FEES PAID: YES ❑ NO
OTHER:
for:
Howard Zelefsky
Planning Director
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURFCREST PARTNERS, L.P. FOR TRACT NO.14652
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
WU1465211/8/96
�. RORUEST FOR COUNCIL ACTH
MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER:PW 98-007
Alternative Action(s): Deny the recommended action.
Analysis: On February 20, 1996, the City Council approved Final Map No. 14652 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 Subdivision
Maintenance/Warranty Bond No. B96-013217 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):
City Clerk's
Page Number No. Description
1 Location Map
2 Subdivision Maintenance/Warranty Bond No. B96-013217— w-
3 Acceptance of Public Improvements Form
RCA Author: Bruce Crosby
0029453.01 -3- 12/20/97 1:17 PM
Bond No. B96-0132 17
Premium:
Premium subject to renewal
aRerla al term
ULICO CASUALTY COMPANY
SUBDIVISION MAINTENANCE/WARRANTY BOND
KNOW ALL MEN BY THESE PRESENTS,That we, SURFCREST PARTNERS L.P.
,
as Principal, and ULICO CASUALTY COMPANY, a Delaware corporation, a$ Surety, are held and firmly bound
unto CITY OF HUNTINGTON BEACH
as Obllgee, In the full and just sum of NINETY—SEVEN HUNDRED
Dollars (S_ 9,700. 00
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Obligee and the Principal have entered into an agreement whereby the Principal agrees to
install
and complete the following designated public Improvements SURFCREST
In Tract # 14652
WHEREAS, said Principal is required under.the terms of said agreement to guarantee, warrant and/or maintain
said improvements for a period of one year after the completion or acceptance by the Obligee.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if within one year from the date of
completion or acceptance by the Obligev the Principal fulfills the obligations as required by the said agreement
to guarantee, warrant and/or maintain the said improvements, then this obligation shall be null and void,
otherwise, to remain In full force and effect.
Sign and sealed this 2 8th day of AUGUST - 1997
SURFCREST PARTNERS, L.P.
(Witness/ (Rincipaq 15oalf
New Urban West, Inc., Agent
ev
s,C.�,��
(Title(
ULICO C
By
Attomey�r-fact
YLE L. SANDLIN
APPROVED AS TO FOR14:
GAIL HUTTON, City Attorney
By: Deputy City Attorney
554 (7J95)
ULICO
CASUALTY COMPANY
i l l Massachusetts Avenue,N.W. Washington,DC 20001 01
® o ® s ® 1
POWER OFATTORNEY
Know All Merl By These Presents: That Ulico Casualty Company,A Delaware Corporation,having its principal office in Washington,DC,pursuant to the
following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January, 1993:
RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of Attorney,qualifying the attorney named in the
Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the
Corporation,in the transaction of its surety business.'
RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any
certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and
binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Lyle L. Sandlin, Christopher 1. Torres and Linda Hickman, of Hallmark Associates Insurance Services of
Downey, in the State of California, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,
execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows:
Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILLION($3,000,000.00)DOLLARS;to bind Ulico Casualty
Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said
Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
In Witness Whereof, Ulico Casualty Company of Dover, Delaware,has caused this Power of Attorney to be signed by its Chairman and Chief Executive
Officer and its Corporate seal to be affixed this 1st day of November, 1996.
This Power of Attorney is void unless the seal is readable, the text is in black inky the signatures are in black inky this notice is in
red inky and if attached.to a document executed subsequent to January 1, 1999.
Ulico Casualty CompaA ,
9 A Ty
District of Columbia ss: hI SEAL /Z By:
rgine, airm and f Executive Officer
On this 1st day of November, 1996,before the subscriber,a Notary Public of the Di rict of Columbia, duly comm sio ed and qualified,came Robert A.
Georgine of Ulico Casualty Company to me personally known to be the individual and o cer described therein,and who a uted the preceding instrument,and
acknowledged the execution of the same,and being by me duly sworn,deposed and said,that he is the officer of the Company aforesaid,and that the seal affixed
to the preceding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said
instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument is now in force.
