Loading...
HomeMy WebLinkAboutTract 14007 - The Hamptons - New Urban West - HB Hamptons Pa ' t3�sl�-Pik OITY OF HUNTINGTON BEA trPdenr�'eh- iYnu ✓e•� MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW99-037 Council/Agency Meeting Held: �� 7De rred/Continued to: Ap roved Conditionally A proved U Denied (J Ci Clerk's Signature Council Meeting Date: June 7, 1999 Department ID Number: PW99-037 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTIONn SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ; PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works AIC---0 SUBJECT:) APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14007 AND ACCEPT THE PUBLIC IMPROVEMENTS. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: HB Hamptons Partners L.P., the developer of Tract No. 14007, located north of Garfield Avenue and west of Golden West Street, 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. 14007 and, 2. Release the Faithful Performance/Labor and Material No. B95-013154 and Monument Bond No. B95-013155 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Guarantee and Warranty Bond No. B95-0131,54; 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, HB Hamptons Partners L.P. of this action, and the City Treasurer to notify the bonding company, Ulico Casualty 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES ss. T MAY 5, 1999 CECIL D. UY, NOTARY PUBLIC ( On before me, ' Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") STEPHEN GUNTHER C� personally appeared , Name(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose name) isJafe-- subscribed to the within instrument and acknowledged to me that he/S 9"executecl the same in his/h4effthreii— authorized CECiL D.Uy � capacity(hp-4), and that by his/herfthEtr Commissicn i 11993.:-1 L signatureAon the instrument the person(X, or Z®rlallotoryPubiiC—Cci;rornio the entity upon behalf of which the person '] Los anegeies County acted, executed the instrument. tvty Comm.EVies Oct 23,2002 W N SS my ha cial S I. Place Notary Seal Above Signature of No ary Public S OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: GUARANTEE AND WARRANTY BOND Document Date: MAY 3, 1999 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer { Signer's Name: 2 ❑ Individual . Top of thumb here h• Corporate Officer—Title(s): V5 ❑ Partner—❑ Limited ❑ General Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: O 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ;S Al ele3 ss. I On before me, miGlelle, 14F• / //mso Date - Name and Titl of Officer(e.g.,-Jarib Doe.Notary Public personally appeared Name(s)of Signer(s) i ersonally known to me I- roved to me on the basis of satisfactory evidence to be the persoriks) whose nameM is/afe- subscribed to the within instrument .and MICHFIIE R.PILLISO acknowledged to me that he/she4ey executed Commission# 120= the same in his/har/.theix authorized Z4PMvComm.El9*%NoVZM021 Notary Public-Caiifamia capacity(.ies), and that by his/heffl� r Las Angeles County signature(5) on the instrument the person(v), or the entity upon behalf of which the person(s-f l acted, executed the instrument. AE "SS my hand and o "al sea I� i� Place Notary Seal Above Signature of Notary Public h OPTIONAL rl Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �pp ' Title or Type of Document: 1AW r`-� a� '1�/ I Document Date: Number of Pages: �S Signer(s) Other Than Named Above: Ca acit ies Claimed b Signer ' P N ) Y 9 / le / • J��L� Signer's Name: (i C• Individual Top of thumb here Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑General Attorney in Fact Trustee 2� E. Guardian or Conservator ! C Other: I Signer Is Representing: GCCr C��t�;ltiG I ©1997 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ATTACHMENT 3 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Recording requested by, III III III III 1111 No Fee and when recorded return to: Connie Brockway,City Clerk 005 15017263 ,59990585121 09;27am 08/11/99 48 Office of the City Clerk A04 1 6.00 0.00 0.00 0.00 0.00 0.00 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 May 5, 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 f of Huntington Beach, as described on Final Map No. 14007. Public improvements constructed consist of the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances within Saddleback Lane and the storm drain system and appurtenances within the dedicated easement. CITY OF HUNTINGTON BEACH This document is solely for thO by: City Engineer ofi Ici l business Of fhe CFI /-5,PC-- i-untinnton B eR°-va, as contem- APPROVED AS TO FORM: ra,,a ed under e r T . rat Code sec 6-ic,3 and should be recordeglhe foregoing instrument is a correct free of charge. copy of th original on file in this office. City Attest 19� /t 5i ACC 34715 CO lE CROCKWAY Tax_Exgmpt-GovemmentAgeney City Clerk and Ex-officio Clerk of the City CITY OF HUNTINGTON BEACH Council of the Cityof Huntington Beach nnis Brockway,city cigrk g Califor BY: By Deputy pU1 Its►Q1WX i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY 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 14007 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, CIVIC City Clerk Enclosures g:\followup\deeditr: Tract 14007— HB Hamptons Partners L.P. — n/Garfield and w/Golden West St. (Telephone:714-536.5227) ` • F 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 May 5, 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. 14007. Public improvements constructed consist of the domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances within Saddleback Lane and the storm drain system and appurtenances within the dedicated easement. CITY OF HUNTINGTON BEACH 4 0 � _ -rhIs document is solely for the by: City Engineer ancial business of Vie City /VC-- Q Funtington Beach, as contem- APPROVED AS TO FORM: o, to-d under Government Code Sec. 6103 and shi ouid be recorded - free of charge. City Attorney %11 34715 Tax-Exempt-Goverrtinant Agency CITY OF HUNTINGTON BEACH C We Brockway,City C!?rk BY: Puty)*— City Clerk J Alternative Action(s): Deny the recommended action. Analysis: On March 4, 1996, the City Council approved Final Map No. 14007 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 domestic water system and appurtenances within the private streets, the sanitary sewer system and appurtenances within Saddleback Lane and the storm drain system and appurtenances within the dedicated easement. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. B95-013154 as security. Following is a list of project data: Developer: HB Hamptons Partners L.P., 520 Broadway, Ste. 100, Santa Monica, CA. 90401 Engineer: Hunsaker and Assoc., Three Hughes, Irvine, CA. 92718 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Zone: Ellis-Goldenwest Specific Plan 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 Guarantee and Warranty Bond No. B95-013154 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby Tr 14007 bond release RCA -- 05/17/99 5:17 PM CITY OF HUNTINGTON 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: JOr e- TO: 13 [4Am pinn S ta r4n-e1'S L - P ATTENTION: Name _ O rp[lr,(wgi f'2 /O O DEPARTMENT: Street � "" OotY1- -d lemon i CA'� . go4n l REGARDING: City,State,Zip See Attached Action Agenda Item -10 Date of Approval to Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Re arks: Connie Brockway City ClerkoYJV/Y1e/!L� JBU�VD �, /,J U/ 3/.S� Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: ��eQ sle.0 P D Np n.5 De men RCA Agreement Insurance Other ((�.�� or"UC 5 N ment RCA Agreement Insurance Other ri e �n r� e h �' (.)e,eA 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:714.5 36.5 227 ATTACHMENT 1 DM 38L Ige u SECTIONAL DISTRICT MAP 34-5-II CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP Dv. �a•rE.E •wK � Drt Oq R y e � CF—R J . (W-N-IGTQN. CEY-i RAL Pea:O o � I i q I _ I (DTI IE q -...... _ I I I I I I I 1 I I I T OG.P 1 i I 1 t I 1 �o tpd I I I 1 'rJ Wll` �Uuuuu uuuuyµ; - IftTfffffll'171frarriif_iI , Nln hnllnnlul nnrTTfnnnn frnnnnrt nl wuunnuhnn�l---------f- i rrrmrnTin m r n7i'o 111111111IIGII IIIIIIII III MnxnnAtnnnryryl 1 111111I II11 11II11111111 �----- IL uw- i I � 1 I OF 1. to W W 0 0 0 G4/>'F�£C p '• ' • AVE. \�� ATTACHMENT 2 0 I have received Guarantee and Warranty Bond No. B95-013154, Ulico Casualty Company, for HB Hamptons Partners, L.P. 34'?o.&a Re: Tract No. 14007— n/Garfield Ave and w/Golden West St. Item E-10 approved on June 7, 1999. Dated: 2Y-99 By: .80NONO. B95-01 3154 PREMIUM Included GUARANTEE AND WARRANTY BOND; ;. WHF-RFAS,HB Hamptons Partners ,L�`P as a Principal,and Ulico Casualty Company a corporation organized under the laws of the State of Delawar2 .:�.ti: and duly authorized to do business in the State of Carifomia,as Surety,'M held and fin*bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of F 1'teen. T'iQusand Eight Hundred and No/100-- representing l0 percent of the conim price entered into between the Principal and Obligee,to which payment welt and.ttufy to be made we do bind ourselves,and each of our heirs,executm,administrators,successors.ikid:attsigns Jointly and severally. WHEREAS,the said principal entered into a contract with sold Obligee,hated for worts described as follows: TRACT ; 14007 WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against nil defects in workmanship and motenats during sad one year period. WI IEREAS.said work has been completed.and accepted by,Obligee on NOW.THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all less that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and ,xceptanro thereof by Obligee . In witness whereof,this instrument has been duty executed by the principal and surety above named,on May 3, 1999 HB Hamptons Partners L.P as Principal AkTh0ty AS iO FOR14t1 By-- Hamptons L.P. Its General Partner GAIL• 11UITON CITY :''iGj�' Y Sy NEW HB Development, Inc. Its General Partner By: By: Uli*L. ual omp n , -AS SURETY By:Lylandlin, orney—In—Fact ULICO 0 CASUALTY COMPANY _ 515 111 Massachusetts Avenue,N.W. Washington,DC 20001 POWER OF ATTORNEY 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 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." Timis 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 I.Torres and Linda Hickman,of Hallmark Associates Insurance Services,of Downey,in the State of California, its true and lawful Attorney(s)-i n-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' AINMOUNT 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 Attomey(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof,U6co 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 January,1999. