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HomeMy WebLinkAboutTR 15033 - W/Beach Bordered by Memphis/Florida/Knoxville Recording-requested by, and recorded.return to: Recorded in the county of orange, California Connie Brockway, City Clerk I Gary L. Granville, Clerk/Recorder ,Office of the City Clerk III I IIII I III I,CITY OF HUNTINGTON BEACH 1111111111111111111111111111111111 III No Fee ;P. O. Box 190 -2000 Main street 19970016204 09: 17dm 01/13/97 Huntington Beach California 92648 005 8010923 08 12 j A04 1 7.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) NOTICE OF ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Municipal Code Section 255.22) PLEASE TAKE NOTICE THAT on December 16 , 19 96 ,the City Engineer considered the subdivision improvements described below,and found them to have been completed satisfactorily and accepted,as limited by Huntington Beach Municipal Code Section 255.22(A),the improvements for public use. - Further,the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach_,as described on the final ` nap 15033 Public improvements constructed consist of paving, curbs, gutters,sidewalks, . drive:aays, wheelchair ra..,ps, street lights, and water lines with appurtenances. � 111is document is solely for the V'... City ci ccntem— ......., Code CITY OF HUNTINGTON BEACH Sec. 6103 and should be recorded free of charge. - by: City Engineer lAgency `IiU,NTINGTON BEACH APPROVED AS TO FORM: Qy:. eputy City Cierk --- .It City Attorney F g:forms:recorder:acceptance:engineer:improvements:public r1s#96-848 STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in Person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1-28-98 Irene Mower,Notary Public "OFFICIAL SEAL" ► 4 Irene Kletwer ► 4 Notary Public,State of Illinois ► My Commission Eglres 112011 ► CERTIFICATION I, N. J. Zarads, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated September 20, 1995 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of r;r_4 , 19 N.J.Zarads, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term Page 8 -Council/Agency Agenda -12/16/96 (8) E-9. (City Council) Corrosion Engineering Study Update - Selection Of PSG Corrosion Engineering, Inc. - Professional Services Contract - Update a 1990 Corrosion r� Engineering Study (600.10) - 1. Approve the selection of PSG Corrosion Engineering, rn Incorporated, 8840 Complex Drive, Suite 100, San Diego, California 92123, to prepare the -to pdate of their previous 1990 study and 2. authorize the Public Works Director to expend he total amount of$20,000 that includes the consultant fee of$14,000, plus $3,006 in possible supplemental expenses. Submitted by the Public Works Department [Approved- 6-0 (Green out of room)] I/ E-10. (City Council) Tract No 15033 - Release Of Securities - Notice Of Acceptance Of Public Improvements - Greystone Homes - s/w Corner Of Beach Boulevard & j Memphis ::venue (420.60) - 1. Accept the improvements constructed and dedicated for public use within Tract No. 15033; 2. release the applicable I:onds posted for faithful performance, labor and material, and monument; 3. accept Maintenance Bond n/ Ph No. 3SM 882 337 00-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 4. instruct the City Clerk to notify the developer, Greystone Homes, Inc. of this action, and the City Treasurer to notify the bonding company, American Motorists Insurance Co. of this action; and.5. instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Submitted by the Public Works Department [Approved- 6-0 (Green out of room)] E-11. (City Council) Agreement - State of California Department Of Parks And ej � Recreation And City Department Of Community Services (Bolsa Chica State Beach Concession Agency Agreement) -To Appoint City To Terminate TLC Alp- (Tosh/Christensen/Lewis) (Concession At Bolsa Chica State Beach Including C� Parking Lotl (600.20) -Approve the following actions: 1. That the City Council ! l6 approve in substantially the form presented and as approved by the City Attorney, the i Bolsa Chica State Beach Agency Agreement, with the State and authorize the Mayor and City Clerk to.sign it. 2. That it authorize the Community Services Director to take all actions necessary to terminate the entire Concession Contract. 3. That it authorize up to $90,000.00 to be paid to TLC, representing the depreciated value of the Concession Improvements. Submitted bythe Community Services Department (Term of Agreement January 1, 1997 to April 9, 2000) [Approved As Amended - 6-0 (Green out of room)] E-12. (City Council) Request For Appropriation Of Funds - Installation Of Fiber Optic Cabling - City Corporation Yard (320.45) -Approve an appropriation of$16,000 from the unappropriated Air Quality Fund to install fiber optic cabling at the City Corporation I Yard. Submitted by the Administrative Service Director and Deputy City Administrator (To improve technology capabilities, reduce the number of vehicle trips, and to position the Corporation Yard for future technology enhancements.) [Approved - 6-0 (Green out of room)] (8) The foregoing, instrument is a correct 2.,: ti; -n ;1" ." Ofjce. copy of tl;o Attest -Cowncil of ii, U; California. p, ty CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 13, 1995 Greystone Homes, Inc. 7 Upper Newport Plaza Newport Beach, CA 92660 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, June 5, 1995, approved the Subdivision Agreement for Tract No. 15033. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway, CMC City Clerk CB:cc clerkfMtr \ (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 13, 1995 First American Title Insurance &Trust Mr. Ron Gomez 114 E. 5th Street Santa Ana, CA 92701 Attention: Mr. Ron Gomez Regarding: Tract Map No. 15033 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. O. Box 190, Huntington Beach, CA 92648. Sincerely, G� &&� Connie Brockway, CIVIC City Clerk CB:cc Enclosure Received by: Dated: g:cclractmap Telephone:714-536.5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND GREYSTONE HOMES, INC. FOR TRACT NO. 15033 THIS AGREEMENT is entered into this 12th day of June , 1995, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GREYSTONE HOMES, INC., a California corporation hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15033; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 4/s/tr15033/05/12/95 RLS 95-268 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 31, 1996 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Acceptance of Public Improvements to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, 6?t4z�4 Connie Brockway City Clerk CB/jc Enclosure: Notice of Acceptance of Public Improvements Final Map 15033 (Telephone: 714-536.5227) 4,0 ° Py -7/97 �-7CITY OF HUNTINGTON BE ' �� n MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: PW 96-089 Council/Agency Meeting Held: 1/6 4'We Deferred/Continued to: IH'Approved 9,,Qonditionall Ap roved ❑ Denied C1 City Clerk's Si ature Council Meeting Date: December 16, 1996 Department ID Number: PW 96-089 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: L M. JONES II, Director of Public Works�v' , SUBJECT: Tract No. 15033 Release of Securities --Acceptance of Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Greystone Homes, Inc., the developer of Tract No. 15033 located at the southwest corner of Beach-Boulevard and Memphis Avenue, has completed all required public improvement and is requesting a release pursuant to the provisions of the Subdivision Map 1 Funding Source:. to d a Not applicable 3� Recommended Action: r1 1. Accept the improvements constructed and dedicated for public use with Tract No. 15033 and, . 2. Release the applicable bonds posted for faithful performance, labor and material and monuments; and, 3. Accept Maintenance Bond No. 3SM 882 337 00-A; the security furnished for - guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, / 0022534.01 -2- 11/25/96 9:16 AM % QUEST FOR COUNCIL ACIAN MEETING DATE: December.16, 1996 DEPARTMENT ID NUMBER: PW 96-089 4. Instruct the City Clerk to notify the developer, Greystone Homes, Inc. of this action, and the City Treasurer to notify the bonding company, American Motorists Insurance Co. of this action. 