In Testimony Whereof,1 have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written.
y Ti
9
NOTARY By: �
s PUBLIC m A of ublic ,
.Ju !
j9"AFC Rotar)(-fublic, District of Columbia
CERTIFICATION MY Commission Expires March 31, 2001
1,Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the
Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of
Attorney are in full force and effect.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation this day of
199-
(° SEAL >I y
A.darabillo,Assistant Secretary
UCB-102-POAI (09/94) . :
Recording requested by,
and when recorded return to: Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
Connie Brockway, City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111Jill No Fee
Office of the City Clerk 19980079238 2:0tpm 02/11/98
CITY OF HUNTINGTON BEACH 005 22035767 22 19
P.O. Box 190 - 2000 Main Street A04 1 6.00 0.00 0.00 0.00 0.00 0.00
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. 14652.
Public improvements constructed consist of the domestic water system and appurtenances.
s
CITY OF HUNTINGTON BEACH
A
b : City Engineer
APPROVED AS TO FORM:
City.Attorney
29427
This document is solely roi, tna
Tax-Exempt-Government Agency official business of the City
CITY OF HUNTINGTON BEACH of Huntington rseach, as contem—
plated under Goverment Code
Sec. 6103 and should be recorded
By. ...................... free of charge.
PCB/A/(a eputy City Clerk
ATTACHMENT 1
SEP '
. TRACT 14652
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ATTACHMENT No. 1
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[PlotStamp Eval] G:\ACAD\CROSBY\14649-53
LOCATION PAP
J.
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 2
ATTACHMENT 3
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SURFCREST PARTNERS, L.P. FOR TRACT NO.14652
THIS AGREEMENT is entered into this 1 t day of March , 1996,'by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and SURFCREST PARTNERS, L.P, a California
limited 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. 14652;
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
kkr14652J1/10/96
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.
2
khr14652/1/8/96
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 Ninety
Seven Thousand Dollars ($97,000) 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
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.
3
k/tr14652/1/8/96
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
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
4
W0 4652/1/8/96
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 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.
5
kkr14652/1/8/96
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above vk,s M .1
SURFCREST PARTNERS, L.P., CITY OF'HUNTINGTON BEACH, A
NUWI-Surfcrest, its general partner municipal corporation of the State of
New HB Development, its general California
partner
By:
neral Partner Mayor
ATTEST:
print name
R AND APPROVED-
City Clerk
APPROVED AS TO FORM:.
City Administrator
City Attorn y V II f G
INITIATED AND APPROVED:
City Engineer
6
kftr14652/1/8/96
AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Christine Cleary
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineer Assistant
DATE: February 28, 1996
TRACT NO.: 14652
TITLE CO.: First American Title Insurance Co., 114 E. 5th St., Santa Ana, Ca. 92702
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
8078.03
I
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's SignattTre
Council Meeting Date: February 20, 1996 Department ID Number: CD 96-7
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T'. UBERUAGA, City Administr
PREPARED BY: MELANIE S. FALLON, Community Development Director
SUBJECT: FINAL TRACT MAP NO. 14652, A PORTION OF TENTATIVE
TRACT MAP NO. 14134, WITH BONDS AND AGREEMENTS
F
atement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
The final map of Tract 14652 (Phase VI of Tract 14134-Surfcrest South), located southeast
of Seapoint 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. 14652 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. 14652 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.
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. B96-013217
b. Labor and Material Bond No. B96-013217
c. Monument Bond No. B96-013218
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):
I
The City Council may make the following motion:
A. "Deny Final Tract Map No. 14652 and not accept the offer of dedication,
improvements, and bonds."
#QUEST FOR COUNCIL ACTIR
MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: CD 96-7
Analysis:
A. PROJECT PROPOSAL:
SUBDIVIDER: Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
1
ENGINEER: Walden and Associates
18012 Cowan, Suite 210
Irvine, CA 92714
LOCATION: Southeast corner of Seapointe Street and Palm Avenue
ACREAGE: 1.187 Acres
NO. OF LOTS: 17 numbered lots (2 lettered lots)
NO. OF UNITS: 17 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. 14652 represents Phase
VI (17 townhomes of the 115) of the Surfcrest project. The first through the fifth phases of
the project, Tracts 14647, 14648, 14649, 14650 and 14651 have already been accepted by
the City Council. All of the first five 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.