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in black ink,this notice is in red ink,and if attached to a document executed subsequent to March 31,2001. Ulico Casualty C mpapy 4oPvon�r� District of Columbia ss: SEAL By. eF 1p19 P� ' bert A.Georgine,Ch` !and Chief Executive Officer AOn this 1st day of January,1999,before the subscriber,a Notary Public of the Districtduly commissio e/ d qualified,came Robert A.Georgine of Ulico Casualty Company to me personally known to be the individual and officer described therein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly sw•om,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,I have hereunto set my hand,and affixed my official seal at Washington,DC the and year above written. n / NOTARY By: g PUBLIC e A N ubhc OFG``w li -i.-' ,,1'n_ r3rl�ltrrnhra 31, 700 ,1 CERTIFICATION 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 t 3 rd g9 day of May 19 . Ar>, B / o°Pvoq�:^ C SEAL y: eph .Carabillo,Assistant Secretary � 1919 (y F(A W AP 21 UCB-102-POAI (06/98) RCA tOUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14007 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 EXPLANATIONFOR,MISSING:ATTACHMENTS REVIEWED RETURNED FO RDED Administrative Staff ( ) ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RET.URWOF ITEM (Below • . For Only) RCA Author: Bruce Crosby i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 2, 1996 New Urban West-HB Hamptons Partners, L.P. 520 Broadway, Suite 100 Santa Monica, CA 90401 Gentlemen: The City Councilof Huntington Beach, at its regular meeting held Monday, March 4, 1996, approved the Subdivision Agreement for Final Tract No. 14007. We are enclosing herewith a duly executed copy for your files. ' erely,' Connie Brockway, CIVIC City Clerk CB/cc Enclosure g:\followup\sdivagrmt (Telephone:714-536.5227) Council/Agency Meeting Held: Deferred/Continued to: ��y� �lei AApproved ❑ Conditionally Approved ❑ Denied City Clerk's ignatu e Council Meeting Date: March 4, 1996 Department ID Number: CD 96-10 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON, Community Development Director � _4. SUBJECT: FINAL TRACT MAP NO. 14007, WITH BONDS AND AGREEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The final map of Tract 14007 (The Hamptons), located north of Garfield Avenue and east of Edwards Street is being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: "Approve Final Tract Map No. 14007 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. 14007 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14007 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. B95-013154 l b. Labor and Material Bond No. B95-013154 c. Monument Bond No. B95-013155 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 Actiori(s): The City Council may make the following motion: A. "Deny Final Tract Map No. 14007 and not accept the offer of dedication, improvements, and bonds." AUEST FOR COUNCIL ACTI1 MEETING DATE: March 4, 1996 DEPARTMENT ID NUMBER: CD 96-10 Analysis: A. PROJECT PROPOSAL- SUB DIVIDER: New Urban West-HB Hamptons Partners, L.P. 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Hunsaker and Associates Three Hughes Irvine, CA 92718 LOCATION: Northeast corner of Garfield Avenue and Edwards Street ACREAGE: 5.999 Acres NO. OF LOTS: 13 numbered lots (5 lettered lots) NO. OF UNITS: 13'units ZONE: Ellis-Goldenwest Specific Plan GENERAL PLAN: Estate Residential DISCUSSION: On July 23, 1991, the Planning Commission approved Tentative Tract Map No. 14007 for construction of a 13 unit detached single family residential project. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credit of 0.22 acres within the Bolsa Chica Linear Park. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map No. 14007 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On July 23, 1991, the Planning Commission approved Negative.Declaration No. 90-44 for the project itself. CD96-10.DOC -2- 02/08/96 7:25 PM &UEST FOR COUNCIL ACTI1 MEETING DATE: March 4, 1996 DEPARTMENT ID NUMBER: CD 96-10 Attachment(s): City Clerk's Page Number Area Map 2. Tentative Tract Map No. 14007 3. Tentative Tract Ma No. 14007 Findings and Conditions of P 9 Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond and Labor and Material Bond CD96-10.DOC -3- 02/08/96 7:25 PM SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND NEW URBAN WEST-HB HAMPTONS PARTNERS, L.P. FOR TRACT NO. 14007 TABLE OF CONTENTS Section Page 1 ;General Street Construction..................................................................................2 2 Arterial Highway Improvement......................................................... 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 4 3/kftr1 4007/1 2/1 2/95 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND NEW URBAN WEST-HB HAMPTONS PARTNERS, L.P. FOR TRACT NO. 14007 THIS AGREEMENT is entered into this 5th I day of March , 1995, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NEW URBAN WEST-HB HAMPTONS PARTNERS, L.P., a 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. 14007; 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*Ar1 4007/1 2/1 2195 • 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 3/Mr1 4007/1 2/1 2195 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 One Hundred Fifty Eight Thousand Dollars ($158,000) 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. 3/kRr1 4007/1 2/1 2/95 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 liabilityfor 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 notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer 4 3WH 4007/12/12/95 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 3/k/tr14007/12/12/95 9. ATTORNEYS 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 caused this Agreement to be executed.,by and through their authorized offices the day, month and year first above written. NEW URBAN WEST-HB HAMPTONS CITY OF HUNTINGTON BEACH, A PARTNERS, L.P. municipal corporation of the State of California By: NUWI-HB Hamptons L.P., its general partner; �r By: Ne velopment, Mayor eneral partner =- AJ�TEST: _ 1 By: �,,lry'���' G5 4 CtRDos0 City Clerk print name N V«-$ - rL s/ r"r APPROVED AS TO FORM: Title REVIEWED AND APPROVED: /2 ,ALCity Attorney WMATID AND APPROVED: City Administrator -� City Engineer 6 3/k/0 4007/12112195 ....................... .......... ........ ....----------.. .................. ..................... .......... ....................... ATTAR ... r r ENT 1 �� =............. ............ _................ , ZONING INDEX MAP 9-5-11 DM 9 D II LEGEND 16- -II 15-5-II 14-5 11 -� 19-6-10•SECTION-TOWNSHIP-RANGE DM 22-DISTRICT MAP 22 DM 18 D 17 DM 15 L_ Il �4'-5-I S-5-11 0-5-11 21- -II 22-5-II 2 -5-II 24- 1 DM 28\ DM 21 DM D 24 D 25 26 DM 27 tl e 1 30-5-11 r 29-5-11 2 '�,;J,I 27- -II 2 -5-11 25- -II AM 35 DM 34 DM 33 CM31 D7 1 r4!•r '&32-5\`II 33-5-11 % 3_ -II 35-5-11 36- -11 DM 36 DM 37 38 39'- ° DM 40 it— -r --- 5-6- �6� 11 41 -- 6 3- -II 2-16-II 1-6-II 6-6-10 5 -10 DM4 DM 2 p�D I DM6 DM i i s Project Site 9-6-II 10-6-II II- -11 12-6-II 7-6-10 8-6-IO DM10 DM DM12 .I OM13 DM 'OM8 • 14-6-11, -I 6••`Y•13- -II I - 7- -1 © ----- ..0 8 6 0 1 6 0 CITY OFDW14 DM20 DM19 HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA24-6-I 19-KIO, e W N •� rat ��.—, DM 29 D w22/ •ee W r.•en r�.!•rc corraror asau*ar crcr courca-war.rU \ es HNI................................. .................. TT 2 .................................... _ >F OP GL LIS AVE. TCNY'Arl— MAP OF rmA Cyr I I I ,y�1410!J 14 5 �,•, l _ 4 '�I ---7—^ ��-- ^r. I 11,nu.4 7 Y OERB�LOT CIRCLE 1 (sy"y 1'" — ••s, NL O' 1 a• 0 s,• 1 t tnrti � 4 ,um,/a�n r� n .71 �. ..�..,..... .. .M��..�....,..�..�.. ..�...........�... _ ' I I ;I i Ir..I,r.'--I ���� �:>f `rs I•�� A� YAYN/� _11 �l •. • • �••• /� rypC.t JicYVON 7✓MAL!l_I/OY !YI/.A�C_/QV LEG&DE&xlyTI M pip -,��•ntQ1T1�� TF]JTATIYE TRACT N0.14007 •/"/'� ""x" ....N. — --SUBDIVIDER / APPLICANT, rzLu.oe PACIFIC COAST HOMES b l �vrsmri• .,........�.�'..�''1.''..... rtl iw- 2120 MAIN 87 /2E0 A.o e.v ..�•. w9ttIWTa KAM CA 9ZOW2499 1714)960-4361 �...e...,�.�..,........,...,.. "gin.�. :. .........................................ATTACHME�T' ...��r� • • I� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 25 , 1991 Pacific Coast Homes 2120 Main Street , No . 260 Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35/TENTATIVE TRACT MAP NOS . 