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements." W'" t-Ke Oror-RX R o(?IL Alternative Action(s): 0 Deny the recommended action. Analysis: On June 5, 1995, the City Council approved Final Map No. 15033 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 bonds, pursuant to Calif. Government Code Section 66499.7. Public improvements constructed consist of paving, curbs, gutters, sidewalks, driveways, wheelchair ramps, street lights, and water lines with appurtenances. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Maintenance Bond No. 3SM 882 337 00-A as security. Following is a list of project data: Subdivider: Greystone Homes, Inc., 520 Broadway, Ste. 100, Santa Monica, Ca. 90401 Engineer: Adams-Streeter 15 Corporate Park, Irvine, Ca. 92714 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: Southwest corner of Beach Boulevard and Memphis Avenue, Lots: 70 Lots Acreage: 9.263 Zone: RM (Medium Density Residential) Environmental Status: This recommended action to accept the improvements 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). 0022534.01 -3- 12/06/96 10:35 AM %QUEST FOR COUNCIL AC*N MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: PW 96-089 Attachment(s): City Clerk's Page Number .............. ... ....... ................. ................. .........._ . ............ ......... .............. _............ .............. ... .. .... ... ............ .............. 1 Location Map 2 Maintenance Bond No. 3SM 882 337 00-A 3 "Notice of Acceptance of Public Improvements" LMJ:BPC 0022534.01 -4- 12/06/96 10:35 AM NEW U Li ==j J L ADAMS AVE. a 0 NO SCALE MEMPHI S AVE. KNOXVILLE AVE. TR. 7 5033 LINCOLN A VE. ti O c Q Q m JOLIET A 1/E.U U n1-l'�n n�Fncz ATTACHMENT No. 1 LOCATDON MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TR15033 • nDna American Motorists Insurance Company ®nsunan�e rnmverces FIRST TERM PREMIUM FULLY EARNED Bond Number : 3SM 882 337 00-A Premium (One years) : $ 0.00 MAINTENANCE BOND . . . ... KNOW ALL MEN BY THESE:PRESENTS That:Greystone Homes Inc as Principal, and:AMERICAN MOTORISTS.INSURANCE COMPANY, a.corporation organized and existing under the laws of the State of _ - . . ..... .._....._ . . ... ........... . .... Ilhno> and duly authorized to transact a:general surety business in the state of California hereinafter called the _. .. .. _. Surety, are held and finely bound unto£M Of Huntington Beach iii the sum of ;Sixty nine thousand; seven .. ... hundred twenty and no/100 DOLLARS. ($69720.00) lawful money of the United States of erica, for the payment of which sum well and t77 ruly ao be made, we bind:our..elves, our heirs:; executors; a.:dnunistrators .. ... _.... .._ ..... ............ ._ __.. .. ._ _......... _..._ ... ..._ .. ..... ......... _ _.... _ .. ..... ...._.... successors;:and assigns,jointly and severally, firmly by.these resents P. WHEREAS, ..... xaatxx day of o�oc;1996, :the said principal entered into:an agreement to the Obligee for ... ... Improvements, tract 15033 . WHEREAS; under the teens of the specification for said work, the said Principal is required to give bond or .. . . ... maintenance toprotect the said Obligee against the result of faulty materials or workmanship for a.......... eriod:of one . .. ._ year(s) from and:after the date of completion and acceptance of same NOW, THEREFORE, If:the:said..Principal for a period of one year(s):from and after the date of completion and: .:. acceptance of same;by said Obligee, replace any and alt defects in said;work resulting from defecnveimaterials or defective workmanship then the above obligation to be void; otherwise_to remain in full force and effect. .. ... SIGNED, SEALED DATED: September 18, 1996 Greystone.Homes, Inc. American.Motorists Insurance Company _.. ... ........_..... .... ..........._....._ . .. ..... ...... (Principal) (Surety) By: By, .:_ ,J .Lt' Y�. .a . ...... .: - KeAni D Conrad, Attomey 4n Fact PETER KIESECKER, YICE PRESI�EN .. m DIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(213)257-8291 .FAX(213)256-7218 Maintenance Rnnd-07-11-96-96.dnt AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint ReAna D. Conrad of Los Angeles, California********** its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver arty bard or Lmdertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the sane obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 20 day of September , 1995 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY r� W. A. Grauzas, S c Lary by J. S. Kemper, III, Exec.Vice President (OVER) .............................. . ..... ... ... ... . ...... .... . ..... ................................ .. .. ............ State of California County of Los Angeles On " - before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared KeAna D. Conrad NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the - instrument this per son(S), yr ti ie en":' upon - = behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. AL 'I ") " 14 (SIGNATURE OF NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) - ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND GREYSTONE HOMES, INC. FOR TRACT NO. 15033 TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................2 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................3 7 Insurance...............................................................................................................4 6 Certificates of Insurance; Additional Insured Endorsements.................................4 4/s/tr15033\5/12/95 RLS 95-225 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include,:but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial,highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1)year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with the Huntington Beach Zoning and Subdivision Ordinance, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Six Hundred Ninety-seven Thousand Two Hundred Dollars ($697,200) as prescribed by HBMC Section 255.16, 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 2 4/s/tr15033/05/12/95 RLS 95-268 or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 3 4/s/tr15033/05/12/95 RLS 95-268 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing 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. 4 4/s/tr15033/05/12/95 RLS 95-268 M 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 SUBDIVIDEWS 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. Balance of page intentionally left blank. 5 4/s/tr 15033/05112195 RLS 95-268 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. GREYSTONE HOMES, INC., CITY OF HUNTINGTON BEACH, a California corporation a municipal corporation of the State of California B LILM411-4- y. � rence Webb, ident Mayor By: ATTEST: Rol a,-Seer-etarp Robert W. Garcin, Secretary . REVIEWED AND APPROVED: City Clerk APPROVED AS TO FORM: City Administrator 4- 9f city Attorney qs- INITIATED AND APPROVED 1 I Director of"Ili Works 6 4/s/t r 15033/05/12/95 RLS 95-268 NOTICE COMPLIANCE WIT100NDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $2ISL 17 q.