CD96-07.DOC -2- 02/01/96 1:47 PM
R%VEST FOR COUNCIL ACTIR
MEETING DATE: February 20, 1996 DEPARTMENT ID NUMBER: CD 96-7
Environmental Status:
This action to accept Final Tract Map No. 14652 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.
Attachment(s):
City Clerk's
Page Number
_ _
_...
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 and Labor and Material Bond
CD96-07.DOC -3- 02/09/96 10:59 AM
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TRACT NO, 14134 --;�=-
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Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
July 13 , 1990
Surfcrest Partners
520 Broadway, Suite #100
Santa monica , CA 90401
SUBJECT: CONDITIONAL USE PERMIT NO.- 89-62 WITH SPECIAL PERMITS/
TENTATIVE TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO.
89-39/NEGATIVE DECLARATION NO. 89-52
REQUEST: Construct 115 three-story townhomes in the Coastal Zone
with special permits for : 1) relief from one-third of
the units less than three-story; 2) reduction of access
width; 3) relief from 4-foot offset; 4) encroachment of
fences and patios into front setback area; 5) relief from
20-foot setback from drive aisle; 6) relief from 5 foot
garage setback from drive aisle; 7) 28 feet in lieu of 30
feet rear to rear setback.
LOCATION: Southwest of the intersection of Palm Avenue and Seapoint
Avenue
DATE OF
APPROVAL: July 10, 1990
'FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 89-39 :
1 . The proposed 115 townhome development conforms with the plans,
policies, requirements and standards of the Huntington Beach
Coastal Element of the General Plan.
2 . Coastal Development Permit No. 89-39 is consistent with the
Coastal Zone suffix, as well as .other provisions of the
Huntington Beach Ordinance Code applicable to the property.
3 . At the time of occupancy, the proposed 115 townhome development
can be provided with infrastructure in a manner that is
consistent with the Huntington Beach Coastal Element and .
Coastal Land Use Plan of the General Plan.
4 . The proposed 115 townhome development conforms with the public
access and public recreation policies of Chapter 3 of the .
California Coastal Act .
CONDITIONAL USE PEROT NO. 89-62 WITH SPECIAL ORMITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Two
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 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 .
d. Relief from 20 foot setback from drive aisle.
e. Reduction of rear -to rear setback from 30 to 28 feet.
f . Permit security fence in front setback area.
2. The requested special permits provide for maximum use of
aesthetically pleasing types of architecture, landscaping,
design and building layout .
CONDITIONAL USE PAT NO. 89-62 WITH SPECIAL ORMITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Three
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 or_ 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.
CONDITIONAL USE PEI& NO. 89-62 WITH SPECIAL &MITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Four
2 . Prior to submittal for building permits, the applicant/owner
shall complete the following :
a . Submit three copies of the site plan to the Planning
Division for addressing purposes . If street names are
necbssary, 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.
CONDITIONAL USE PER& NO. 89-62 WITH SPECIAL A&MITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Five
f . Elevations shall depict colors and building materials
proposed.
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. A1.1
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:
CONDITIONAL USE PE* NO. .89-62 WITH SPECIAL WMITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Six
(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 .
(3) 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.
CONDITIONAL USE PE NO. 89-62 WITH SPECIAL OMITS/ TENTATIVE
TRAC
T NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Seven
(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 .
d. Hydrology and hydraulic studies shall be submitted for
Public Works approval .
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. .
4 . Fire Department Requirements are as follows :
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.
CONDITIONAL USE PEA NO. 89-62 WITH SPECIAL &MITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Eight
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 .
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.
CONDITIONAL USE PEI& NO. 89-62 WITH SPECIAL 06ITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Nine
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
Plah 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 approved by 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 .
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 shall be completed prior
to occupancy of the building .
8 . There shall be no outside storage of vehicles, vehicle parts,
equipment or trailers .
CONDITIONAL USE PEFW NO. 89-62 WITH SPECIAL A&M ITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Ten
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 .
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.
MY\\
CONDITIONAL USE PER* NO. 89-62 WITH SPECIAL MITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Eleven
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 .
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.
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.