14007 AND 14009/MITIGATED NEGATIVE DECLARATION NOS. 90-44 , 90-45 and 90-46 REQUEST: Master plan of development to subdivide two (2) non-contiguous parcels of land totalling 51 gross acres into a 141 lot subdivision for single family estate residential development with equestrian amenities . LOCATION : Area bounded by Ellis Avenue to the north, Garfield Avenue to the south, Edwards Street to the west and Goldenwest Street to the east . DATE OF APPROVAL : July 23 , 1991 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-47 : 1 . The proposed master plan of development for a 141 lot subdivision with a potential school site designation will be compatible with adjacent properties because it will be developed consistent with the Ellis-Goldenwest Specific Plan standards . 2 . The proposed master plan of development for a 141 lot subdivision with a potential school site designation will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood because all mitigation measures identified in the applicable environmental documents will be implemented . 3 . The location, site layout, and design as modified for the proposed master plan of development for a 141 lot subdivision with a potential school site designation properly adapts the proposed structures to streets, driveways , and other adjacent structures and uses in a harmonious manner . 4 . The combination and relationship of the equestrian lots within the subdivisions are properly integrated . 5 . The access to and parking for the proposed 141 lot subdivision with a potential school site designation does not create an undue traffic problem. All street improvements identified in the Development Agreement and negative declarations will facilitate traffic circulation . 6 . The proposed master plan of development encompasses tracts 14007 and 14009 and as modified will provide a compatible estate residential development pursuant to the development standards of the Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1 . The following special permits promote a better living environment by adapting the Ellis-Goldenwest Specific Plan requirements to better suit the proposed 141 lot subdivision, which are compatible with the surrounding areas : a . Reduced front setback from 40 feet to 38 feet for lots 110 , 112 , 124 , 126 and 128 , from 30 feet to 27 feet for lots 11-13 , 27, 29-30 , 41 , 44 , 51-52 , 57 , 60-61 , 67 , 71 , 86 and from 30 feet to 28 feet for lot 50 of Tract 14009 . b. Reduced rear yard requirement of 25 feet to 22 feet 6 inches for lots 73 , 74 , 83 and 84 for Tract 14009 . 2 . The requested special permits provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. The reduction of the front and rear yard setbacks within the the ( 10) percent deviation will provide a staggered effect for building siting and, therefore, improve the streetscape scene. 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 . *Mitigation Measure -2- 4 . The requested special permits are consistent with the objectives of the Estate Residential Development/Ellis-Goldenwest Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment . FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35 : 1 . There are exceptional or extraordinary circumstances or conditions applicable to -the land , buildings or premises involved that do not . apply generally to other property or uses in the district . These circumstances are the natural topography and building site restrictions of tract 14007, the lowering of street elevations, property width restrictions , dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan . 2 . The granting of Conditional Exception (Variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten (10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements)- n the neighborhood . The natural topography and building site restrictions of tract 14007, the lowering of street elevations , property width restrictions, dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. 3 . Conditional Exception (variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten ( 10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) is consistent with the goals and objectives of the City' s General Plan and Land Use Map designation of Estate Residential . The natural topography and building site restrictions of tract 14007, the lowering of street elevations , property width restrictions , dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. *Mitigation Measure -3- 4 . The granting of the Conditional Exception (Variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten (10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) will not adversely affect the General Plan of the City of Huntington Beach . The natural topography and building site restrictions of tract 14007 , the lowering of street elevations , property width resitrictions and dedication requirements , the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14007 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision for 13 lots are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per gross acre) and the Ellis-Goldenwest Specific Plan zoning designations were implemented . 3 . The General Plan has set forth provisions for the proposed 13 lot subdivision as well as setting forth objectives for the implementation of this type of use . 4 . The site is physically suitable for the proposed density of 2 . 16 units per gross acre . 5 . Tentative Tract No . 14007 for a 13 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan and Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14009 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision for 128 lots and potential school site 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 . *Mitigation- Measure -4- • • 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per gross acre). and the Ellis-Goldenwest Specific Plan zoning designations were implemented . 3 . The General Plan has set forth provisions for the proposed 128 lot subdivision and potential school site as well as setting forth objectives for the implementation of this type of use. 4 . The site is physically suitable for the proposed density of 2 . 84 units per gross acre. 5 . Tentative Tract No . 14009 for a 128 lot subdivision and potential school site as amended by staff is consistent with the goals and policies of the Huntington Beach General Plan and the Ellis-Goldenwest Specific Plan . , The conditions shall include by reference all applicable mitigation measures from Environmental Impact Report Nos. 88-2 and 89-1 and Negative Declaration Nos . 90-44 , 90-45 and 90-46 and all applicable items from Development Agreement No. 90-1. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-47(A)/ CONDITIONAL EXCEPTION (VARIANCE): NO. 90-35/TENTATIVE TRACT MAP NO. 14007/ENVIRONMENTAL ASSESSMENT NO. 90-44 : 1 . The tentative tract map received and dated April 8 1991 shall be the conceptually approved layout with the following modification: a . Lettered lot A shall indicate. the proper private street boundary. 2 . The site plan, floor plans, and elevations received and dated April 8 , 1991 shall be the conceptually approved layout with the following modification: a . The minimum front setback for the building envelope of lot 6 shall be a minimum 22 feet . 3 . The project shall comply with all applicable provisions of the Ellis Goldenwest Specific Plan, EIR 88-2 , EIR 89-1, City . Ordinance Code, Building Division and Fire Department , and in accordance with the provisions of Development Agreement 90-1 . * *Mitigation Measure -5- 4 . Fire Department requirements are as follows : a . The project shall meet all applicable local , State and Federal Fire Codes , Ordinances , and standards . * b. Automatic sprinkler systems shall be installed in all structures of 5 , 000 square feet or greater in compliance with Huntington Beach Fire Department and Uniform Building Code Standards . Shop drawings will be submitted to and approved by the Fire Department prior to installations . Provide NFPA 13D throughout project with two (2) inch compound water meter and two (2) inch water services for sprinklered structures . c . Address numbers shall be installed to comply with City Specification No . 428 . Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. d . Names of streets must be approved by the Huntington Beach Fire Department prior to use per City Specification No . 409 . e . A Fire Protection Plan containing requirements of Fire Department Specification No . 426 shall be submitted to the Fire Department for approval . f . The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No . 422 and 431 for the abandonment of oil wells and site restoration . * g . The project shall comply with all provisions of Huntington Beach Municipal Code Title 17 . 04 . 085 and City Specification No . 429 for new construction within the methane gas overlay districts . * h. Two (2) fire hydrants are required . Shop drawings showing. the design and proposed locations of hydrants shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. Fire hydrants may be installed in phases subject to Fire Department approval . i . The developer shall conform to the provisions of Holly-Seacliff Development Agreement No . 90-1 with regards to the following sections : Section 2 . 2 . 4 Traffic Circulation Improvements paragraph (c) , (g) ; Section 2 . 2 . 6 Fire and Emergency Medical Aid paragraph (a) , (b) and Section 2 . 4 . 