Loading...
HomeMy WebLinkAboutFinal Tract Map Nos. 14659 and 14978-80 - portions of TT 146 f CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 26, 1997 Mr. Ziyad Abduljawad, President PLC, A California General Partnership 23 Corporate Plaza, Suite 250 Newport Beach, California 92660 The City Council of the City of Huntington.Beach at the regular meeting held December 16, 1996, approved execution of the enclosed subdivision agreements between the city and PLC, General Partnership for Tract Nos. 14659, 14978, 14979 and 14980. Enclosed are duly executed copies of the agreements for your records. Sincerely, Connie Brockway City Clerk. Enclosure: Agreement G:f611owup:agrmt1tr/PLC, Tracts/jc i (Telephone: 714.536.5227) landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs;construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and'performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets,alleys and other improvements, and said work shall be completed on or before two(2)years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one(1)year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code,upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred Forty-Two Thousand Two Hundred Fifty-Four Dollars ($342,254)as prescribed by Section 255.16 thereof,which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond,cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may,during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney;however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until 2 3/kNarh atr ct/11rniss 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 3/k/vartract/1 1/27/96 7. INSURANCE In addition to the workers compensation insurance and CONTRACTOWs covenant to indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers,agents and employees,while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT,and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of$1;000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible"or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30)days prior written notice of CITY;and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 4 3/kNartmct/11/27/96 CONTRACTOR 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 CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR 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 CONTRACTOR's insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. REST OFPAGE NOT USED 5 3/kNartractf1>miss • IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. PLC,a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH,A municipal general partnership;and T/L Huntington corporation of the State of California Beach L.L.C., a Delaware limited liability company) by: PLC Holdings, a California general Mayor partnership(general partner of PLC) ATTEST: by: Paclaco,Inc., a California corporation (general partner of PLC Holdings) /t4t� City Clerk a/-A toll;7 ° By: APPROVED AS TO FORM: Name: Z iyad Abdul j awad Title: President A':.le. City AttorneyFROV/El? By: 6 L&, 4� Name: Christopher C. GibbsINITIATED AND Title: Secretary by: T/L Huntington Beach,L.L.C. City Engineer a Delaware limited liability company (general partner of PLC) by: Lennar Huntington Beach,Inc.a California corporation (managin m ber of T/L tington Beach L.L.C.) By: Name: arc Chasman Title: Vice President By: a. �--�rte-►--- Name: Theresa Pointon Title: Asst. Secretary REVIEWED AND APPROVED: City Admnnstrator 6 3/k/vartractN 1n7i96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page IGeneral Street Construction...............................................................................................2 2 Arterial Highway Improvement..........................................................................................2 3 Guarantee.........................................................................................................................2 4 Faithful Performance and Security.....................................................................................3 5 Indemnification,Defense,Hold Harmless............................................................................3 6 Workers'Compensation Insurance.....................................................................................4 7 Insurance...........................................................................................................................4 8 Certificates of Insurance;Additional Insured Endorsements ...............................................5 9 Attorneys'Fees..................................................................................................................5 3/k1yartract/1 1rni96 aiiuct its obligation on this bona}? d it does hereby waive notice of any suQ;; ange,extension, alteration ' or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on r Nov. is . �9 9= PLC. A California Partnership . as Principal By: see attached signature block By American Motoris s Insurance Com an as Surety By: - Willi Shupper-Attorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON .BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN----- ,- COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE-SAMME IN T HEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON_ BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 ' 9090 n�axt 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 attorney(s)-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) 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, 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 01 day of Jammry , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY t ca.,rne.. W. A. Grauzas, S cr tary by J. S. Kemper, 111, Exec.Vice President (OVER) :`<>><>>' ............ > .... `>`: < > ><` <> > > ':.