CONDITIONAL USE PE T NO. 8.9-62 WITH SPECIAL ORMITS/ TENTATIVE '
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39-/NEGATIVE
DECLARATION NO. 89-52
Page Twelve
(2) Installation of traffic signal system at Seapoint and
Pacific Coast Highway.
(3) Installation. 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.
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.
CONDITIONAL USE PER10 NO. 89-62 WITH SPECIAL &ITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. . 89-39/NEGATIVE
DECLARATION NO. 89-52
Page Thirteen
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
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.
CONDITIONAL USE PER N0. 89-62 WITH SPECIAL P�!lRMITS/ TENTATIVE
TRACT NO. 14134/COASTAL DEVELOPMENT PERMIT NO. 89-39/NEGATIVE
DECLARATION NO. . 89-52
Page Fourteen
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.
I hereby certify that Conditional Use Permit No . 89-62 with Special
Permits/Tentative Tract No. 14134/Coastal Development Permit No .
89-39/Negative Declaration No . 89-52 were approved by the Planning
Commission of the City of Huntington Beach on July 10, 1990, 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,
Mike Adams, Secretary
Planning Commission
by:
Hal Simmons
Senior Planner
(6423d-3-16)
..... .....
. ... ............................................................�`TTACHl' ........ �NT 4 ,; ...
......................... V XTWCH1Vf�NT S-
A°T�i'ACI........
...............................-........-......-.......--...........
ENT 6...
..............
............
UIE DATE(k` .o.Yy)
08/03/95
PRa�ucEn CONFERS NO RIGHTS UPON 7 ER7IFICATE HOLDER. THIS LY AND
HALLMARK ASSOC INS SERVIC DOES NOT AMEND, EXTEND OR ALTER THE COVEAAGE AFFORDED CERTIFICATE
BY THE
SANDLIN &ASSOC INS AGENCY POLICIES BELOW.
P.O.BOX 769
DOWNEY,CA 90241 0769 COMPANIES AFFORDING COVERAGE
-
.......................................................................................................I..............................................................
COMPANY
LETTER A GERLING AMERICA INSJWK COOPER
............. ..........:....................................................................................
COMPANY
................................................................................................................................. B GOLDEN EAGLE INSURANCE
INSURED E LETTER
SEACLIFFPARTNERS ................................................111111.1............ ...................................................................................
COMPANY
NEW URBAN WESTJNC. LETTER C
ATTN:CINDY FROMAN ....................................................................................................................................................................
COMPANY
520 Broadway,Suite 100 LETTER
......................................................................................................................................................................
Santa Monica,Ga. 90401 COMPANY
LETTER E
..............
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 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 AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
...................................................................................................................................................................................................................................................................................................
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
�Tll:q DATE(MM/DO/YY) DATE(MMAONY)
GENERAL LIABILITY GENERAL AGGREGATE
2,000,000
...........................
COMMERCIAL GENERAL LIABILITY PROOUCTS-COMP/OP AGGR. S.
.................m...........................:.......... . .........!AMN......
. .... . OCCUR.
X PERSONAL&AOV.INJURY 1000000
CLAIMS MADE
..........
NZ03f 08/01/96 ...............................................................!.......I.............
A
: OWNER'S&CONTRACTOR'S PROT.X �GM
EACH OCCURRENCE 1000000
............................................... ..............I.......I.............
FIRE DAMAGE(Arty one Ilre)
100,000
.......... ...................................................... .......................................................................................
MEO.EXPENSE(Any one parson)
5,000
AUTOMOBILE LIABILITY COMBINED SINGLE
.........: $
ANY AUTO LIMIT
.......... ............................................... m..................................
ALL OWNED AUTOS
BODILY INJURY $
(Per parson)
SCHEDULED AUTOS
.......................................................................................
...........
HIRED AUTOS
NON-OWNED AUTOS r
BOOILY INJURY
rul 10 (Par accldenl)
ik Lu
.......................................................................................
GARAGE LIABILITY By.:; Deputy
......... a PROPERTY DAMAGE
EXCESS LIABILITY v EACH OCCURENCE .$ 5,000,000
.......... ................. ............................................