3 Uniform Codes . *Mitigation Measure -6- 5 . Public Works requirements are as follows : a . Access for public maintenance of Goldenwest Street culvert shall be required . b. No construction shall be permitted within the flood zone areas of Lots 1 through 7 . * c. Building permits for Lots 5 and 6 shall not be issued until the storm drain between said lots is constructed and in operation (need owners agreement in writing) . d . Provide drainage system to protect slopes along north boundary line . e. The developer shall provide for the funding -or the construction of Goldenwest Street within the tract boundary as a modified primary arterial highway. The design, schedule, and reimbursement to developer for construction of Goldenwest Street shall be in accordance with the provisions of Development Agreement 90-1 . * f . All vehicular access rights to Saddleback Lane and Goldenwest Street shall be released and relinquished to the City except at locations approved by the Planning Commission. g . The developer shall construct street and traffic signal improvements required per Public Works ' requirements indicated in the Table J in EIR No . 88-2 as may be determined by the City. If reimbursement is required, agreements shall be entered into by the developer and the City in accordance with the provisions of Development Agreement 90-1 . * h. The developer shall fund or construct adequate sewerage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * i . The developer shall pay connection fees to either Orange County Sanitation District No . 3 or Orange County Sanitation District No . 11 , whichever is appropriate at the time of connection to County Trunk lines . * - j . The developer shall fund or construct necessary drainage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * i *Mitigation Measure -7- k. Low volume fixture heads shall be incorporated into the design of the water system of each unit . 1 . On-site sewers shall be private, except in public streets . m. All public improvements and design criteria shall be to City standards and in accordance with the requirements of the Specific Plan, City design guidelines, and other City design criteria . n . All new utility lines, including but not limited to, electric (except 66KV) , telephone, street lighting and cable television, shall be place underground within all areas in accordance with Development Agreement No . 90-1 . The developer shall be responsible for complying with this requirement and shall make the necessary arrangements with the utility companies for the installation of such facilities . * o . The developer shall pay Water Systems Capital Facil"ities Fees in accordance with Development Agreement No . 90-1 . * p . The proposed drainage culvert crossing Goldenwest Street south of Ellis Avenue shall be constructed prior to final building inspection of the first building . 6 . The project design shall comply with standards set forth in Title 24 to minimize total consumption of energy. * 7 . Energy efficient lighting shall be used throughout the project . * 8 . Pool heating units may include those which are solar powered . * 9 . Tracts and individual homes shall be designed (through siting and orientation of streets , lots, and buildings) to maximize passive -solar heating and cooling opportunities to the extent feasible . * 10 . All outdoor lighting shall be consistent with the standards established by the Specific Plan to minimize off-site light intrusion . * 11 . All outdoor lighting shall be hooded and directed downward to minimize direct light and glare impacts on public rights-of-way and surrounding properties . * *Mitigation Measure -8- 12 . Street lighting shall consist of energy efficient lighting and shall be consistent with the City street lighting standards . * 13 . Fire access lanes must be provided and kept unobstructed to prevent adverse impacts on fire protection from ongoing oil production hazards . * 14 . The project developer shall provide easy access into and within the project site for emergency vehicles . All internal roadways shall comply with the City of Huntington Beach Fire Department ' s requirements to provide adequate access for emergency vehicles . * 15 . The project shall be designed such that all areas of the project shall be well-lit, including alcoves , walkways , doorsteps , and parking facilities . * 16 . Addresses shall be well marked to facilitate response by officers . 17 . The developer shall implement water conservation measures applied City-wide as recommended by the Water Division of the City' s Public works Department . * 18 . To reduce the projects impacts on waste disposal facilities , the project design shall develop a means for reducing the amount of waste generated both during construction and when the project is in use . The waste reduction program shall be approved by the Planning Director prior to issuance of building permits . Potential ways of reducing project waste loads include implementation of recycling programs , and use of low maintenance landscaping (i . e. , native vegetation instead of turf) . * 19 . The developer shall contact an approved disposal company during the design stage to ensure the most efficient and economical means for rubbish removal . The design shall include rubbish enclosures, projected travel areas, and turnabouts where necessary. * 20 . The developer shall consult with the Southern California Gas Company during the building design phase for further energy conservation measures . * *Mitigation Measure -9- 21 . The developer shall consult with Southern California Edison during the building of design phase for further energy conservation measures . * 22 . The developer shall submit to General Telephone building plans which will enable GTE to assess the improvements necessary to provide service to the project site. * 23 . The Huntington Beach Union High School District shall coordinate its expansion plans with phasing of development within the project area and surrounding areas . * 24 . Developers shall submit to Southern California Gas and Southern California Edison planning divisions all tract maps and improvement plans for the project so that proper planning , phasing and sizing of needed mains and service lines can be designed . * 25 . Building construction shall comply with the standards and specifications of Paragon Cable TV Company. * 26 . Development of the proposed project shall occur concurrently with development of the City' s water system improvements to allow for adequate water service to the site subject to Development Agreement 90-1 . * 27 . All proposed development shall comply with the phasing and design of water facilities as shown on the water facilities map in accordance with Development Agreement 90-1 so as to provide adequate looped systems to service the adjoining properties . * 28 . The applicant shall - consult the Police Department during preliminary stages of the project design to review the safety features , determine their adequacy, and suggest improvements . * 29 . The developer shall provide constructive notice to all buyers as to the equestrian nature of the Community and shall specify which lots can accommodate equestrian boarding . 30 . Equestrian trails within the proposed tract shall be clearly identified on the map. The location of the trails shall be in conformance with the Specific Plan . *Mitigation Measure -10- 31 . Applicant shall prepare a written mitigation monitoring program consistent with the provisions of Public Resources Code Section 21081 . 6 . This program shall be prepared to the specifications of the Community Development Director or designee, and shall include at a minimum the following items : a . A comprehensive ..phasing program, listing in chronological order the estimated dates for initiation and completion of all adopted mitigation measures, public improvements , grading , and construction approved in connection with the project . b. The applicant shall provide a schedule of quarterly reports and meetings to review the status of all mitigation measures , project improvements , and terms of development agreement . The schedules shall identify the parties assigned to complete these reports , their addresses and phone numbers . This information will be used to verify the status of all required mitigation actions . c . A listing of the City officials and any other individuals assigned to monitor any specific portions of the mitigation program requiring specialized expertise . This list shall be approved by the Community Development Director or designee with respect to the technical expertise and qualifications of said monitors . Monitors shall have full access to the subject property at any time during normal construction, business or operating hours . d . A checklist identifying all mitigation measures and the date of their completion, signed by the appointed monitors ( as designated per No . c above) to demonstrate compliance with all applicable mitigation measures . The appointed monitor may use the sample checklist provided in Attachment A or formulate a similar checklist . A checklist shall not be considered final until reviewed and approved by the Community Development Director or designee . No occupancy permits shall be granted until such determination has been made and filed in the office of the Community Development Department . e . Applicant shall prepare a "mitigation agreement" to the specifications of the City Attorney, which shall be binding upon the applicant with respect to the- .implementation of all mitigation measures specified therein. *Mitigation Measure -11- 0 • 32 . The applicant shall submit a revised tentative tract map and site plan as modifed pursuant to Condition Nos . 1 and 2 for inclusion in the subject files prior to final tract map submittal . 33 . The subdivision shall be in substantial conformance with the draft Ellis-Goldenwest Specific Plan Design Guidelines and/or as they may be modified as mutually agreed upon between the City and applicant . 34 . This conditional use permit and conditional exception -(variance) shall become null and void unless exercised within two (2) year of the date of final approval , or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the .