�� ❑ NO OTHER: for: Howard Zelefsky Planning Director • • I• iRR AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby Civil Engineering Assistant DATE: June 7, 1995 TRACT NO.: 15033 TITLE CO.: First American Title Insurance Co. PHONE NO.: (714) 558-3211 TITLE OFFICER: Ronald J. Gomez I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. Bruce P. Crosiff- ow S' ace For Gt Clerk's Use MEW Council/Agency Meeting Held: Deferred/Continued to: KApproved O Conditionally Approved O Denied City Clerk's Sign e Council Meeting Date: June 5, 1995 Department ID Number: CD95-28 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY:. MICHAEL T. UBERUAGA, City Administrato)`� 1 l�— PREPARED BY: MELANIE S. FALLON, Director of Community Development - SUBJECT: FINAL TRACT MAP NO. 15033 WITH BONDS AND AGREEMENTS IFStatement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue Final Tract Map No. 15033 located on the west side of Beach Boulevard and bordered by Memphis Avenue, Florida Street, and Knoxville Avenue is being submitted to the City Council for approval. Funding Source Not Applicable. Recommended Action Motion to: "Approve Final Tract Map No. 15033 and accept the offer of dedication and improvements, and bonds pursuant to the following findings and requirements:" c Findings for Acceptance of Final Map: 1. Final Tract Map No. 15033 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15033 conditions of approval as approved by the Planning Commission. �s REQUEST FOR COUNCILITION is Meeting Date: June 5, 1995 FINAL TRACT MAP NO. 15033 WITH BONDS AND AGREEMENTS Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM88233700 b. Labor and Material Bond No. 3SM88233700 c. Monument Bond No. 3SM88233800 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 Actionls The City Council may make the following motion: A. "Deny Final Tract Map No. 15033 and not accept the offer of dedication, improvements, and bonds." Analysis SUBDIVIDER: Greystone Homes, Inc: 7 Upper Newport Plaza Newport Beach, CA 92660 CD95-28 -2- 6/5/95 REQUEST FOR COUNCIL H%;TION Meeting Date: June 5, 1995 FINAL TRACT MAP NO. 15033 WITH BONDS AND AGREEMENTS ENGINEER: Adams Streeter, Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92714 LOCATION: West side of Beach Boulevard and bounded by Memphis Avenue, Florida Street, and Knoxville Street. ACREAGE: 9.263 Acres NO. OF LOTS: 70 numbered lots (18 lettered lots) NO. OF UNITS: 69 units ZONE: RM (Medium-High Density Residential) GENERAL PLAN: Medium Density Residential DISCUSSION: On January 10, 1995, the Planning Commission approved Tentative Tract Map No. 15033 for construction of a 69 unit detached single family dwelling project. The project was then appealed to the City Council based on a school fee issue. The City Council approved the development on April 6, 1995 subject to the same findings and conditions of approval as the Planning Commission imposed. Final Tract Map No. 15033 represents subdivision of the entire 9.263 acre site. The subdivider has satisfied the Park and Recreation requirement through payment of a $215,279.76 in lieu fee. 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 and on appeal, by the City Council. Environmental Status This action to accept Final Tract Map No. 15033 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On January 10 1995, the Planning Commission approved Negative Declaration No. 94-15 for the project itself. CD95-28 -3- 6/5/95 REQUEST FOR COUNCILOTION *Meeting Date: June 5, 1995 FINAL TRACT MAP NO. 15033 WITH BONDS AND AGREEMENTS Attachment(s): 1. Area Map 2. Tentative Tract Map No. 15033 3. * Tentative Tract Map No. 15033 Findings and Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond 7. Labor and Material Bond MTU:MSF:JM:kjl Page Number CD95-28 -4- 6/5/95 ATTACHMENT 1 ST. • OSWEGO AVE.' AVE. I. R2-PD-10 50 N R, 330.I1' R I ' 0 -0 -O -0 Z -0 -0 I -_:,ire±:--; -0 ,R2-PD-10 3 R I �s R I a „ NASHVILLE AVE. " L TO SPECIFIC ST. rw£ F�� R2-PD 1 PLAN0 C F_R -a (DI RICT TWO) 125 R2-PD-10 } MEMPHIS ELEVENTH o ze SO SO to N (A ISM ST I • ' (0)R2 R I �to � — ;; LI.'JL..,LN AVE. I C RI s r� TENTH (Q)R2 sr. 30 (0)R2 R I � S KNOXVILLE I AVE. RFsr R I 5 ic ? 1I� 0-DT N SFIECIRC LAN R3 R3 R3 C4 Ju:-'F r AVE. 135 R 3 R0R2 � ,�x7 o)R2 1 a Io� IR3 R3 W R3 C Na a 135( I I T�T U 3e 3 r INDIANAPOLIS (� -- AVE, 9B'9d R 3 R 3 I I n ,�. N N Q L. Jt—I L� � 50 I — _HAkTF JRD cr AVE. FT 15033 '� HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION ATTACHMENT 2 „r,"err�4 .` y; a •� �, � � + K TENuTATI T A MAP NO. 15033 fo •' 1 + � ,� �M h S; `• �lei� I ' �J l'1 tal4am vPW�� �l l-\1_ ,.I I�I����OXe Y awcl MXnr. e+ a J n xY:nnr.Nulwnr / 3T w,•.r, ,a.• ix T.T. NO 15033 NOTES: CJ (7) \' I � LAND USE SUMMARY _ '~N), 1 az' `/� `Jr. _r,•\ s"7 Q ./ i_/I „ jl N S. '..l ._. ___ ...__— r.-+ .... ee/l\I 1 1 '-, .:'.. �—. + "i 1 -25 , ' r,P er -+.A -y'��'_ _ 'L�Q'ylf_fS �i -w- W. IL.E s NLEfNL:A11r1IVA 1, 9ii' M All IJ 4 r' I ti 1'1• I I.! r I ,n rn,n.nr seuXm�►: an:nunx_e , • U f 10 I F'' m, �n 1.1 •\ �ee' \"'7f i' .'l— 1 �': �' ^���i w-I,t ■, ..”. Pwe - .I - , , I I 3 �' �� SEL/R+L'GL� ,,J.CIF2'_'LL W 333 0 P o. .. �� ^ IM1 4J O r.a ✓1-—I 1 m-Q I I nun a;E.:es— nrl.0 r stEm .A.`r. E'.. rX.r.rta - it Q_ CJ� Q zi`li zx zJ O rOs. d I (i� LEGEND 5,1,IXX 1i w w�w.wn• • • _--.—_—___— .— �/,A. IXIXA rMrrafr rXln � KNOXVILLE AVENUE_.��_____� w 1 JY o r . •• j��i, .I• ItI (1 A[MAtS STUTTER — -•• -Jl'n. � 4 ,, E •••• CTVR[N(.PIE[tS INC. f. r ..... 1 7 �I, .. .\'Y , _ .- f..•:✓ ., (' � '. VICMiY MAP ATTACHMENT NO. ATTACHMENT 3 J� Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 January 13, 1995 Greystone Homes, Inc. 7 Upper Newport Plaza Newport Beach, CA 92660 SUBJECT-. ZONE CHANGE NO. 94-5/TEITATIVE TRACT MAP NO. 15033/ CONDITIONAL USE PERMIT NO. 94-29/3NIEGATIVE DECLARATION NO. 94-15 . REQUEST: Zone Change: To rezone an approximately 8 acre site from CG (General Commercial) and RMH (Medium-High Density Residential) to RM (Medium Density Residential). Tentative Tract Map and Conditional Use Permit: To allow a 71 lot subdivision for a planned unit development consisting of 70 detached residential units and one recreational lot. The conditional use permit also includes the following requests: to permit development of a site that has a greater than (3) foot grade differentiation between the high point and the low point before rough grading, to allow a six (6) foot high perimeter wall to exceed the 42 inch high code requirement for walls in required yards, and to permit a retaining wall which exceeds two (2) feet in height. Variance: A request for a reduced sideyard setback of eight (8) feet for one unit along Florida Street in lieu of 15'. LOCATION: West side of Beach Boulevard, between Memphis Avenue and Knoxville Street DATE OF ACTION: January 10, 1995 FINDINGS FOR APPROVAL- ZONE CHANGE NO. 94-5: 1. The proposed zone change from CG (General Commercial) along Beach Boulevard (approximately 4 acres) and RMH(Medium-High Density Residential) along Florida Street (approximately 4 acres) to RM(Medium Density Residential) does conform with the Residential Medium Density land use designation of the City's General Plan. 2. The proposed zone change from CG and RINIH to RM is consistent with the surrounding medium density residential land uses, because the RM district allows for residential 0 3. The proposed zone change from CG and RMH to RM is consistent with the City's General Plan and Housing Element, in that it will provide for a variety of housing types within the City. FrgDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 15033: 1. The size, depth, and frontage of the proposed 70 lot subdivision for 69 single family detached residential units and one (1) recreational lot is 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 the General Plan designation of Medium Density Residential and RNI, Medium Density Residential, (15 units per gross acre)zoning were implemented. The proposed density of the project is 8.95 units/acre, based upon 69 units on an 8 acre site. 3. The General Plan has set forth provisions for multifamily residential uses as well as setting forth objectives for the implementation of this type of use. 4. Tentative Tract Map No. 15033 for a 70 lot subdivision for 69 single family detached residential units and one (1) recreational lot, is consistent with the goals and policies of the Huntington Beach General Plan. The proposed project is consistent with the Medium Density Residential land use designation of the General Plan. FINDINGS FOR APPROVAL- CONDITIONAL USE PERNUT NO. 94-49: 1. The location, site layout, and design of the proposed 69 single family detached residential units and one (1) recreational lot, properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project's design includes setbacks and building bulk compatible within the area. 2. With the suggested conditions imposed, the access to and parking for the proposed residential development will not create an undue traffic problem on the four (4) perimeter streets surrounding the project. 