A X UMBRELLA FORM 8030386 08/01/95 08/01/95 AGGREGATE
5,000,000
OTHER THAN UMBRELLA FORM
...Xj STATUTORY LIMITS
WORKER'S COMPENSATION ........................................
EACH ACCIDENT $ 1,000,000
B AND PWC271733 09/330/94 09/3V95 ................................................ ......................................
OISEASE-POLICY LIMIT
1 000000
EMPLOYERS'LIABILITY ............................................... ..............I.......I.............
DISEASE-EACH EMPLOYEE $
1,000,000
OTHER
BUILDERS RISK 1600000 LMTOFINS
A 80103861MP 08/01/95 08/01/96 2500 DED.
)ESCRIPTION OF OPERATIONS/IOCATIONS/VEHICLESI'SPECIAL ITEMS
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY
ARISING OUT OF INSURED'S OPERATIONS;ALL OPERATIONS
'TEN (10) DAY NOTICE OF CANCELLATION DUE TO NON-PAYMENT OF PREMIUM
k. .................... ...... ................
RTIF
........... .....
. .......................... ..
C. .T E.ko,
.... ... ......
........................
.......................
FAX# 714-374-1597 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN: DENNIS COULTER
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ffff_qYLl=
CITY OF HUNTINGTON BEACH, ITS AGENTS..:4.".. MAIL .10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
�
OFFICERS AND EMPLOYEES LEFT:T3)rVRV XvRvvAv§EXG�VA_
2000 11AIN STREET W
HUNTINGTON BEACH, CA 92648
AUTHORIZED REPRESENTATIVE
1
POLICY NUMBER: 8020386GLP 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:
ATTN: DENNIS COULTER
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
(If no entry appears above. information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section Il) is amended to include as an insured the person or organization shown in the
Schedule, but only viith respect to liability arising out of "your work" for that insured by or for ycu.
I
c
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and Monument Bond
I have received the Faithful Performance Bond and the Labor and Materials
bond for Final Tract Map No 14652, a portion of Tentative Tract Map Nn 14134,
with Bonds and Agreements
on behalf of the Treasurer's Office.
Dated—
By:
Seacliff Partners
. 520 Broadway, Suite 100
Santa Monica, CA 90401
1 • BOND NO. B96-013218
PREMIUM $150.00
PREMIUM SUBJECT TO RENEWAL AFTER
INITIAL TERM.
MONUMENT BOND
1
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KNOW ALL MEN BY THESE PRESENTS:
Surfcrest Partners, L.P.
THAT
as°Subdlvider of Tract No. 14652 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
cerlificaia,stating that all final monuments will be set in the positions indicated on or before the date
1. spetiffei I in said certificate:
That said quT*f(-rest Pnrtnere, T..P-
(Subdivider)
as qrinci pal,and ULICO CASUALTY COMPANY
as lure ,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such
{ moaum Ints 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 ONE THOUSAND----00/11
(d,OC 3-OO _ 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
Govern 1 ent Code of the State of California.
IN WITNESS WHEREOF,we have executed this'instrument this 23rd day of
1 JANUARY 23rd ,tg 96
Surfcrest Partners, L.P. as Principal
By: NUWI-Surfcrest L.P., its general partner
By: New HB Development, Inc., its general partner
By: -
(name) (title)
ULICO CASUALTY�OMPwe as Surety
j By: l/
II By'. YUNG T. MULLICK ATTORNEY-IN-FACT
i I
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1
STATE JF CALIFORNIA )
SS
COI�NT� OF ORANGE )
! Los�NEaE�F,b
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ON I , I99� BEFORE ME, C�1�CyYisn P �
A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEAREDCV�D• �l k
AND
PE14SOf IALLY KNOWN TO ME
TO bET4E PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND.'