-Planning Department a minimum 30 days prior to the expiration date . 35 . The Planning Commission reserves the right to modify the terms of this conditional use permit and conditional exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs . FINAL TRACT MAP The following shall be completed prior to City Council approval of the final tract map : 1. The developer shall pay park acquisition and development fees of . $3 , 120 per dwelling unit , less any available credits for dedication of land and/or payment of park fees in accordance with Development Agreement No . 90-1 . * 2 . At least 60 days prior to recordation of the final tract map, CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&Rs shall provide for : a . Common driveway access easements , if any. b.. Irrevocable reciprocal access and parking easements on all public and private street within the tract and adjacent properties and tracts . c . Maintenance of all walls, common areas , and .private streets by a property owners ' association... Upon approval by the -City, the CC&Rs shall be recorded in the office of the County Recorder and a copy filed with the Department of Community Development . 3 . The proposed height of street lights on-site shall be approved by_.. the Planning Director and Public Works Director . *Mitigation Measure -12- 4 . All exterior lighting shall be approved by the City of Huntington Beach Planning Department and City Engineer . 5 . Applicant shall submit an affordable housing plan which provides for 20% of the total units approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tracts . The affordable units shall be under construction or available to the public prior to final inspection for the homes in master Conditional Use Permit No . 90-47 . The plan may include : a . Build affordable units at an alternative location which is under control of the applicant . b. Rehabilitate existing units and ensure long term affordability. c. Preserve existing affordable units for the long term (30 years) . d . Other options which generate new opportunities for affordable housing . PLAN CHECK The following shall be completed prior to submittal of working drawings for plan check and application for building permits : 1 . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . 2 . Depict all utility apparatus , such as but not limited to backflow devices and Edison transformers , on a site plan to the extent available . Any such apparatus located in the front and exterior yard setbacks shall be screened by landscaping or other method as approved by the Community Development Director . 3 . 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. 4 . 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 . *Mitigation Measure -13- 5 . 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. 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) . 6 . Elevations shall depict conceptual colors and building materials proposed . 7 . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. GRADING PERMIT The following shall be completed prior to the issuance of a grading permit : 1. . Hydrology and hydraulic studies shall be submitted for Public Works approval . * a . The tentative tract map and site plans shall be consistent with the Specific Plan in preserving area-wide natural drainage patterns , preserving and enhancing the goals , objectives and policies of the General Plan Open Space Element associated with the natural swales . * b. The tentative tract map, site plans and hydrology studies shall comply with the Specific Plan standards . These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. * c. Precise hydrologic -and drainage design studies shall provide mitigation programs to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts . All devices , drains, etc. proposed shall be designed in accordance with City of Huntington Beach and County of Orange standards . The drainage plan shall include an analysis of runoff impacts to surrounding properties , increases in the quantities of water, increases in water volume flow speed, impacts to down stream receptors, location of grease traps , siltation control , on and off-site erosion, and any other information required by the City Engineer . * *Mitigation Measure -14- • 0 2 . 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 . * a . Erosion control plans shall include measures such as the following : * - Diversion of off-site runoff away from the construction site; . - Prompt revegetation of proposed landscaped areas; - Perimeter sandbagging or temporary basins to trap sediment ; and - Regular sprinkling of exposed soils during construction phases . b. Internal collector streets shall be designed to be aligned around topographical features and avoid crossing the natural swales where possible . * c . Structural design shall fit the natural land forms to the greatest extent possible by implementing_ the use of retaining walls , split level and platform structures where appropriate . * d . Grading shall be accomplished in such a manner so as to avoid all Specific Plan designated drainage swales and sharp angles while enhancing the natural terrain. Cut and fill procedures shall be set forth in accordance with the requirements of the Specific Plan except as shown on approved plans . * e . Only limited grading activities or development shall be allowed within areas encompassing Specific Plan designated natural swales on site (refer to Attachment #2; Exhibit 8 of the Ellis-Goldenwest Specific Plan) , except as shown on approved plans . Grading should be limited to changes required to install access roads, utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas . * f . If any diversion, obstruction of the natural flow, or changes in the bed, channel or bank of any river or stream is proposed by the development, the Department of Fish and Game shall be notified (as required in Sections 1601 through 1603 of the Department of Fish and Game Code) . This notification (with associated fee) shall be made after the approval of tentative tract maps and prior to issuance of grading permits . * *Mitigation Measure -15- Soils 3 . 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 . * a . Alluvium residual soils and fill soils shall be removed in the areas that will receive fill or other surface improvements down to native and/or competent materials and recompacted. Studies shall be done to determine native elevations and evaluate the extent of compressibility of the soils for structural design purposes . These studies shall be reviewed and approved by all appropriate departments at the City of Huntington Beach. * b. Grading plans s-hall demonstrate that three or more feet of expansive clays shall be removed beneath structural loads and replaced with low expansive soils . Special foundations shall be designated to tolerate the nature of the expansive soils . Additional studies shall be done to delineate the actual locations and expansion potential of the soils as well as for structural design purposes . * c . Should Quaternary non-marine terrace deposits be identified, additional subsurface investigations shall be performed prior to the issuance of grading permits to analyze the slope stability of the Quaternary non- marine terrace deposits , to provide design criteria for earth work construction, and to assess the rippability of on site soils . * d-. The developer shall submit to the City..detailed engineering reports on the soil and seismicity characteristics of the project site . The City shall review and approve these studies to ensure that the structural designs are maintained . * e. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake . * f . All grading plans shall incorporate subdrains that shall be placed beneath the fill soils or an equal means of protection as determined by the City Engineer . Additional studies shall be done to evaluate ground water depth and moisture zones . * *Mitigation Measure -16- g . Grading plans shall demonstrate that alluvial soils shall be removed in the areas that will receive frill or foundation loading down to competent materials and recompacted. Additional studies shall be done to evaluate the extent of liquefaction of the soils for structural design purposes . * 4 . A site reconnaissance should be performed including a phased Environmental Site Assessment to evaluate areas where a contamination of the surficial soils may have taken place . The environmental assessment should evaluate existing available . information pertinent to the site and also undertake a limited investigation of possible on-site contamination . Phase I should include : * a . Review of available documents pertinent to the subject site to evaluate current and previous uses . b. Site reconnaissance to evaluate areas where contamination of surficial soils may have taken place . c . Excavation and testing of oil samples to determine presence of near surface contamination of soil . d . Subsurface exploration to determine presence of sumps on-site . Testing of possible drilling fluids for heavy metals . e . Completion of soil gas vapor detection excavations located adjacent to the existing on-site wells . i f . Testing of air samples for gas vapor, methane gas and sulfur compounds . g . If warranted upon completion of the Environmental Assessment, a Remedial Action Plan can be developed. This plan shall address the following items : 1 . Treatment of possible crude oil contaminated soils . A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills (subgrade) . 