< `' »><> > 1�4Ff1RI1a`-PUPCS ::' E :..........> 33................................................ . :::::::::::::.................................:........:.::::.::::KN...................................................:.:..:............:.::.:::::::::::::::::::::::::::::...... :::::::::::::::.::.:::::::::::::::::::::::::::: State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER Wersonally 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 instrument. WITNESS my hand and official seal. (SIGNATURE 00 OTARY) 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 FAITHFUL PERFORMANCE BOND / LABOR AND MATERIAL BOND Sherwood -Tract 14659 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner 1 By: '� ". Name: Ziyad Abduljawad Title: Presid t By: Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON C , INC. a California corporation, managing member By: Name: 11 nath n M. e Title: Vi P esident By: Name: Theresa Pointon Title: Asst. Secretary I ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ------- - --------------- State of County of On VN -19C0efore me, G• [� Date Name and Ttle of Officgr(e.g.,"Jane Doe,Notary Public") personally appeared—4 S Name(s)of Sign ) ❑personally known to me—OR—Yoroved to me on the basis of satisfactory evidence to be the p�fson(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, P k'=•[t,'�y KATF1.EE111 A.HE, l.1 t 'i executed the instrument. �m NOTARY PU C"CAUFORN°A <, Orange county WITNESS my hand and official seal. My Comm Expires Aug.22,1997 v � Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: \q _ I!N.CL4 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual CPCorporate Officer LTCorporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ®1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon — Name(s)of Signer(s) %personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))lWare subscribed to the within instrument and acknowledged to me thatfthey executed the same irjbjR6b&their authorized capacity(ies), and that by their signature(s)on the instrument the person(s), MARIALAINARINTONE or the entity upon behalf of which the person(s) acted, Commissbnli1088159 executed the instrument. .A Notary Pubic—Caifornlo Orange county WITNESS my hand and official seal. fvly Comm.ExQaes Feb 19,2000 / / / r Signature ary Pu c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—-::] Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave.PO Box 71B4-Canoga Park.CA 91309-7164 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 s BOND NO. 3SM 890 .121 00 I PREMIUM_ 2,738. %2 Yam. pjWMM PFIEWN FULLY EARNL=n FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and PLC, A California General Partnership . (hereinafter designated as"principal")have entered Into an agreement whereby principal agrees to Install and complete designated public improvements,which said agreement,dated 19_ and identified•as projects 14978 .Is hereby referred to and made a part hereof, and Sherwood WHEREAS,said principal is required under the terms of said agreement to furnish a bond far the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance pany as surety, are held and firmly bound unto the City of Huntington Beach,hereinafter called'City",the penal SUM Of Three Hundred Fourty Two Thousand Two Hundred OilarS(s 342,254.00 ) Fifty Four and No/100ths lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,Jointly and severally,firrrdy by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors,administrators,successors or assigns,shall In all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City%its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this Instrument has been duly executed by the principal and surety above named,on November 15, PLC, A California General Partner siprinCipal By see attached signature block By American Hqtorialts Insurance Co. aS$Urety . B , Y William J. er-Attorney In Fact .By 2 r BOND NO. 3SM 890 121 00 PREMIUM With Performance tkdi, ppFa �1AN F'f.9[- I..Y BARhl��? LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and PLC, A California General Partnership- (hereinafter designated as'Principal')have entered Into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and identified as project 14978 .Is hereby referred to and made a part hereof, and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Tide 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement.and referred to in the aforesaid Code of Civil Procedures in the sum of one Hundred Seventy one Thouaan&tOne Hundred Twenty Seven and Noj1OOths dollars ($ 171,127.00 1,for materials furnished or labor thereon bf any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"In successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be Included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Tile 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise It shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner 1 affect its obligation on this bondood it does hereby waive notice of any ' ' ange,extension, alteration or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on Nov. 15 . 19 96 PLC. A California Partnership .as Principal By: see attached signature block By: American Motori is Insurance Company as Surety By: Willia hupper-Attorney In Fact By: STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON .BEFORE ME,_ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON . BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO.ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, ^vR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES eoso 2 ' $090 ®r= AMERICAN MOTORISTS INSURANCE COMPANY Havre 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 undertakkir&aceeds FIVE MILLION DOLLARS ($5,000,000.00) 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: 'NOTED, 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary 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 William T. 