3. The planned residential development for 69 single family detached residential units and one (1) recreational lot does conform to the provisions contained in Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The proposed project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor injurious to property and improvements in the area. The 69 unit residential project will function as a compatible residential project. 5. The proposed project will not adversely affect the General Plan of the City of Huntington Beach. The proposed development of 69 single family detached residential units, is consistent with the Medium Density Residential land use designation of the General Plan. 6. The six (6) foot high perimeter wall along Florida Street, which exceeds the 42 inch high code requirement for walls in required yards , the three and a half(3 1/2) foot high retaining wall on the exterior property lines along Beach Boulevard and Memphis Avenue, which exceeds the code requirement of two (2) feet in height, and the development of the site with a grade differential of 18 feet between the high point and the low point, which exceeds the code . requirement of a 3 foot high maximum grade differential between the high point and the low point, will result in a better living environment and a design that is compatible with the surrounding area and will provide for maximum use of aesthetically pleasing types of landscaping, design and building layout. The residential project to the north also contains retaining walls. 7. The six (6) foot high perimeter wall along Florida Street, the three and a half(3 1/2) foot high retaining wall along the exterior property lines along Beach Boulevard and Memphis Avenue and development of the site with an 18 foot grade differential between the high point and the low point, 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. 8. The six (6) foot high perimeter wall along Florida Street, the three and a half(3 1/2) foot high retaining wall along the exterior property lines along Beach Boulevard and Memphis Avenue and development of the site with an 18 foot grade differential between the high point and the low point, are consistent with the objectives of the Planned Residential Development standards in achieving a development compatible with the surrounding environment. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 94-49: 1. The site plan, floor plans, and elevations received and dated January 4, 1995, shall be the conceptually approved layout, with the following modifications: a. The rear building elevations of perimeter lots shall have architectural upgrades such as window treatments, to enhance the aesthetics of the project from the four perimeters. b. Vary the perimeter wall along Beach Boulevard by providing offsets or provide decorative pilasters along the wall at every other lot line (approximately every 85 feet). 2. Any future additions to the single family residential units shall be restricted to the standards contained in this report. 3. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. The markings, indicating the size, model number and serial number shall be visible on the back flow devices. (pcc1020-3) b. 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. c. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. The developer shall install an on-site lighting system on all vehicular access ways, within unenclosed parking areas, and along all major walkways. A lighting plan shall be submitted for approval to the Director of Community Development. g. The conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plancheck. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 Section 9607 (Chapter 232) of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that require removal shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. "Drought tolerant" plants and turf shall be used for all landscaping. b. All structures on the subject property, whether attached or detached, shall be constructed in compliance to the State's acoustical standards. Evidence of compliance shall consist of a noise study or acoustical analysis report, which includes evidence of adequate sound attenuation to comply with the City's Noise Ordinance and State standards. Such study shall include noise attenuation measures such as setbacks, soundwalls,,insulation and landscape buffers for the residential development, and shall be submitted to the Community Development Department for review and approval. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (pcc1020-4) d. The water system shall be designed and installed per the City of Huntington Beach Water Division's design criteria, standard plans and specifications. The system shall be located within vehicle travel ways in an easement dedicated to the City. e. The proposed project shall have a separate domestic water service for each unit, sized per the Uniform Plumbing Code and Water Division Standard Plans. Any existing water service shall be abandoned. f. The applicant/owner shall submit a plan, showing water system improvements including service connections to each unit; back flow devices and other appurtenances shall be in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved,by the Public Works Water Division and Fire Department prior to construction. g. Landscape irrigation system shall be designed and constructed to include a separate water service connections from domestic service connections. The developer shall submit irrigation demands to ensure proper irrigation sizing. h. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for contractors, construction workers, etc., during the project's construction phase. i. Gated entryway (access control devices) plans to the Community Development Department. A"statement of architecture' should be incorporated to highlight the theme of the development. Said gated entrjN.Vay shall comply with Fire Department Standard 403. Prior to the installation of any such gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works Departments. j. Zone Change No. 94-5 shall be approved by the City Council and in effect. k. Condtion nbb of Tentative Parcel Map No., 15033 shall be complied with. 5. Prior to issuance of grading permits the following shall be completed: a. The applicant shall obtain a National Pollution Discharge Elimination System Permit for construction activities;from the Regional Water Quality Control Board; b. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. c. A landscape plan and an irrigation plan shall be submitted to the Department of Public Works for review and approval. d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets and utilities.' 6. Fire Department requirements are as follows: a. Two entry/exit gates shall be required. Electronic gates shall comply with City Specification 4403. Gates shall be a minimum of 24 feet wide. b. All roadways shall comply with City Specification 4401. Minimum roadway width shall be 24 feet. All turns and turnarounds in the roadways must be capable of providing a 17' x 45" radius turn for fire apparatus. These roadways must be marked and posted as fire lanes to comply with City Specification 4415. c. Street names shall be submitted to the Fire Department and comply with City Specification T409. d. Approximately 7 fire hydrants will be required for the project. They shall be installed in locations approved by the Fire Department. e. The project shall comply «with all provisions of the Huntington Beach Fore Code and City Specification 4422 and -431 for the abandonment of oil wells and site restoration. f. The project shall comply,,vith all provisions of City Specification 4429 for new construction within the methane gas overlay district. g. Water mains and fire hydrants shall be installed and in service prior to any combustible construction. h. All adjacent roadways shall be completed to the base course of asphalt prior to any combustible construction. i. All buildings not within 150 feet of the property line on flag lots 42, 12, 22, and 34 shall have automatic fire sprinklers installed throughout in compliance with the Huntington Beach Fire Code and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. A two inch water service is required for these four buildings. 