ACKNO VLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
ANd TH.kT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED Tre
IG�Jd
zz
GRETCHEN ROEDER
WfTNE MY HAND coMK 4"oa'62, =
'_o Notary Ptbtic—Califomla
LOS ANGELES COUNTY
Nly Comm.E.PIree DEC 18.1998
SIGNAT JRE IS
NOTAR I PUBLIC IN AND FOR SAID STATE IN_LQS 7 NG EFLF--S COUNTY
eo(er
(NAME PRINTED) MY COMMISSION EXPIRES
i
STATE F CALIFORNIA )
I I ) SS
C06, OF ORANGE )
i
ON1 BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
i
PER SO LY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE I HE 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
BEAALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNE S MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUt Ty
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! (NAME PRINTED) MY COMMISSION EXPIRES__
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ULICO
CASUALTY COMPANY
I I I Massachusetts Avenue,N.W. Washington,DC 20001
POWER OF ATTORNEY YUT 0459
Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation, having its principal office in Washington, DC,
pursuant to the following resolution, adopted by the Board of Trustees of the Corporation effective on the 28th day of January, 1993:
RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the
attorney named in the Powers-of-Attomey to execute on behalf of the Corporation contract bonds and other related surety bonds, and to
attach thereto the corporate seal of the Corporation, in the transaction of its surety business."
RESOLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-
Attorney or to any certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and
facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond
to which it is attached."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT Yung T. Mullick of Ulico Standard of America Casualty Company of Chino, in the state of
California, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute,
acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
Contract bonds and other related surety bonds: IN AN AMOUNT NOT EXCEED FOUR MILLION($4,000,000. 00) DOLLARS; to bind Ulfco
Casualty Company thereby as fully and to the same extent as if such bond, as signed by the duly authorized officers of Ulico Casualty
Company, and all the acts of said Attorneys)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
/n Witness Whereof, Ulico Casualty Company of Dover, Delaware,has caused this Power of Attorney to be signed by its Chairman and Chief
Executive Officer and its Corporate seal to be affixed this 22nd day of May 1995.
Ulico C sualty Company
District of Columbia ss: SEAL = BY:
,P,P RZrict
A. Georgina, Chairman n 'Chief Executive Officer
oEi,w'p/
On this 22nd day of May 1995, before the subscriber, a o ary Public of the Diof Columbia, duly co issioned and qualified, came
Robert A. Georgina of Ulico Casualty Company to me personally known to be the individual and office, described therein, and who executed the
preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and
signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the
resolution of the Company, metered to in the preceding instrument, is now in force.
In Testimony Whereof, 1 have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written.
lyOPowNµ
NOTARY By: �7L D`r�
PUBLIC A Notary Public
My Commission xpires: Betty BroP.
wn AlSobt00ks
OF t
CERTIFICATION D1y commission Expires April 14,IM
1, Joseph A. Carabillo, Assistant Secretary of Ullco Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution
adopted by the Board of Trustees of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the
Resolution and the Powers of Attorney are in full force and effect.
In Witness Whereof, have hereunto set my hand and affixed the seal of the corporation this 23rd day of
JANUARY 199 6
pPOq,
O ! /
SEAL By: r+� G
Josep C abillo, Assistant Secretary
This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, and this notice is in red ink.
UCB-IO2-POAI (09/94)
STATE F CALIFORNIA )
SS
couNr,OF ORAiV(;E j
(,OSA'tsEEc�S
n
ON', % BEFORE ME,
A NOTARY PUBL C IN AND FOR SAID STATE,PERSONALLY APPEARED t5fe0he4l D.6unffL94'--
PERSONALLY KNOWN TO ME
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 TM
GRETCHEN ROEDER
WITNE MY HAND ZQp ,0 #IfvC.h z
Notary Public—CaGfomla
lOS ANGELES COUNTY
y Comm.E�tres DEC 18.1998
SIGNAT RE IS
NOTAR PUBLIC IN AND FOR SAID STATE IN _I,os -} N60LFS COUNTY
(ddlen piedu
(NAME PRINTED) MY COMMISSION EXPIRES I Z 8
I
STATE F CALIFORNIA )
SS
COUNT OF ORANGE )
ON! I F, BEFORE RE ME,_
A NbTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
1
AND
PEg8O ALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE I HE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
ANd TH AT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNE JS MY HAND
1
SIGNA RE MY PRINCIPAL PLACE OF BUSINESS IS I
NOTARtPUBLIC IN AND FOR SAID STATE IN COUNTY
! (NAME PRINTED) MY COMMISSION EXPIRES
3
• BOND NO. B96-013217
PREMIUM Included in the
Peformance Bond. :
LABOR AND MATERIAL BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
S=fcrest Partners L.P.