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 - I instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the 4 L'C[•3EC...._�.__ ,._..r.,,'_'r.,- �r,,t,.r c.F:Lr[C instrument. WITNESS my hand and o 'cial seal. c (SIGNATURE OTARY) 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 ABCVE FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND Sherwood -Tract 14978 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Name: Ziya Abduljawad Title: President By: Name: C ristopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTING' B ACH, INC. a California corporatio managing member By: _ & Name: Jon t n M. Jaffe Title: Vie Vresident �,� By: Name: Theresa Pointon Title: Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of • County of C) On �4 10A before me, ��� %jat!!!!�- �. Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared Na e(s)of Signer(s) S ❑personally known to me—OR— roved to me on the basis of satisfactory evidence to be the per on(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), LL �, ��j };c�.;��� U or the entity upon behalf of which the persons) acted, f>: , Cosrrn.tt 1C42486 executed the instrument. 9�� -"; NOTARY Pu2U0•C,�U'GRNA � p• Ny Comn1 Expires P g.22,1997 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document p Title or Type of Document: • Document Date: 1�9 %t Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual 'Corporate Officer Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact El Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - El Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOR ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) IN personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that>14e�5Wthey executed the same irNbia6b&their authorized capacity(ies), and that by dtheir signature(s) on the instrument the person(s), MARIAtAINARWiONE or the entity upon behalf of which the person(s) acted, Comn*don#IMB159 executed the instrument. -,� Notary PubAC—Ca6fomk3 orange county JIWT ESS my hand and official My Comm.Bq*es Feb 19.2000 Signal `�lb OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Too of thumb here l Other: Top of thumb here Signer Is Representing: Signer Is Representing: ®1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 BOND NO._3SM 890 122. 00 a PREMIUM $2,306.00/ 2 YEARS F'mwMM PRE M FULLY EARNEID FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and PLC, A California General Partnership , (hereinafter designated as'principal')have entered Into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and identified-as protect 14979 .is hereby referred to and made a part hereof;and Sherwwoo WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cgmpany as surety, are held and finTdy bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of Two Hundred Eighty Eight Thousand Two Hundred pilarS($ 288,216.00 ) Sixteen and No 100ths lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City",Its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees Incurred by City in successfully enforcing such obligation, all to be taxed as costs and included n any Judgment rendered. 1 The surety hereby stipulates and agrees that no charge,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on November 15, PLC, A California General PartnerWprincipal By see attached signature block By American Moo ists Insurance Co.. aS Surety By William J. er—Attorney In Fact BY 2 BOND NO. 3sM 890 122 00 PREMIUM With Performance rMST TOM PpE� �1.LY EARNED LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership - , (hereinafter designated as'Principal')have entered Into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 . and Identified as project 14979 .Is hereby referred to and made a part hereof, and 3 erwoo WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to In the aforesaid Code of Civil Procedures In the sum of ONe Hundred Forty Four Thousand One Hundred Eight and No/100ths dollars($ 144,108.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,Including reasonable attorney's fees,incurred by'Cite In successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 •altect its obligation on this bons.,n d it does hereby waive notice of any sulange,extension, alteration or addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on Nov. is . 19 96 ?LC, A California Partnership .as Principal By By American M Cori is Insurance Company as Surety By: Wil iM . Shup.per-Attorney In Fact is By: .. STATE OF CALIFORNIA j j SS COUNTY OF ORANGE j ON .BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND r PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON . . BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS.MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA j SS COUNTY OF ORANGE j ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND_ PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INS T RUMEN T T HE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 ' ;090 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 William J. Shupper of Los Angeles, California** its true and lawful agent(s) and attorney(s)-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 undertakai mceeds FIVE MILLION DOLLARS ($5,000,000.00) 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 nay 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 sane 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 knave 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY 0 940�� . 1�a 'u-c-�T—i W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) AFl -PE1P1` 4flO. f ... State of California County of }Lo.'