7. Police Department requirements are as follows: a. A knox box-shall be installed at the gated entrance and at the gate surrounding the recreation area. b. The shrubs and groundcover shall be maintained so that the height does not exceed three (3) feet from the ground. c. The landcover near the north pool gate shall be maintained so that the view is not obscured when entering the complex from Florida Street. 8. 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. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. 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. 10. Prior to final building permit inspection approval for the first unit, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a cop,, to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. Prior to final inspection of the first unit, the applicant shall obtain a"Letter of Map Amendment'', if required, from the Federal Emergency Management Agency for the entire project. e. Prior to final inspection of the first unit, a reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition by the Director of Community Development. 11. Conditional Use Permit'No. 94-49 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 1.5033: 1. The tentative tract map received and dated January 5, 1995, shall be the approved layout, with the following modifications: a. Vary the perimeter property lines/wall along Beach Boulevard or provide decorative pilasters along wall at every other lot line (approximately every 85 feet). • 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. The applicant shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable provisions of the Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division prior to any construction (excepting grading). b. Each proposed building shall have a separate water service per Water Division Standard Plans. c. The water system shall be designed per the City if Huntington Beach Water Division's design criteria, and shall be installed per the City of Huntington Beach Water Division's Standard Plans and Specifications. d. The water system shall be located within vehicle travel-ways in an easement dedicated to the City. The developer shall be responsible for repairing enhanced pavement if the water mains or appurtenances require repair or maintenance. e. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel-xvays in an easement dedicated to the City. f. The proposed water system shall be looped to Memphis Avenue and Florida Street. The minimum water main size shall be eight inches. The developer shall submit hydraulic calculations supporting the proposed water system design. g. The developer shall construct an eight inch water main within Beach Boulevard, approximately 47 feet west of centerline, from Memphis Avenue to Knoxville Avenue. The northerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Beach Boulevard and Memphis Avenue.. The southerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Beach Boulevard and Knoxville Avenue. h. The developer shall construct an eight inch water main within Florida Street, approximately 13 feet east of centerline, from Memphis Avenue to Knoxville Avenue. The northerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Florida Street and Memphis.Avenue. The southerly end of the proposed water main shall be connected to the existing 12 inch water main located within the intersection of Florida Street and Knoxville Avenue. i. The water system and appurtenances shall be dedicated to the City of Huntington Beach. j. A two (2) foot easement for pedestrian walkway purposes located behind the private street sidewalks shall be recorded concurrently with the final map, or the sidewalks shall be constructed to six (6) foot minimum width. k. Design and construct a traffic signal at the intersection of Beach Boulevard and Memphis Avenue.. The developer shall be responsible for 25% of the total cost; the City shall be responsible for providing for reimbursement for 75% of the total cost through credits against traffic impact fees due for this project, and through a reimbursement agreement. 1. Sidewalk width on Beach Boulevard shall be fifteen feet. m. The following dedications shall be required: 1. 25 foot radius at the corner of Beach Boulevard and Knoxville Avenue; 2. 25 foot radius at the corner of Beach Boulevard and Memphis Avenue; 3. 15 foot radius at the corner of Florida Street and Knoxville Avenue; and, 4. 15 foot radius at the corner of Florida Street and Memphis Avenue. n. The sewer system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. o. The storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. p. Corner lots shall include easements for sight distance purposes over corner segments to preclude installation of sight distance obstructions. q. All vehicular access rights to Beach Boulevard shall be released and relinquished to the City of Huntington Beach except at street intersections and locations approved by the Planning Commission. r. Construct full public improvements on Memphis Avenue, Knoxville Avenue, Florida Street and Beach Boulevard, within the tentative map boundary and to the centerlines of streets, where improvements do not exist; Such improvements shall include, but are not limited to, curb, gutter, sidewalk, landscaping, street lights, fire hydrants and half cross- gutter at Beach Boulevard-and Memphis Avenue, and shall be designed and constructed to provide a 20 year design life. Existing, damaged or deteriorated public improvements within these areas shall be reconstructed to provide a 20 design life where determined necessary by the City Engineer. s. Remove and replace existing curb, gutter and sidewalk on.Knoxville Avenue, adjacent to the project. t. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. u. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. v. The developer shall use"drought tolerant" plants and turf for all common area landscaping. w. All common area improvements, including landscaping, streets, and recreational facilities, shall be completed, or a cash bond may be posted with the Department of Public Works which will guarantee the completion of the common area improvements. (pcc1020-9) x. The configuration of the proposed security gate shall be subject to approval of the Public Works Department, and the Police and Fire Departments. Calculations signed by a qualified, registered traffic engineer or civil engineer shall be submitted which demonstrate that the stacking distance from the public right-of-way to the security gate is adequate for storage of waiting cars, on-site, during the weekday, evening peak hour. The geometric design shall permit a turn-around maneuver to exit by a standard, SU-30 design vehicle which may be denied entry into the complex. The design vehicle shall be able to enter the site and return to the public street without backing into vehicles entering or exiting the secured area. y. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision .Manual, Subarticle 18. z. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of the final map in a manner described in Sections 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange Subdivision manual, Subarticle 18. aa. Zone Change"No. 94-5 shall be approved by the City Council and shall be in effect. bb. The applicant shall submit an affordable housing plan which provides for 10% of the total units (equal mix of 7 units) approved to be affordable to families of low and moderate income provided the units' affordability averages to 100% of the median income level. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction or available to the public prior to final building permit for the homes in Conditional Use Permit N10. 94-49. The plan shall include, but is not limited to: 1. Build affordable units at an alternative location which is under control of the applicant. All units shall be constructed'prior to or concurrent with the primary project and final approval of the project shall be contingent upon completion and final approval, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term (30 years). 4. Other options which generate new opportunities for low and moderate affordable housing units for thirty (30) years. 5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a resolution for in-lieu fees is adopted prior to issuance of building permits. 3. At least 60 days prior to recordation of the parcel map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&R's shall also include Condition of Approval 42 of Conditional Use Permit No. 94-49. The CC&R's must be in recordable form prior to recordation of the map. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15033, and Conditional Use Permit No. 94-49 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit. 6. Park and Recreation Fees shall be paid at the time the final map is accepted by City Council or issuance of any building permits, whichever occurs first. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays 8. An encroachment permit shall be required for all work within the public right-of-way. I hereby certify that Zone Change No. 94-5, Tentative Tract Map No. 15033, Conditional Use Permit No. 94-29 and Negative Declaration No. 94-15 were approved by the Planning Commission of the City of Huntington Beach on upon the foregoing findings and conditions. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions.completed prior to final approval. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott ess Senior-Planner Reviewed by: Planning dommissioner __ ___-(pcc1020-I1) ATTACHMENT 4 I have received the Faithful Performance Bond and the Labor and Materials and Monument Bond bond for Final Tract Map No. 15033 with Bonds & Agreements on behalf of the Treasurer's Office. Dated Greystone Homes, Inc. 7 Upper Newport Plaza Newport Beach, CA 92660 I i . • a CALIFORNIA ALL-PURPOSE (ti, ,(( _ fas t'.t A".: '• �16:4i. f: ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF yl�rltW ) On 4+r+—9 S before me, gycz-y`im(p, �1 pu is iL DATE NAME.'TITLE OF OFFICER-E.G.."JANE DOE.VOTARY PUBLIC" personally appeared, 1i. LAwh6T\5( E personally known to me(or proved to me on the basis of satisfactory evidence)to be the personM whose name(s}is/ar-a- subscribed to the within instrument and acknowledged to me that heh�y executed the same in hisAter/tlteir authorized capacity6e4j,and that by his/Iter/titetr signature(+4 on the instrument the person(,or the entity upon behalf of which the persons)acted,executed the instrument. Kristina Pinero r 0 c Comm.41048604 �rt V `o +�NOTARY PUBLIC Cf L;F; 04:Aig WITNESS my hand and official seal. d6 ORANGE000NTY O�IFOR ' Comm Expro5 Jan.2.1 Cp9 V (SEAL) NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION " TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE (;�T I/�• GiL21��1 !v State of California }_ CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On May 17, 1995, before me Sandra K. Mantik, Individuals Notary Public in and for said State,personally appeared Robert W. Garcin personally known to me, x Corporate Officer or proved to me on the basis of satisfactory evidence Vice President to be the person whose name is subscribed to the within instrument and acknowledged to me that he Partners 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 within instrument. Corporation as a Partner WITNESS my hand and official seal . Other SANDRA K.MANW SIGNER IS REPRESENTING: COMM.t 993M 04My NotaryPublic—Califomla LOS ANGELES COUNTYxptr Comm.Ees APR 28,1997 Greystone Homes, Inc. THIS CERTIFICATE Title or Type of Document ✓l�ovi, MUST BE ATTACHED Number of Pages _Date of Document TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info ATTACHMENT 5 • OBOND NO. 3SM 882 338 00 PREMIUM two years Executed in Duplicate (2) MONUMENT BOND i KNOW ALL MEN BY THESE PRESENTS: THAT Greystone Homes, Inc. as Subdivider of Tract No. 15033 in the City of Huntington Beach,County of Orange,State of . California, has submitted to sold City a Final Map of said tract containing an engineer's or surveyor's certificate Juting that all final monumonts will be set In the positions indicated on or before the date specified in jsaid certificate: That said Greystone Homes, Inc. (Subdivider) as principal;and American Motorists Insurance Company as surety, hbreby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments'within or In connection with sold 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 Seven thousand, Eight hundred and no/100 g 7,800,00 ,in which cum we are held and firmly bound to the City of Huntington Deach, 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 17 th day of May' 19 95 i Gr one Homes, c. as Principal � f B i By: American Motoris Insurance Company as Surety By: py: Wil •am Shupper, Attorney In Fact APPROVED AS TO FORIA: 'GAIL HUTTON.,, City Attorney By Deputy City Attorney S�2 y/?,�" i Ctr1` E �4 ..F. .. At. :` SE'AStiApC314�1N ' < <`< `<>" >?`» > »< <.:.,.,.;.:::..:.....« <« '» « > > `»> <L.P1 .RF...:................K ............ ....... State of California County of Los Angeles On MAY 17 1995 before me, KD Wapato, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ..ee......e...eee........eOee.. behalf of which the person(s) acted, executed the KD WAPATO : instrument. COMM. #1032903 NVLOS NGELES COUNTY WITNESS my hand and official seal. My Comm. Expires)o 24, 1998 ••eeewweeeeeeeee•we0eeeeeeeeeee�e0 I TURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR MAY 17 1995 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) AmericaniVlotorists Insurance Company SIGNER OTHER THAN NAMED ABOVE State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On May 17, 1995, before me Sandra K. Mantik, Individuals Notary Public in and for said State,personally appeared Robert W. Garcin personally known to me, x_ Corporate Officer or proved to me on the basis of satisfactory evidence Vice President to be the person whose name is subscribed to the within instrument and acknowledged to me that he Partners 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 within instrument. Corporation as a Partner WITNESS my hand and official seal 04 Other SANDRA K.MAWK SIGNER IS REPRESENTING: COMM.#993263 Notary Public—California LOS ANGELES COUNTY Greystone Homes, Inc. 04MV Comm.Expires APR 28,1997 THIS CERTIFICATE Title or Type of Document Mov�kM..�a— MUST BE ATTACHED Number of Pages I Date of Document 11' r 5 TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info 1 i • ,--� narionX msunance a means AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******* its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: -Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) —r�**:� k^ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof:, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, anc certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPAN' W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice Preside (OVER) CALIFORNIA - ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 18, 1995, before me, KRISTINA PINERO, NOTARY PUBLIC, personally appeared, H. LAWRENCE WEBB, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(e) whose name(e) istam subscribed to the within instrument and acknowledged to me that he/skteAh"executed the same in his/heNttreir capacity(ies), and that by his/hentheir signature(e'j on the instrument the person(*, or the entity upon behalf of which the persori(s) acted, executed the instrument. °• Kristina Pinero WITNESS my hand and official seal. 0II{{a' Comm.