2 . Treatment of possible drilling sumps by either on-site disposal of non-contaminated drilling fluids or off-site disposal of contaminated fluids . 3 . Treatment of the possibility of the accumulation of methane gas . *Mitigation Measure -17- • • h. If hazardous concentrations of methane are encountered, further studies shall include the following tasks : 1 . Drilling of test wells to monitor for subsurface methane deposits and confirm or deny . the presence of biogenic methane bearing strata near the surface in the development area ; 2 . Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps ; 3 . Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples ; 4 .` Vapor survey areas adjacent to known abandoned oil wells ; 5 . Laboratory analysis of selected soil samples for metals and soil vapor samples for gases . 5 . Unless otherwise determined by a City approved archaeology report , ali ground disturbing activity within the project site shall be monitored by a qualified archaeologist . If in situ archaeological deposits are encountered, the archaeologist shall be empowered to halt or redirect the ground disturbing activity until proper recovery action can be accomplished . * BUILDING PERMITS The following shall be completed prior to the issuance of building permits : 1 . A 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 . 2 . All applicable Public works fees shall be paid . 3 . The developer shall pay traffic impact fees of $150 . 00 per trip per day generated by the project, less any available credits , in accordance with Development Agreement No . 90-1 . * 4 . The developer shall contribute' to the new fire station/paramedic manning facility and opticom systems in accordance with Development Agreement No . 90-1 . * 5 . The applicant shall pay school fees per State law to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. * *Mitigation Measure -18- • • 6 . Developer shall submit water improvement plans for both domestic (potable) and reclaimed (Green Acres) systems . All residential lots shall have separate services for both water systems . * 7 . The water system shall be located within vehicular travelways and dedicated to the City. The Developer/Homeowner ' s Association shall be held responsible for repairing any enhanced pavement, if the water mains , etc. , require repair or maintenance . 8 . Developer shall adopt further mitigation efforts applied City-wide as approved by the Water Division to reduce peak hour demands . * 9 . Developer shall submit water system hydraulic calculations to ensure system adequacy and line sizing . No ten inch ( 10" ) lines will be allowed . Use twelve inch (12" ) water main if calculations show ten inch (10" ) line capacities . * 10 . The water system shall have two sources , i . e . , looped. No dead ends except in approved cul de sacs . The water system shall be installed per the Public Works Department ' s standards , ordinances and policies . 11 . No combustible construction shall occur until an approved water system is installed . 12 . Building permits shall not be approved for development for the subject property unless the City Engineer has determined that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 13 . Prior to approval of building permits for production homes (excludes models) the developers shall construct necessary drainage and detention facilities to reduce the peak run off from the site to the approval of the City Engineer . * 14 . Prior to issuance of building permits , the applicant shall demonstrate in a manner satisfactory to the City, that service vehicle access to all remaining operating oil wells off-site shall not occur through existing or proposed residential tract . * 15 . Fronts of residences shall not face off-site oil wells and tanks ; on-site oil wells shall be screened pursuant to the , Huntington Beach Municipal Code. * *Mitigation Measure -19- 0 16 . All potential buyers and renters of on-site residences shall be notified of the effects resulting from on-site and off-site oil production activities . The notification shall state the frequency and locations of maintenance and service operations. The notification shall indicate that noise levels from oil activities may also significantly increase during these times . * 17 . Prior to the issuance of building permits , the applicant shall submit an acoustical analysis of the proposed development , prepared under the supervision of an acoustical engineer . Potential noise sources to be analyzed shall include traffic- generated noise, helicopter overflight and noise resulting from operation of on-site oil wells . The analysis shall include a discussion of the potential need for noise attenuation measures and/or noise barriers around oil wells . This analysis shall be submitted to and approved by the Planning Department . * 18 . If noise barriers are to be required, an acoustical engineer shall review the barrier plans to assure acceptable - noise reductions and compliance with the City' s Noise Ordinance . * 19 . when final site plans and construction drawings have been prepared, an acoustical analysis of residential development within the traffic-generated 60 CNEL contour and within the area impacted by helicopter overflight shall be prepared to insure that the noise criteria have been met . Construction plans shall be reviewed- and approved by an acoustical engineer to certify acceptability prior to the issuance of building permits . * 20 . Full disclosure to all potential homeowners within the tract shall be provided regarding the potential for noise generated by oil wells and helicopter overflights within the area ( a-s identified by required acoustical analysis) . * 21 . No new residential units shall be permitted within 25 feet of a gasoline engine- powered pump unless a noise study prepared by an acoustical engineer demonstrates that barriers and/or other noise attenuation measures (such as conversion of gasoline-powered motors to electric) can ensure noise levels . are consistent with the City' s Noise Ordinance Standards . * 22 . Prior to approval of building permits , complete building plans shall be submitted to and approved by the Fire Department . * 23 . If during the Fire Department ' s plan check it becomes evident that. fireground operations will become impeded, the department will impose mitigation measure such as automatic sprinkler systems , alarm systems, access roads , etc. * *Mitigation Measure -20- 24 . The following water conservation measures shall be implemented as required by state law: * a . Low-flush toilets . b. Low-flow showers and faucets . c . Insulation of hot water lines in water recirculating systems . d . Compliance with water conservation provisions of the appropriate plumbing code . 25 . Interior water conservation measures shall be utilized . Low-flow plumbing fixtures and water pressure regulators to limit down-stream pressure to a maximum of 60 psi shall be installed . * LANDSCAPE PLANS, IMPROVEMENTS AND MAINTENANCE 1 . Prior to issuance of building permits , 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 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 . The landscape plans shall be in conformance with the Ellis/Goldenwest Specific Plan. 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. * 2 . Developer shall incorporate "drought tolerant" plants and turf .for all common area landscaping . * 3 . Landscaping shall be designed so as to minimize visual impacts on adjacent parcels . Special consideration shall be given to orientation of the project' s residences (i . e . , windows and decking) so as to respect the privacy of adjacent and nearby homes . * 4 . Landscape plantings and signs shall be, limited in height in the vicinity of project driveways to assure good visibility. * 5 . Use mulch extensively in all landscaped areas . Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. * *Mitigation Measure -21- 6 . Use pervious paving material whenever feasible to reduce surface water runoff and aid in ground water recharge. * 7 . Control slopes and grades to discourage water waste through runoff . * 8 . Minimize use of lawns and utilize warm season, drought tolerant grasses . * 9 . The developer shall provide information to occupants regarding benefits of low water use landscaping and sources of additional assistance in selecting irrigation and landscaping . * 10 . A fence in accord with the design guidelines shall be erected on either side of all or.-site horse trails to separate this use from other on-site uses . * 11 . The landscape irrigation systems for all arterial landscaped setbacks and medians shall include a separate water line for the use of reclaimed water subject to Water Department approval . * 12 . Irrigation systems shall be designed to minimize water waste to the greatest extent possible. Such measures should involve such features as the following : * a . Raised planters and berming in conjunction with closely spaced low volume, low angle (22-1/2 degree) sprinkler heads . b. Drip irrigation . c . Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses . d . The use of reclaimed water for irrigated areas and equestrian trails . The project developers shall connect to the Orange County Waste District ' s "Green Acres" system of reclaimed water should this supply of water be available . Separate irrigation services shall be installed to ease this transition. 