`se JAngeles (. aN" On �.t� t 44 44 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. 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 instrument. WITNESS my hand and offs 'al seal. . (,low (SIGNATURE O OTARY) 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 ABCVE • FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND Sherwood -Tract 14979 PLC, a California general partnership By:. PLC Holdings, . a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: �K��Q A-�'L&i-2� Name: Ziyad Abduljawad Title: PresXdtBy: A� Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON B CH, INC. a California corporation, managing member By: Name: Jo ath n e Title: Vi P esident cn Name: Theresa Pointon Title: Asst. Secretary G. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT w State of County of �/ On \q_ � �before m , Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public") personally appeared Na (s)of Signer(s) S' personally known to me—OR—Nproved 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), KATHLEEN A.HENSLER 'D or the entity upon behalf of which the person(s) acted, * Sr x A IT a - Ccrm.ri 1002486 executed the instrument. �® NOTARY Puauc-CAUFORN IA Orange County W c, INCgnm,FxpiresAug.22,1997 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: \g 1g�4 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: i� Individual ❑ Individual Corporate Officer )—o Corporate Officer Title(s): Title(s): 0 Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact Trustee ❑ Trustee Guardian or Conservator - ❑ Guardian or Conservator Other: Top of thumb here Other; Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 � 4 CALIFORNIA ALL-PURPO E ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g..'Jane Doe.Notary Public') personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) L personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))Ware subscribed to the within instrument and acknowledged to me that they executed the same irtbia6betheir authorized capacity(ies), and that by dtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, MAI AtAWARINION& executed the instrument. Conliftdon•IMS169 NotaryRibloorrIlla �A Orange—� jNEESSmy hand and official se MV Comm.ExpCounty b 9.2000 1r % - Sigriature of Notary Pub OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual E. Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact Ej Trustee ❑ Trustee C Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 SUBDMSION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP FOR TRACT NO. 14659 THIS AGREEMENT is entered into this 16 t hday of D e c 19 A 6 ,by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,hereinafter referred to as "CITY,"and PLC,a general partnership,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use,and is about to file with CITY a map of the tract of land known as Tract No. 14659; 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 225 of CITY'S Zoning and Subdivision Code. NOW,THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 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 1 3/&artract/11/27/96 landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs;construction of domestic water systems including the construction of water mains, lot laterals and installation of meters;engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets,alleys and other improvements,and said work shall be completed on or before two(2)years from the date hereof,and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one(1)year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code,upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Four Hundred Fifty-Seven Thousand Five Hundred Fifty-Three Dollars($457,553)as prescribed by Section 255.16 thereof,which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond,cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may,during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney;however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until 2 31&artracV11rn/96 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 31wartracm 1/27/96 1 • • 7. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY,CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance,including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR,its officers,agents and employees,while acting within the scope of their duties,against any and all claims of arising out of or in connection with the PROJECT,and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability,of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers,and employees as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible"or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30)days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 4 31kNartract/1 1/27/96 CONTRACTOR 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 CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance heremabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies,naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof,each party shall bear its own attorney fees and costs. REST OFPAGE NOT USED 5 3/kNartracV1 1/27/96 IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. PLC,a California General Partnership (comprised of PLC Holdings,a California CITY OF HUNTINGTON BEACH,A municipal general partnership;and T/L Huntington corporation of the State of California Beach L.L.C.,a Delaware limited liability company) 4444 by: PLC Holdings,a California general Mayor partnership(general partner of PLC) ATTEW. by: Paclaco,Inc.,a California corporation (general partner of PLC Holdings) City Clerk 4 di toll?7 � By:2LZ�21 APPROVED AS TO FORM: Name: Ziyad Abduljawad Title: President 11I21City Attorney �„��' �/%�i�, Name: Christopher C. Gibbs INITIATED AND A 7 �P Title: Secretary by: T/L Huntington Beach,L.L.C. City Engineer a Delaware limited liability company / G (general partner of PLC) by: Lennar Huntington Beach,Inc.a California corporation (managing member of T untington Beach L.L.C.) By: Name: JA 'm L4 p-Y� Title: NA -e -NCQ, cQ-,► Y Name:—T-8'teye,-"A Oiv��h Title: AS..:-,A. -,Sec ye- CC,Yq REVIEWED AND APPROVED: ity Administrator 6 3/k/vartmet/11127/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP TABLE OF CONTENTS Section Parse 1 General Street Construction...............................................................................................2 2 Arterial Highway Improvement..........................................................................................2 3 Guarantee.........................................................................................................................2 4 Faithful Performance and Security.....................................................................................3 5 Indemnification,Defense,Hold Harmless...........................................................................3 6 Workers'Compensation Insurance.....................................................................................4 7 Insurance..........................................................................................................................4 8 Certificates of Insurance;Additional Insured Endorsements ...............................................5 9 Attorneys'Fees..................................................................................................................5 3/W artnim 1/27/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP FOR TRACT NO. 14978 THIS AGREEMENT is entered into this 1 _"day of o m,,o , 19q,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,hereinafter referred to as "CITY,"and PLC,a general partnership,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets,alleys,and other improvements therein to public use,and is about to file with CITY a map of the tract of land known as Tract No. 14978; 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 225 of CITY'S Zoning and Subdivision Code. NOW,THEREFORE,in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 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 1 3/kNartracv11rni96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP FOR TRACT NO. 14979 THIS AGREEMENT is entered into this 16 t hday of D e c e m b e r , 19 9 6 ,by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,hereinafter referred to as "CITY,"and PLC,a general partnership,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets,alleys,and other improvements therein to public use,and is about to file with CITY a map of the tract of land known as Tract No. 14979;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 225 of CITY'S Zoning and Subdivision Code. NOW,THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 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 1 3/k/vartract/l 1/27/96 landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs;construction of domestic water systems including the construction of water mains, lot laterals and installation of meters;engineering costs;and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two(2)years from the date hereof,and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one(1)year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code,upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred Eighty-Eight Thousand Two Hundred Sixteen Dollars($288,216)as prescribed by Section 255.16 thereof,which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond,cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may,during the term of this Agreement, substitute - improvement security provided that the substituted security is acceptable to the City Attorney;however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until 2 3/k/vartract/t 1/27/96 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 I 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 3/kNartract/11/27/96 7. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance,including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR,its officers, agents and employees,while acting within the scope of their duties,against any and all claims of arising out of or in connection with the PROJECT,and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible"or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30)days prior written notice of CITY;and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." 4 3/Wartract/1 1/27/96 CONTRACTOR 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 CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR 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 CONTRACTOR's insurance policies,naming the CITY,its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. REST OFPAGE NOT USED 5 WkNartrect/11/27/96 IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings, a California CITY OF HUNTINGTON BEACH, A municipal general partnership;and T/L Huntington corporation of the State of California Beach L.L.C.,a Delaware limited liability company) 44-144 by: PLC Holdings,a California general Mayor partnership(general partner of PLC) ATTEST- by:Paclaco,Inc.,a California corporation - (general partner of PLC Holdings) _ City Clerk a? diL 97 By: APPROVED AS TO FORM: Name: Ziyad Abduljawad Title: Pr sident City Attorney /! 2 QfillBy: Zao-h 1o�P' Name: Christopher C. Gibbs . INITIATED AND O Title: ✓Secretary by: T/L Huntington Beach,L.L.C. City Engineer a Delaware limited liability company (general partner of PLC) by: Lennar Huntington Beach,Inc.a California corporation (managing member of T/L tington Beach L.L.C.) By: Name- Marc Chasman Title: Vice President By. Name: Theresa Pointon Title: Asst. 