(heripina ter designated as"Principal")have entered into an agreement whereby principal agrees to install
andicorr plete designated public improvements,which said agreement,dated ,
19 and identified as projectzract 14652 is hereby referred to and made a part hereof,and
WHEREAS,under the terms of said agreement,principal is required before entering upon
the kc rmance of the work,to fli e a good and sufficient payment bond with the City of Huntington Beach
I
to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of
Division of Civil Code of the State of California.
Now,therefore,said principal and the undersigned as corporate surety,are held firmly
bound ut to the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and
other pe sons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedures in the sum of Forty Eight Thousand Five Hundred Dollars
dollars( 48,500.00-�........................1,for materials furnished or labor thereon of any
kiri4 or r amounts due under the Unemployment Insurance Act with respect to such work or labor,that
said sun ty will pay the same in an amount not exceeding the amount hereinabove set forth,and also in
case sui is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable
expensT and fees,including reasonable attorney's fees,incurred by'City'in successfully enforcing such
obligatio i,to be awarded and fixed by the court,and to be taxed as costs and to be included in the
judjmer t therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit;of any
andall p rsons,companies and corporations entitled to file claims under Title 15(commencing with
Section 082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns i
in arty suit brought upon this bond.
i
Should the condition of this bond be fully performed,then this obligation shall become null
andivoid,otherwise it shall be and remain in full force and effect
1
The surety hereby stipulates and agrees that no change,extension of time,alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any manner
I I t
� i
aff obligation on this bond,and it does hereby waive f any such change,extension,alteration
00
or Aditi n.
I
In witness whereof,this instrument has been fully executed by the principal and Surety
above named,on JANUARY 23rd 19 96
STATE OF CALIFORNIA )
) SS
COON OF ORANGE )
ON I BEFORE ME,
I
A NPTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
POSOI ALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE I HE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
ANd TH kT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEAALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WI*i
E S MY HAND
SIGMA RE MY PRINCIPAL PLACE OF BUSINESS IS
NOTAR PUBLIC IN AND FOR SAID STATE IN COUNTY
i
(NAME PRINTED) MY COMMISSION EXPIRES
STATE F CALIFORNIA )
SS
C06NT f OF ORANGE )
I OW BEFORE ME,
A NPTP RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
I AND
PERSO 4ALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO E HE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
JAC NO LEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND T AT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHAL OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNE S MY HAND
SIJNA1 URE MY PRINCIPAL PLACE OF BUSINESS IS
NOTAR Y PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
i
2
bUIVU IVV. u7u-u..,�+.
~ PREM UBJECT TO RENEWAL AFTER INITIAL TERM.10 PREMIUM: $1,940.00
i
I
I FAITHFUL PERFORMANCE BOND
I
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
i
I Surfcrest Partners L.P.
i
l
1 (hereina ler designated as'principal")have entered into an agreement whereby principal agrees to install
and:conjplete designated public improvements,which said agreement,dated
i
I 19 ,and identified as project 'tract 14652 ,is hereby referred to and made a part hereof;and
I WHEREAS,said principal is required under the terms of said agreement to furnish a bond
� I
for the flithful performance of said agreement-
i
Now,therefor,we,the principal and ULICO CASUALTY COMPANY
i
as suret f,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City*,the penal
I Sum of H'etY7Seven Thousand and 0/100 dollars($97,00.00.... ...
lawful money of the United States,for the payment of which sum well and truly to be made,we bind
i .
(; ours;elve s,our heirs,successors,executors and administrators,jointly and severally,firmly by these
! present,.
The condition of this obligation is such that if the above bounded principal,his or its heirs,
l
executo s,administrators,successors or assigns,shall in all things stand to and abide by,and well and
truly ke and perform the covenant,condition and provisions in the said agreement and any alteration
thereof rude as therein provided,on his or their part,to be kept and performed at the time and in the
l mariner herein specified,and in all respects according to their true intent and meaning,and shall indemnify
and`sav harmless"City%its officers,agents and employees,as therein stipulated,then this obligation
I
i shall be ome null and void;otherwise it shall be and remain in full force and effect
I
i As a part of the obligation secured hereby and in addition to the face amount specified
i
I therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's
fees inc rred by"City in successfully enforcing such obligation,all to be taxed as costs and included in
any judg�ment rendered.