13 . All required landscaping and irrigation systems for each phase of construction shall be installed and completed prior to final building inspection of. the first production unit of that phase to adequately screen on-site light and glare impacts . * 14 . All perimeter and common area landscaping shall be owned and permanently maintained by a property owners association, maintenance district , or other mechanism approved by the City. *Mitigation Measure -22- DURING CONSTRUCTION 1 . Construction shall be limited to Monday - Saturday, 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . * 2 . 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 . 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 . 3 . Water shall be applied to the site twice daily in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions). to mitigate the impact of construction-generated dust particulates . * 4 . The applicant shall comply with all rules and regulations of the SCAQMD. * 5. Major grading shall occur when soil moisture is optimum to control dust . * 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 or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 8 . Roads and hydrants shall be in-service prior to combustibles on-site. *Mitigation Measure -23- �� A............................. T T AC �IE NT 4 r ATTAC � � � E�i'� 5; --------------- �:, . ATTAC�C1��tENT ................... RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: Final Tract Map No. 14007 COUNCIL MEETING DATE: March 4, 1996 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 Attorne ) 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 I Not Applicable EXPLANATION FOR MESSING ATTACHMENTS REVIEWED RETURNED FOR DED . .... ... .. ... ..... .... _ ... .... .... .... Administrative Staff Assistant City Administrator Initial G1 City Administrator (Initial) City Clerk .. ........ ......... ......... .. ....... ........ ........_ ........._ ......... ...._.. . ..... ........ .. . ..... . .................. .. ........ ......... ...... ....... ... ........ _ . .... .. . ........ ......... ......... ........ . . ........ . .. ......... EXPLANATION FOR RETURN OF ITEM. .s . . . Only) 0 0 and Monument Bond I have received the Faithful Performance Bond and the Labor and Materials bond for T r a c t 1 4 0 0 7 - The Hamnton'c - NPw Urban WPct - HB Hamptons Partners, LP - N/Garfield E/Edwards on behalf of the Treasurer's Office. Dated By: New Urban West-HB Hamptons Partners, L.P. 520 Broadway, Suite 100 Santa Monica, CA 90401 0 BOND NO. B95-013155 THIS BOND ISSUED IN DUPLICATE! PREMIUM $210.00 PREMIUM SUBJECT TO RENEWAL AFTER INITIAL TERM. MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT HB HAMPTONS PARTNERS L.P. as Subdivider of Tract No. 14007 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 surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said HB HAMPTONS PARTNERS L.P. (Subdivider) as principal,and ULICO CASUALTY 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 $ 1o,500.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 Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 21 s t day of DECEMBER .19 95 HB HAMPTONS PARTNERS L.P. as Principal By: NIA,Ir_HR HAMPTr1Nt i P , ITS IFNERIIL PJIFTNER By: NEW HB V NT, INC. ITS-GENERAL PARTNERTCr1 CIT i TOR ;y D uty city ettorzEy ULICO C COMPANY as Surety r ORNEY-IN-FACT By YUNG T. MULLICK 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 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On 12-21-95 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. WITNESS my hand and official seal. .. y;.. Cherie Mahtesian U Comm.41043916 I^1 �rNOT ARYPUBLIC CALIFORNIA;Z SAN SERNARMNO COUNTY() ''Fo ` Comm Expires Oct 30.19"j kip (SEAL) NOTARY PtJBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT bond DATE OF DOCUMENT 12-21-95 NUMBER OF PAGES one SIGNER(S) OTHER THAN NAMED ABOVE none ULICO CASUALTY COMPANY I I I Massachusetts Avenue,N.W. Washington, DC 20001 q; POWER OF ATTORNEY YUT 0335 Know All Men By These Presents: That U11co 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 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 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 Attomay(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 22nd day of May 1995. Ulico C sualty Company o. IA o 11044r District of Columbia ss: SEAS= BY., 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, I have hereunto set my hand,and affixed my official seal at Washington, DC the day and year above written. NAL �to.."o-NN By: Z7L A Notary Pu lic oks My commission xpires: ettr Brown Alsobr edumbis of c a ' CERTIFICATION bty commission Expires April 14,IM 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 21 st day of DECEMBER 199-5— '4oPvon��t SEALLZ o ft,w.p Josep . C abi/io, 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-POA1 (09/94) ate," 4S BOND ISSUED IN DUPLICATE! • BOND NO. B95-013154 PREMIUM SUBJECT TO RENEWAL AFTER INITIAL TERM. PREMIUM $3,160.00 PREMIUM SUBJECT TO RENEWAL AFTER INITIAL TERM. FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and HB'=HAMPTONS PARTNERS L.P. (hereinafter designated as"principal"j have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated_ 19 and identified as project TRACT #14007 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and ULICO CASUALTY COMPANY as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM Of ONE HUNDRED FIFTY-EIGHT THOUSAND AND 00/100 dollars($ 158,000.00****** ) lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless"City',its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. "S TO FORML 1 III, ii •iO:T I1t �8 ntf y t�,�� 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on nFCFMRF.R 21 .19 95 HB HAMPTONS PARTNERS L.P. as Principal ByNUWI-HB HAMPTONS L.P. ITS GENERAL PARTNER By NEW HB ELPMENT, INC. ITS GENERAL PARTNER By ALP ULI CASUALTY COMPANY as EY-IN-FACT YUNG T. MULLICK 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On 12-21-95 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. WITNESS my hand and official seal. 0Cherie Mahtesian Comm.#1Q43916 NOTARY PUBLIC CALIFORNI SAN BERNARDINO COUNTY ..,,°,•(SEAL) .t996�Comm Expire;Oct 30 NOTAR17 PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT bond DATE OF DOCUMENT 12-21-95 NUMBER OF PAGES rwn SIGNERS) OTHER THAN NAMED ABOVE NONE 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 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE j 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 3 • BOND NO. B95-012154 PREMIUM INCLUDED IN PERFORMANCE BOND. LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and HB HAMPTONS PARTNERS L.P. (hereinafter designated as"Principal*)have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project TRACT# 14007,is hereby referred to and made apart hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of SEVENTY-NINE THOUSAND AND NO CENTS-------- dollars($ 79,000.oo***********************),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by'City'in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 1.5(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect 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 D AS '10 FURM'. GA'" "iu`1'ivll C B 1 affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on pErEmm 21 st 1995, 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 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 r ULICO CASUALTY COMPANY III Massachusetts Avenue,N.W. Washington, DC 20001 POWER OF ATTORNEY YUT 0333 Know All Men By These Presents: That Ulfco 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 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 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. - U11co C sualty Company rOPP Oq,,. District of Columbia ss: SEAL Z By., RZ'trict A. Georgine, Chairman n Chief Executive Officer f��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. Georgine 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. fT,,.VWIN 4.ARY V By: d'v✓�T�. L�/�� PUBLIC A Notary Public OF My Commission xpires: Betty 9fOWn AlSobr00ks Nwari rugliv, W10111' CERTIFICATION Lir Cammission 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 21 s t day of nprombpr 199_-,__. n OP,P Oq,,r SEAL i By: ••� �E-AW�0*` Jose p 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-102-POA1 (09/94) Z 0 d I•^dc3 i t'0 3n—g i—s_'0 AIC1/1:11. % DAIS( onY) , . f RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON Y AND HALLMARK ASSOC INS SERVICE CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SANDLIN&ASSOC INS AGENCY DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDEOJ BY THE POLICIES BELOW. P.O,BOX 769 DOWNEY,CA 90241-0769 COMPANIES AFFORDING COVERAGE ' LETTER"Y A ALEXANDER HOWDEN/GERLING ........................................................................................... ...................... ......................................... I' .................................................................................................................................: COMPANY LETTER B GOLDEN EAGLE INSURANCE INSURED I ......................................................................................................... COMPANY C SAFECOINSURANCE NEW URBAN WEST,INC. LETTER I ' :.......................................................................................................................................................:.....1. HB HAMPTONS PARTNERS,LP COMPANY ; 520 Broadway,Suite 100 LETTER D :..... . . ............................................................................................................�.........................., ,.... Santa Monica,Ca. 90401 ........ COMPANY ..... E LETTER y��� p� i psi-'i' >�w;`.;�:3`,.k`i'r>r;�' ::.Sz.s�. ,':1:._Kid.'=• :+ifi'� x.2.,>:r^�:2`ts.:k :lL.>. xE< "''.,. n: :k:: :o a3n. 4 K w:dr YYri..,..,�,h+�3fwr..:e� :nn?`.a ,'k4, .