'Secretary REVIEWE APPROVE City Administrator 6 31k/vaftcVl 1/27/96 SUBDMSION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC, GENERAL PARTNERSHIP TABLE OF CONTENTS Section Page 1 General Street Construction...............................................................................................2 2 Arterial Highway Improvement..........................................................................................2 3 Guarantee..........................................................................................................................2 4 Faithful Performance and Security.....................................................................................3 5 Indemnification, Defense,Hold Harmless...........................................................................3 6 Workers' Compensation Insurance.....................................................................................4 7 Insurance..........................................................................................................................4 8 Certificates of Insurance;Additional Insured Endorsements ...............................................5 9 Attorneys'Fees..................................................................................................................5 i 3/Wartract/11/27/96 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP FOR TRACT NO. 14980 THIS AGREEMENT is entered into this . 16 t flay of D e c e m b e r , 199 6 ,by and between the CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California,hereinafter referred to as "CITY," and PLC,a general partnership,hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS,'SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to subdivide into lots and to dedicate certain streets,alleys,and other improvements therein to public use,and is about to file with CITY a map of the tract of land known as Tract No. 14980;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 225 of CITY'S Zoning and Subdivision Code. NOW,THEREFORE,in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 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 1 UNartmct/t 1/27/96 landscaping; sewers,including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters;engineering costs;and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements,and said work shall be completed on or before two(2)years from the date hereof,and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map,prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one(1)year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code,upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Five Hundred Twenty-Six Thousand Three Hundred Seventy-Eight Dollars ($526,378)as prescribed by Section 255.16 thereof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may,during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney;however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until 2 3/kNartracv1 1/27/96 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 3lktvartract/l 1/27/96 7. INSURANCE In addition to the workers compensation insurance and CONTRACTOWs covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY,a policy of general public liability insurance,including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR,its officers,agents and employees,while acting within the scope of their duties,against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any-other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self-insured retention, or a "deductible"or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30)days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or,any other form of similar type limitation." 4 . &WvartracNi 1/27/96 CONTRACTOR shall maintain the foregoing insurance coverages in force until the work I 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 CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR 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 CONTRACTOR's insurance policies,naming the ClW, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof,each party shall bear its own attorney fees and costs. REST OFPAGE NOT USED 5 3/kNartrawl 1/27/96 IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. PLC, a California General Partnership (comprised of PLC Holdings,a California CITY OF HUNTINGTON BEACH,A municipal general partnership;and T/L Huntington corporation of the State of California Beach L.L.C.,a Delaware limited liability company) by: PLC Holdings,a California general Mayor partnership(general partner of PLC) AT'fE by: Paclaco,Inc.,a California corporation �_ (general partner of PLC Holdings) 7i . City Clerk o2 RUP Q 7 By: �� APPROVED AS TO FORM: Name: Ziyad Abduljawad Title: President City Attorney ►t/1 9 f Name: Christopher C. Gibbs INITIATED AND AP OVED: Title: Secretary by: T/L Huntington Beach,L.L.C. City Engineer a Delaware limited liability company (general partner of PLC) by: Lennar Huntington Beach,Inc.a California corporation (managing member of T/L tington Beach L.L.C.) By: Name: Marc Chasman Title: :Vice Pres 'dnet Y B A"P- Name: Theresa Pointon Title: Asst. Secretary RE VIE APPROVED: ity Administrator 6 31kNartmcU11 n7/96 SUBDMSION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC,GENERAL PARTNERSHIP TABLE OF CONTENTS Section Pare 1 General Street Construction...............................................................................................2 2 Arterial Highway Improvement..........................................................................................2 3 Guarantee.........................................................................................................................2 4 Faithful Performance and Security.....................................................................................3 5 Indemnification,Defense,Hold Harmless...........................................................................3 6 Workers'Compensation Insurance.....................................................................................4 7 Insurance................