#1048694 ^NOTARYPUDLIC CALIFORNIA" C` ORANGE COUNTY O Foa * Comm Expires Jan.2,1999 (seal) )"NOTARY UBLIC IGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT: MONUMENT BOND DATED DOCUMENT: None NUMBER OF PAGES: 1 SIGNER(S) OTHER THAN NAMED ABOVE:.Robert W. Garcin I ATTACHMENT 6 • �� i • • BOND NO. 3SM 882 337 00 . PREMIUM two years Executed in Duplicate (2) I i i FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California,and Greystone Homes, Inc. (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complet�designated public Improvements,which said agreement,dated_ 19 and Identified as project 15033 .Is hereby roforred to and made a part hereof; and WHEREAS,said principal is required under the terms of said agreement to furnish a bond i for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company as surety, arii held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Six hundred ninety seven thousand two hundred dollars($.697,200.00 ) lawful money of the United States,for the payment of which sum well and truly to be made;we bind ourselves, orlr heirs,successors,executors and administrators.Jointly and severally,firmly by these i j presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, adrinistrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep anti perform the covenant,condition and provisions In the Bald 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 Indemnity and save harfriless'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. i 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 • i fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgmen�rendered. ApFg0'JED AS TO rORLi: GAIL HUTTO14 City Attorney BYs Deputy City Attorney i 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 some shall In anywise affect Its obligations on this bond, and It does hereby waive notice of ang change, extension of limo, alteration or addition to the terms of the agreement or to the wOM or to the spicifications. In witness whereof,this Instrument has been duly executed by the principal and surety above namqld,on May 17 tg 95 Grey one s, Inc. as Principal By ! By ART W. GAR IN,8 CR RY American Motoris s 39(urance Company as Surety By William hupper, Attorney IN Fact By i i i2 > t FERNtA:AFL-P1RPQSE:AGK( ttWLEp�3it�l...N... ......:..:.............................................................................::..::::::::.::::..:......... State of California County of Los Angeles On MAY 17 1995 w. . before me, KD Wapato, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ................ behalf of which the person(s) acted, executed the Aolalpkk KD WAPATO instrument. COMM. #1032903 NOTARY PUBLIC-CALIFORNIA Los ANCELEs COUNTY WITNESS my hand and official seal. IIY Cornrn Expires July 24, 1998 •••••••�o����o�00000�00000000000 i 1 ( 1 ATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT ❑ TRUSTEE(S) MAY 1 7 �995 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On May..17, 1995,before me Sandra K. Mantik, Individuals Notary Public in and for said State,personally appeared Robert W. Garcin personally known to me, x Corporate Officer or proved to me on the basis of satisfactory evidence Vice President to be the person whose name is subscribed to the within instrument and acknowledged to me that he Partners 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 within instrument. Corporation as a Partner WITNESS my hand and official seal Other —SA-ND-RA-K.MANTIK SIGNER IS REPRESENTING: S COMM.f 993263 Notary Public-Califomi4 LOS ANGELES COUNTY Greystone Homes, Inc. MY Comm.Expires APR 28.1997 THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages a-- Date of Document 5 17•qS TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 18, 1995, before me, KRISTINA PINERO, NOTARY PUBLIC, personally appeared, H. LAWRENCE WEBB, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person*) whose name(s) isAafe subscribed to the within instrument and acknowledged to me that hefshetthey executed the same in his/be444eif capacity(tec), and that by hisfi%44 ek signatures;on the instrument the person(&}, or the entity upon behalf of which the person(&) acted, executed the instrument. U +:•. Kristina Pinero 3 48694 WITNESS my hand and official seal. (7. a = Comm. IC CALIFO C ��NOTARY PUBLIC CALIFOANIq!0 L r ORANGE COUNTY (J 'FOR Comm Expires Jan.2,7goo (seal) NOTARY PUBL C SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT: FAITHFUL PERFORMANCE BOND DATED DOCUMENT: None NUMBER OF PAGES: 2 SIGNER(S) OTHER THAN NAMED ABOVE: Robert W. Garcin ATTACHMENT 7 ' I . I • • BOND NO. 3SM 882 337 00 PREMIUM included with Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Greystone Homes, Inc. J (hereinafter besignated as'Principal') have entered into an agreement whereby principal agrees to install i and completb designated public Improvements,which said agreement, dated 19_ . and identified as projear 15033 ,Is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Deach 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 tho City of Huntington Beach and all contractors,subcontractors,laborers,materialrnen 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 Three hundred forty eight thousand, six hundred and no/100 dollars($ 348,600.00 ),for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety%bill 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 arid fees,including reasonable attorney's fees, Incurred by"City'in successfully enforcing such obligation,to be awarded and fixed by(lie court, and to be taxed as costs and to be Included in the judgment thirein 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 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code.so as to give a right of action to them or their assigns In any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null i and void, otherwise it shall be and remain in full force dnd uffuul. Tire surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said a9tuemunt ur tilt:sPUt:iricdtiuns ar:cornpanyiny the same shall In any manner APPROVED AS TO FORM:1 GAIL HUTTON•„ City Attorney 1 By:i I)eput y City Attorney S/L S//gS 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 nambd, on MAY 17 1995 . 1g Gr sto mes, 'InC as Principal y: BERT W. G RCIN, SECFIEET RY By: 15L-e t American Motoris Insurance Company as Surety By: Willi mv Shupper, Attorney IN Fact ... ........ X 'X`.-X-.1-.-.-:: Ch .F...:...:..::..:,::: ►C» - RPU E1CItULpQ;..:.:.:.:...:.......... :.. ......... :...:::.:::::::.:.:...:.::::::..::.::.:::..::. State of California County of Los Angeles On MAY 171995 - before me, KID Wapato, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon ••••••••••........................ behalf of which the person(s) acted, executed the KD WAPATO instrument. COMM. #1032903 NOTARY PUBLIC-CALIFORNIA e LOS ANGELES COUNTY WITNESS my hand and official seal. • My Comm. Expires July 24, 1998 : ••eewewseeeee•eeeee•seeeseeeoeee• (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES 0 ATTORNEY-IN-FACT ❑ TRUSTEE(S) MAY 171995 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT r SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) -- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE State of California } CAPACITY CLAIMED BY County of Los Angeles } SIGNER: On May 17, 1995, before me Sandra K. Mantik, Individuals Notary Public in and for said State,personally appeared Robert W. Garcin personally known to me, Corporate Officer or proved to me on the basis of satisfactory evidence Vice President to be the person whose name is subscribed to the within instrument and acknowledged to me that he Partners 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 within instrument. Corporation as a Partner WITNESS my hand and official seal k Other SANDPA K.MANTA( SIGNER IS REPRESENTING: COMM.i 993263 Notary Public—COU10ml9 LOS ANGELES COUNTY Greystone Homes, Inc. My Comm.E)Piret APR 28.1997 THIS CERTIFICATE Title or Type of Document im cf— MUST BE ATTACHED Number of Pages a- Date of Document y. 1'7• R S TO THE DOCUMENT Signer(s) Other than Named Above DESCRIBED AT RIGHT Other Info CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On May 18, 1995, before me, KRISTINA PINERO, NOTARY PUBLIC, personally appeared, H. LAWRENCE WEBB, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAthey+ executed the same in hisAme4heir capacity(ies), and that by his/heo4kefr signature(oon the instrument the person(s); or the entity upon behalf of which the personM acted, executed the instrument. nero WITNESS m hand and official seal. U , Komm.a 048694 y � Comm.tr`7048694 ^ V ^NOTARY PUBLIC CALIFORNIA) ORANGE COUNTY 0 +uFoa Comm Expires Jan.2.1999 1 (seal) OTARY PUBLIC 64dNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT: LABOR AND MATERIAL BOND DATED DOCUMENT: None NUMBER OF PAGES: 2 SIGNER(S) OTHER THAN NAMED ABOVE: Robert W. Garcin SENT BY 6-12-95 7 51AM JAMES ECONN & CO. .PUBLIC WORKS 9/ 2 ' : ... .......... -Z 3 PRO6UCfiR THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR JAMES ECCNV & CO. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.' 445 South Figueroa St, 36th Floor' COMPAN.19$�A Los Angeles, California 90071-1602 COMPANY EE9--RDINQ.QQVER&GE A Unicare Insurance Co. INSURED 00 PANY Greystone Homes, Tne. . Pacific Greystone Corporation COMPANY 6767 Forest Lawn Drive, Suite 300 I C Los Angeles. CA 90068-1027 COMPANY D j.. THIS 13 TO-CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 1S$VW TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDIGATE0,N01WITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFPITIFiGATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH-POLICIE$,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID cl.Ams, POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA I DATE(MKIDATY)' DATE(MMMONY) Co TYPE OF INSURANCEPOLICY NUMBER FRAIL LIABILITY BODILY INJURY OOP $ _- COMPREHENSIVE FORM I I BODILY INJURY AGG $ PREMISES,'OPERATIONS PROPERTY DAMAGE UNDERGROUND HAZARD I PROPERTY"RTY DAIVIAP�.!�GG EXPLOSION&COLLAPSE f-I F— ---- PRODUCTS:C,.VPLP-TF-r)(Zrn -BI&PD_99MOINED(X;C !11COMQINtFD AGO $ _oNTRAOTORS I PERSONAL INJURY AGG BRQAP'0%W.PROPERTY AUTOMOSILt LIAHtLiTY VLb is BODILY INjUFrf &PPRO I(Per person) ANY AUIO C, ty Attornly! Attorney ALL OWNED AUTOS ,,AIL HUTTON, L Ill- . -y t uty it, BODILY INJURY ALL OWNED AUT09 B y D (Oftr than Private Pa"evVer) (Per wwant) L MIRED AUTOS PROPERTY DAMAGE !s NON-OWNED AUTOS GARAGE LIABILITY I 0 O-D 1 LY INJURY& PROPERTY 0AMil.GE COMBINED EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS r=MPLOYCFIS'LIABILITY EACH ACCIDENT AITHE PAOPMETORJ UE05-1094-01848 10/1/94 1()l 1 19_5 NCL �DISEAsa-POLICY LIMIT 1 1,000,M)n PARTNERS/EXECUTIVE 171I - Gl`vICFAS ARE: 1 )EXCL RiSEA8E-FA0 EMPLOYEE 191 000 jA-m Ur.:9C4W-N ON OF QPFarIATIONDILWA'rIDNSIVEMICLEMPECIAL ITEMS RE: Grpaystone Landing, Huntington Beach SHOULD ANY 09 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLYINdbiII&KY&MI&C Attn: Bruce Crosby 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER AIAMEI)TO THE LEFT, 200 Main St. Huntington Beach, CA 92648 AUTHORIZED U1�zE DRgEPA GA EN AcoodN. �JAMEECONN T&A TWE -z— V • .•1 : a:Ke 'Y::i r Y .:.:,.{.<.nL:y. ... _ 000-jilikit :''u4:�_r. .ss::�}S. �' �«a:ax:x �� :a}:::.;} .xL:vAl1(ulMiooJY. �r�r'a' #,: :t:t:R.:�:;;t°'>� R<f' 3 '2 Y,ct>l:>SR: .•^:.y:Lx ,S%5�'.s L�'�T'a f,:'tit .l�w:a»xN:ax�.v tt.:S.h'•..:�`v e»ua.ga: Sri<;:<a:.ii. w .hf>'.x°x' 7. a�'�:rxxaa»x}.�}.}�..;<:sace$saR,4'f;o't:x�aok'Uk.� abs}x xbeEx•:} ��<l.sii' %a:aw%a. x b>~nrsb�rR THIS CERTIFICATE IS ISSUED AS A aMATTER OF INFORMATION Anderson and Anderson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers , Inc . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 249E Campus Drive COMPANIES AFFORDING COVERAGE Irvine , CA 92715-1683 COMPANY 714-475-4300 A American Int ` I (A(SLIC) COMPANY Graysione Homes , Inc . B Pacific Greystone Corporation COMPANY 6767 Forest Lawn Drive , #300 0 LoE Angeles , CA 90068 COMPANY D !'HIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUEDTOTHE IN BURIED NAMED ABOVE FOR THE POUCYPERIOD INDICATED,NOT W ITH9TANDING ANY HCOUIREME'NT,TERMORCOND)TIONOF ANY CONTRACT OR OTHERDOCUMENT WITH FIE SPECT TO WHICHTHIS CERTIFICATE MAYBE 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 AV PAID CLAIMS_" COI —r--- i POLICY IIR FOTIVE POLICY EXPIRATION LTfl' TYPE OF INSURANCE I POLICY NUMaNR DATE(MMMDm) j DATE(MMIODIYY) LIMRa i t>EPoQRALLIAGILrrY GENERAL AC30P.E0ATE $ 2000000 A X COMUd-RCVALGENERALLIABILITY GL773-6423 12/01/94 11/01/915 PRODUCIS-COMP/OP AGG S -- 1000000 CLAIMS MADE f x OCCUR PERSONAL 6 ADV INJURY i 1000000 OWNER'S&CONTRACTOR'S PROT , - EACH OCCURRENCE S 1000000 6DD1,.INSURED ENDORSEMENT Aiir►:,;;_� — r I I (FIRE DAMAGE(Any one(Ire)I S 600D0 'MEO EW (Any one person) I& 5000 AUTOM9BI11.9LIAJUeR't'--- - I COMBINED SINGLE uMlr �s ANY AU70 ALL OWNED AUTO? AppROV0 AS TO FORM Itdrll® a0DILY INJURY - SCREDULEp TTON, Ci ADIOS GAIL HUty (Per person) $ - City Att;.drne�t HIRED AUTOS By:, Deputy I BODILY INJURY g War aceldent) tJON•OWNED AUTOS i -- I— I PROPERTY DAMAGE g I GAR-AGE LIAMIUTv j AUTO ONLY - EA A •>' S I - ANY AUTO j [OTKHER:Tf1HAN At, — AG0!i RATE '$ 5XCEaS t1ABILRY EACH OCCURRENCE� 3 UMBRELLA FORM I AGGREGATE T $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND STA(UTORY LIMITS sMPLOYERS'LIABLRT EACH ACCIDENT S THE PROPRIETORi I,yOL ; DISEASE•POLICY LIMIT S PARTNERS/EY[CUTIVE " --- OFFICERS ARE: EXCLI — — DISEASE•EACH EMPLOYEES s OTHER I • i I ESCRIPTIOPo r CPsgA' ON0fl.6CAP19NA,NENICt`�' "_ITEMS Certificate Holder ' - 'ipmed Additional Insured as per attached endorsement Project ; C-Toyatone Landing r;}.......... SHOULD ANY of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. PXPIRATION DATE THEREOF, THE INSUINQ COMPANY WILL EN02AVeR"7'e MAIL City of Huntington Beach 30 DAYS WnrFTSN NOTION TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street Y Huntington Beach', CA 9264$ S. DnEP esNNTATIVE 149840000 Attn; j Bruce Cro:bx _ ' , y v .nxWMalt- � :4 �' J� r: S?12(0;4) J)7g�d uos,)aput 7S uosaapa {b 1�'i;:C,T 26-9 -9 :JIS L!�3S INSURED: PACIFIC GREYSTONE CORPORATION COMPANY: AMERICAN INTERNATIONAL SPECIALTY INS . CO , POLICY NUMBER : OLS773-5423 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY , PLEASE READ CAREFULLY . ADD I T I0NAL I NSUREDa - OWNERS , LESSEES OR CON TRACTORS ( FORM B) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART . SCHEDULE Name of Person or Organization : CITY OF HUNTINGTON BEACH , ITS AGENTS, OFFICERS, AND EMPLOYEES- ( If no entry appears above , information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement . ) WHO IS AN INSURED (Section II ) is amended to include as an insured the person or organization shown in the Schedule , but only with respect to liability arising out of "your work" for that insured by or for you . CO 20 10 11 85 Copyright , Insurance Services Office, Inc . 1984 1\ , J INSURED : PACIFIC GREYSTONE CORPORATION COMPANY : AMERICAN INTERNATIONAL SPECIALTY INS . CO , POLICY NUMBER : GLS773-5423 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY , PLEASE READ CAREFULLY . A D D 1 T 1 0 N A L I N S U R E D - 0 W N E R S L E S S E E S OR C 0 N T R A C T O R S ( F 0 R M 8) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART . SCHEDULE �;3me of Person or Organization : CITY OF HUNTINGTON BEACH , ITS AGENTS, OFFICERS , AND EMPLOYEES ; if no entry appears above , information required to complete this or7d <<sement will be shown in the Declarations as applicable to this nd,.. s;ernant . ) WHO IS AN INSURED ( Section 11 ) is amended to include as an insured the person or organization shown in the Schedule , but only with respect to liability arising out of "your work" for that insured by or foi -ou . CD 20 10 11 85 Copyright , Insurance Services Office , Inc . 1984 E'1 FX&OM J112fid-u05.1apuY 7S uos.iapub -9 :IDS LN3S