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The surety hereby stipulates and agrees that no charge,extension of time,alteration or
addition o the terms of the agreement or to the work to be performed thereunder or the specifications
accomp nying the same shall in anywise affect its obligations on this bond,and it does hereby waive
notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work
or to,the 5pecifications.
In witness whereof,this instrument has been duly executed by the principal and surety
above nE med,on JANUARY 23rd 19 96
Surfcrest Partners, L.P. as Principal
I
By: NUWI-Surfcrest L.P., its general partner
By New HB Development, Inc., its general partner
By P rat
(name) (Title)
i
l ULICO CASUALTY COMPANY
j as Surety
l C
i By /
B UNG T. MULLICK ATTORNEY-IN-FACT
1
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CALIFORNIA
ALL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On 1-23-96 before me, Cherie Mahtesian, Notary Public, personally appeared,
Yung T. Mullick. Attorney-in-Fact 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 acknowledged 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.
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WITNESS my hand and official seal. ;.•' .\ Ci_
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(SEAL)
NOTARY BLIC SIGNATURE
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT FAITHFUL PERFORMANCE BOND
DATE OF DOCUMENT 1-23-96 NUMBER OF PAGES two
I
SIGNERS) OTHER THAN NAMED ABOVE none
ULICO
CASUALTY COMPANY
111 Massachusetts Avenue,N.W. Washington,DC 20001
POWER OF ATTORNEY YUT 0458
Know All Men By These Presents: That Ulico Casualty Company,A Delaware Corporation, having its principal office in Washington, DC,
pursuant to the following resolution, adopted by the Board of Trustees of the Corporation effective on the 28th day of January, 1993:
RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the
attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to
attach thereto the corporate seal of the Corporation, in the transaction'of its surety business."
RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-
Attorney or to any certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and
facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond
to which it is attached."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT Yung T. Mullick of Ulico Standard of America Casualty Company of Chino, In the state of
California, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute,
acknowledge and deliver In its behalf, and as its act and deed, without power o1 redelegation, as follows:
Contract bonds and other related surety bonds: IN AN AMOUNT NOT EXCEED FOUR MILLION($4,000,000. 00) DOLLARS, to bind Ulico
Casualty Company thereby as fully and to the same extent as if such bond, as signed by the duly authorized officers of Ulico Casualty
Company,and all the acts of said Attorneys)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed.
In Witness Whereof, Ulico Casualty Company of Dover,Delaware,has caused this Power of Attorney to be signed by its Chairman and Chief
Executive Officer and its Corporate seal to be affixed this 22nd day of May 1995.
Ulico C r alty Company
40pP Oq�r�
District of Columbia ss: $EAL Z
By:
0 1079 RZtrict
A. Georgina, Chairman n Chief Executive Officer
pLAV1
On this 22nd day of.May 1995, before the subscriber, a o ary Public of the Diof Columbia, duly co issioned and qualified, came
Robert A. Georgina of Ulico Casualty Company to me personally known to be the individual and office, described therein, and who executed the
preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the
Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and
signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the
resolution of the Company, metered to in the preceding instrument, is now in force.
In Testimony Whereof, I have hereunto set my hand, and affixed my official seal at Washington, DC the day and year above written.
f.,OV$i AL �ARY By: �G✓'`7L G'�%`�
PUBLIC A Notary Public
�a� My Commission xpires: Betty BroNulary FOR, OSUMI we We
wn AlSobr00kt
CERTIFICATION b1y commission Expires April 14,1M
1, Joseph A. Carabillo, Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution
adopted by the Board of Trustees of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the
Resolution and the Powers of Attorney are in full force and effect.
In Witness Whereof,have hereunto set my hand and affixed the seal of the corporation this 23rd day of
January 199 6 /1
SEAL By.-
eEi;r!'p6 JoseV4ChibilI6, Assistant Secretary
This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, and this notice is in red ink.
UCB-102-POA] (09/94)
ado,