°.........................................................................................................4 8 Certificates of Insurance;Additional Insured Endorsements ...............................................5 9 Attorneys'Fees..................................................................................................................5 3/k/vartract/11/27/96 >• :.:::..... DATE M1.11DD1YY t'� ... ��i: ��•�. .: ;s::;:.;;:.rr `'-. i .>� ;: � :- �a' ..:>':;;:;isi:>f;t::isi:::;;'.'.:y ;!%:: E:isisi:i:i::ai:i;:? ?:;:i: i:i::i ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rollins Hud i g Ha I I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR of Souther.n California Inc . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 695 Town Center Drive, Ste 500 COMPANIES AFFORDING COVERAGE Costa Mesa, CA 92626 COMPANY 714-641-8355 A Investors Insurance Company _ffs 7ilee,r� �4 d59 COMPANY PLC, A Calif. Gen. Partnership i'r`9-19 B (See Attached) COMPANY �vq 23 Corporate Plaza Suite 250 8a+�1&14192 C Newport Beach, CA 92660 Y�o.bp COMPANY D THIS IS.:T:O.;;:•CERTIFY THATTHE POLICIES OF:INSURANCE .;;LISTED BELOWHAVE BEENISSUE.;:D>:•:TOT :. HEINSURED NAMED ABOVEFOR THE POLICY PERIOD . INDICATED.NOT WITHST.ANDINGANYREOUIREMENT.TERM ORCONDITIONOFANYCONTRACTOROTHERDOCLMENT WITHRESPECTTOWHICHTHIS 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 SHOWNMAY HAVE BEEN REDUCED BY PAID CLAC.AS. co TYPE OFINSUAANCC POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATIONLIMITS DATE(MWDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY GENERAL AGGREGATE = 2,000,000 A X COMMERCIAL GENERAL LIABILITY 1001998 5/09/96 5/08/97 PRODUCTS-COMP/OP AGO t 1 000 ()0() CLAIMS MADE FX]OCCUR PERSONAL fL ADV INJURY = 1 ,000,000 OWNER'S B CONTRACTOR'S PROT EACH OCCURRENCE $ 1 .000.000 FIRE DAMAGE(Any one lire) 1 50,000 MED EXP(Any one person) _ AUTOMOBILE LIABILITY F ,_.•• COMBINED SINGLE LIMIT = ANY AUTO Ciia.Tf, ALL OWNED AUTOS CITY Y BODILY INJURY SCHEDULED AUTOS 3 (Per person) f 3y: HIRED AUTOS BODILY INLLRY NON-OWNED AUTOS D pi C Attorney (Per accident) t PROPERTY DAMAGE f GARAGE LIABILITY AUTO ONLY -EA ACCIDENT : ANY AUTO OTHER THAN AUTO ONLY: ADDI. �i\� �� �i _ ri'.._ L_D EACH ACCIDENT 11 AGGREGATE _ EXCF-SSLIABILITV EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE _ OTHER THAN UMBRELLA FORM _ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABUTY EACH ACCIDENT = THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT III PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE I OTHER DESCRIPTION OF OPERATIONPLOCATIONVVEHICLESISPECIAL ITEMS All Operations of the Named Insured City of Huntington Beach, its agents , officers and employees are named as Additional Insured ger the attached. PERT : ' Tl» « SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE V EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL �MAL City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L FT. 2000 Main St. Huntington Beach, CA 92648 AuTaR REPRESENTATIVE415497000 1:.::.... ..:....... . .. :.:... ,.:. :.:.:.:...:.. :..:::..:,....::.: 00 .:QAA .Iil i�:�C. .�Cf>:G R11'�:r>;;>::;>s>•::»::»>:9:<.;::.:;:>:R:;;:�:;.;:.:.:;:.;:.:>`:`::>:.;:.;;:.;:.;:.;:.>;:.:;.;:;�:::::�rr ::>:::::;:::::::;::;;;;;::•:;?•:;::;.<::;.:;�:.:>;:::<>:::>.:�:::�:;<;;:>;:::•'»:�:{:;:::::y::>:;�>� ..1� Summary of Insurar* Named Insureds PLC, a California General Partnership PLC Holdings, a California General Partnership T/L Huntington Beach LLC, a Delaware Limited Liability Company PLC Land Company, a California Corporation (Management Co.) This information is intended for quick reference only. Please read your policy for specific details, conditions. exclusions and warranties not included herein. pics9697.dw-p&cl shampleland ROLLI S 1" UDIG HALL • i POLICY NUMBER: 1001998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach, its agents, officers and employees 2060 Main St. Huntington Beach, CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 POLICY NUMBER: 1001998 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CANCELLATION BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days 30 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 2. of CANCELLATION (Common Policy Conditions) is replace by the following: 2. We may cancel this Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any other reason CG02121185 12/09/96 17:41 '&714 729 1214 PLC LAND COMPANY y­4 CITY H B @ 002/002 li/09/96 MON 15:59 FAX 71W1540 COMMUNITY DEV'ELOPW 10002 WORKERS'COMPENSAMN DECLARATION 1 hwabV a8hen under penalty of padM one of the(allowing dedeationst O I have and vom matntakt a eetticaste of eonseat to salRasure for worked compenawla t,is provided far by Section 3700*[the labor Coda,for the perfonnarme of the work for which this permit Is Issued. Q 1 have and will mah"n workets eampeasellon insurance,as required by Section 37W d tiro Labor Cede,for the porfannanco of the vmrk for which this permit Is issued.i lyworkea'compensation insurance carder and policy number are: Csinier Policy Number (This section need not be completed it the permit is for one huitdmd dollars(E100)or lase. I certify Butt in the performance or the work(or which this permit is Issued.i shall nw employ?ny person in any manner so as to b.