�,... '",. , ..:.. .. THIS IS TO CERTIFY THAT-THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POGCY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES ELIMITS HOWN MAYDHAVE BEEN REDUCED BY PAID CLAIMSfN IS SUBJECT TO ALL THE TERMS, . ,.. .,........,...............................v....................................... co !TA .M`. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE :POLICY EXPIRATION LIMITS ' : DATE(MM/DD/YY) BATE(MMIDD/YY) ' GENERA!LlAeftlTY G O�Q ENERALAGGREGATE 5 2�00 06, X COMMERCIAL GENERAL LIABILITY PRODUCTS-CDMP/DPAGGR I S 1�..... 0 A 'CLAIMS MADE X, . OCCUR. ' PERSONAL&ADV.INJUR.Y .5......... 8 020 386 GLP s 08/01/95 08/01/96 a. .. 1;OOOrOUD . . OWNER'S a CONTRACTOR'S PROT. EACH OCCURRENCE i$ 1 rOOO,OOO+ FIRE DAMAGE(Any one fire) S ...........10000,0 i...... .._. ......,, MED.p(PENSE(A ty one pereoit) :$ 5 O00' j !AUTOMOBILE LIABILITY COMBINED SINGLE X ANYAUTO LIMIT I '$ ' 00O,o00I ............................ ;......... ALL OWNED AUTOS Y INJURY i....:..... BODILY NJUfl t SCHEDULED AUTOS (Pal pdrSOn) j C ;........; $A 4310689 08/28/95 08/28/96 .. ....................................I.......................,.................. X HIRED.AUTOS XBODILY INJURY NON•OWNEO AUTOS (Per atCidtnt) ........................ .............. ............ GARAGE LIABILITY PROPERTY DAMAGE i EXCESS LIABILITY : Ep . cH occuRENCE $ 5,000,000'; A X UMBRELLA FORM 8030386CUP 08I01195 08/01/96 'AGGREGATE ..5 000,000 ;........;OTHER THAN UMBRELLA FORM4. WORKER'S COMPENSATION ��A STATUTORY UNITS ;EACH ACCIDENT ;:..$............1.B AND NWC 322373 01 09/30/95 09l30/96 ...... EMPLOYERS'LIABILITY : DISEASE POLICY LIMIT I .S•..........1,0 .. .............................................. 0 0,{j0I 1 . DISEASE-EACH EMPLOYEE S 1 OOO OOO i i 4THfa pq i A DESCRIPTION Of ERATIONSILOCATIONSIVENICLES/SPECIAL ITEMS n CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY _ ARISING OUT OF INSUREDS OPERATIONS_ �1�( ` TEN 10 DAY CANCELLATION NOTICE MAILED FOR NON PAYMENT OF PREMIUM. .. . :.. : Myfi SHOULD ANY pF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE, x EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL E&V& MAIL _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMb TO:THE THE CITY OF HUNTINGTON KIKX BEACH 2000 MAIN STREET �; AuTNORI SENTATIVE HUNTINGTON BEACH,CA 92647 / � %'n ,yP. f6 iF ate` % &8'd 6Zt7Z E98 OTZ 'SN I . '90SSkI Ai JUW-1-11:IH ;4rjLo:b0 966T-8ti—T-0 F rid N d E YJ 96-8 1-C I1 d -1ti101 • I`i i ! POLICY NUMBER 5,,,Q,?0 386 GLP COMMERCb,_.,.3ENERAL LLA-BILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 1 , ADDITIONAL INSURED - OWNERS, LESSEES CAR . CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: TItE f;ITY OF HtiTITINCTON BEACH ITS AGENTS, OFI ICER' S AND EMP OYEES Any Person, organization., partnership or joint-venture listed on a Certificate of Insurance on file with us, for which you have agreed in a written contract to provide liability insurance. 1 (If no entry appears above. information required to complete this endorsement will be shod n M the Declarations as applicable to this endorsement.) i V MO IS AN INSURED (Section 11) is amended to include as an insured the person or org on shown in the Schedule, but only with respect to liability arising out of"your work" perfonn(4 for;that insured by you or on your behalf If the additional insured is an architect, engineer or surveyor, we won't cover "bodily injury" or "property damage", "personal injury" that results from the performance or failure to pe4ortn any "professional services" for you or on your behalf. "Professional services" include but are not jimited to the following: 1. The preparing, :tpprovinQ. or failure to approve maps, drawings, opinions. reports; surydys, change orders. designs or specifications: and i 1 Z. Supervisory, engineering, surveying or inspection services The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS subscenon a. Other Insurance: Insurance provided by this endorsement is excess over other valid and collectable insurance available to the additional insured. whether primary, excess. contingent or any other basis. However, we will consider the insurance provided by this endorsement to be primary insuran4e aril any other insurance provided to the additional insured shall be in excess and not contribute with the insurance provided by this policy. only if your contract with the additional insured require i this insurance to be primary. Other terms: All other terms of your policy remain unchanged. I Includes copyrighted material of Insurance Office,Inc..%vith its permission Copyright,Insurance Services OtTrce,Inc., 1992 ` l CP-001 (ED.09l94) GERLING AMERICA INSURANCE CO? VANY l 20'd GEVE F.98 O T 2 'SN I 'OOSSH Ai JeW71UH Wd80:b0 966 T-8I-20 AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: March 5, 1996 TRACT NO.: 14007 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 8078.04 NOTICE OAOMPLIANCE WITH ANDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: �3-- �J C)P FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO: PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES El NO O,20 A-c. 1"6 _JA4 -OTHER: for: Howard Zelefsky Planning Director I oil .................... .... ... ..., PRODUCER THIS CERTIFICATE IS ISSUED MATTER OF INFORMATION ONLY AND HALLMARK ASSOC INS SERVICO CONFERS NO RIGHTS UPON RTIFICATE HOLDER. THIS CERTIFICATE SANDMAN &ASSOC INS AGENCY DOES NOT AMEND, EXTEND 0 TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O.BOX 769 COMPANIES AFFORDING COVERAGE DOWNEY,CA 90241-0769 .............................................................................................................................................................. I COMPANY LETTER A GERLING AMERICA INSJWK COOPER .............................................................................................................................................................. 1................................................................................................................................ COMPANY B GOLDEN EAGLE INSURANCE INSURED LETTER ............................................................................................................................................................. SEACLIFF PARTNERS E COMPANY NEW URBAN WEST,INC. 1 LETTER C .............................................................................................................................................................. ATTN:CINDY FROMAN COMPANY 520 Broadway,Suite 100 LETTER 0 ............................................................................................................................................................... Santa Monica,Ca. 90401 i COMPANY LETTER E VE ;:.:...:::.;;.:......:.:...:....::.:::...................:........:..............:......:.....:....:........:.......................... :. RA tt 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 REOUIREMENT,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 POUCY NUMBER : POLICY EFFECTIVE POLICY EXPIRATION LIMITS TR: DATE(MM/DO/YY) DATE(MM/DO/YY) GENERAL LIABILITY GENERAL AGGREGATE i 3 2 OOO,OOC X COMMERCIAL GENERAL LIABILITY 2 ::........ ' PRO....................................... .............1.r.000,001 `:... :CLAIMS MADE �( ' OCCUR. r t'� ° I AIL L 1}'� ' PERSONAL 6 AOV`OIH INJURY ..3 1,000 00( A ::>.......; :......... g��O3$� ��14,��.LPL • 08/01/95 08/01/96 ;........................r...... �( : OWNER'S 3 CONTRACTOR'S.PROT. ( ,1r' l I�✓ EACH OCCURRENCE S D.D.'1. 1l` � r.E'J ;............................................ ............1..000,00C B FIRE DAMAGE(Any one..... ,f .............................. MED.EXPENSE(Any one person) S 5,000 AUTO MOBILE.LIABILITY .. COMBINED SINGLE :$ ANY AUTO LIMIT i ................................................ ............................. ALL OWNED AUTOS 0l l Y SCHEDULED AUTOS i (Per person)R TO FORT{ HIRED AUTOS YLPPROTLD �• — S ` L .:,.., racc e NON-OWNED AUTOS i GAIL 11)�1: r BODILY INJURY A JUrt;Y C1 t i1 t'i v ' } .......................................................... S GARAGE LIABILITY BY.: D6DL1tY /i� i PROPERTY DAMAGE S EXCESS LIABILITY v EACH OCCURENCE :S 5,000,OOC ......................... I......... ...................... . 4 X UMBRELLA FOAM 8030386 08/01/95 08/01/95 AGGREGATE $ 5,000,OOC OTHR THAN El.a FOR T i E N UMBRELLA M STATUTORY LIMITS ............... .,...:. :..::.:....::..:.:.:::: WORKER'S COMPENSATION :........:. ................:::..:..:::.::::::::..::.,.:::::: B : AND PWC271733 09/30/54 EACH ACCIDENT 3 i OG DISEASE-POLICY LIMIT . ....... 1,000,OOC EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE S 1,000,000 OTHER A BUILDERS RISK 80103861MP 08/01/95 08/O1/96 ' 1600000 LMTOFINS 2500 DED. :ESCRIPTION OF OPERATIONS/LOCAnONS/VEHICLES/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 ..: ............... ... ................. . ..... .... RTIF.ICATE ::>;:::;;::>:> s:::>':>s:' :: : '%=< :::>:::::;: >:::>.:: LII R...... <»:< :: `'.: FAX41 714-374-1597 ` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATTN: DENNIS COULTER EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL CITY OF HUNTINGTON BEACH, ITS AGENT S''> MAIL*aQ_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE OFFICERS AND EMPLOYEES �`Vff%NVXVVAVWM`6_XL 2000 MAIN STREET tjlkfi�Id�`A�'Xloi$i13���b'rrdld�lks�d3d0A` 1€11 . HUNTINGTON BEACH, CA 92648 AUTHORIZED REPRESENTATIVE �21 �f � POLICY NUMBER. 811386GLP • COMMERCIAL GENERAL LIABILIT` 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 Declaration as applicable to;his endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in W Schedl.le, but only with respect to liability arising out of "your work" for that insured by or for ycu. 1 i I i I