^come sultiect in the vvtvkeri cmApwmilon lams of CalloTiie,and:IW that K 1 should become subject to the vwrkors'compensation provisions of Setlinn 3700 of the Labor Gods.i ahal forthwith comply with these previsions. Date: ApplNednt WAlttt XG: FAILURE TO SECURE WORREPT COMPLW ATION COVERAGE 15 UNIAWPUL, AND'SHALL SUBJECT AN EMPLOYER TO CR" AL PEMALTiCS AND CIVIL FINE$ UP TO ONE WUNDR80 TiiOUSAND 0OU ARS (SIC0.000). iN AMMON TO TKZ COST OF COINPENSATION.DAMAGES AS PRCUMED FOR iN f3C nON 3U&OP Tt M i a m R CODE.INTEREST,AND ATTORNEYS FEES. ' UCEMED CONTRACTOII'S DIECLAPAI TIDN i hereby atfmn under penalty of peduty that I am licensed under provision of Chapter 9(commencing with Section 7000)of Oiviaion 3 of the Susinata and Preftosians Cods,and sty lieanse is in full fares and Meet. License He. Ligon"Class Cenuado► t7ats G 1 am slow truth the licensing as I am a Gained archAtet or a registered professional engineer acting in my professional capacity(Section 7061. srsinew and p4otasslans Cade). e� Lia.at Reg.No. Date S Walt I.not commenced 180 days from data of Issue of this permit.or If wort Is abaitaoetod for more than 180 days.this permit&.toll be null and void. OWNW BUILDER DECLARATION I hereby of nt Under penalty of pcIW that 1 am exempt from Conuattola License taw for the following mason(Section 7031.5.business and Prole-stone Code.Any city or early which requires a pemmil to earmwi.aflor.improve demolisk at repair any structure,prior to Ins issuance,also r"vires Irks applicant for such permit to(Act a signed statement that he or she is licensed pursuant to the provisions of the Contractors License Law (Chapter 8)1commeacing with 8edron 7=1 of Division 3 of the Business and Professions Code)or teat he or she is exempt therefrom and the bars for the alleged exemption.Any violation of Section 7031.S by any applicant for a permit subjects the applicant to a civil penally of not more than rare hundred dollars(15W)4: O 1,as awnsr d the property.or my employees with wages as their sole compensation,will do the work and the trirueture i_viol intended or offered for sate.(Set.7001,Buatness and Professions*ado: C ribactet's License law does not apply la an owner of property who builds or improves thereon. and who does such work hirnmV or herself or through his or bar own employees,provided that ouch improycments are nix intended or offered for tale. 11,havvever,the building or Impremment is said within one Year of camplation,the awnerrouilder Will have the burden of proving that be of sho did not Nu ild or improve far the purpose of sale)1,as owner of the property am exclusively contracting with licensed eommetaa to contort to pro)ett(Sea.70m,liusimWA and Prole:ions code: e Contraclar's License Law does not apply to an w mor of property who builds or improves thereon,and who cuatrach far such projects with a eenVagtor(s)licensed purMsyruant to the Cnntraetare License Law). I am etaMpi tmdorSot. GAP.C.far this f Grater.Data Ill GF 12 (� dO LjXDLNG AMWCT 1 hsrablf ca}fufn alder tsena8y of parlUty that there is a construction tending agency for etc perfammanee of the work for which this permit b Issued(Sea. 7097.M.G)- Lenders Hartur Lenders Address CERTIFICATE Of EXEMPTION FROM WORKERS'COMPENSATION INSURANCE (THIS SECUM NEED NOT BE COMPLETED iF PERMIT IS FOR ONE HUNDRED DOLLARS(5100)OR 1.956) AApIcaril.Done NOTICE TO APPLICANT:R altar snaking this Certificate of&*motion.you should become cub)ect to the Watkert compensation provialwm of the Labor Code,you mutt fortImAh comply with such provWctin,,or this permit shalt be deemed re!eeked- 1 co"IHat 1 haw read Wo application and stato that the above Information Is oorrect.I agree to comply with all city and county ordinances and State Laws rolatl construction,and hereby suiharke representaWas of this county to'enter upon the above-meMionad praporty for inspectiion lies �-� testa+ , CFO t Applicant t f Date G:18UILDINGPORMSICOUHTERiPERMITIB.00C Rev.Dee mbar Is,1995 i. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date: February 24, 1997 First American Title Insurance Company 114 E. 5th Street Santa Ana, California 92701 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 14979 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. 0. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by: Dated: 'Z- -z ^� glfollowup\tractmap (Telephone: 714-536-5227) i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date: February 24, 1997 First American Title Insurance Company 114 E. 5th Street Santa Ana, California 92701 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 14980 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. O. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, Cl City Clerk CB:jc Enclosure Received by: Dated: g:\fol lowup\t ractmap (Telephone: 714-536-5227) F"-V-. CITY OF a-1lJNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date: February 24, 1997 First American Title Insurance Company 114 E. 5th Street Santa Ana, California 92701 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 14978 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. 0. Box 190, Huntington Beach, CA 92648. Sincerely, 1 X Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by: Dated: gAfollowupUractmap (Telephone: 714-536-5227) CITY OF I- UI\JTII\JGTOI\J BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date: February 24, 1997 First American Title Insurance Company 114 E. 5th Street Santa Ana, California 92701 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 14659 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, i Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by: �1, Dated: -2 S -� g:\followu p\tractmap (Telephone: 714-536.5227) i • J. AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby j Civil Engineer Assistant DATE: February 11, 1997 TRACT NO.: 14659, 14978, 14979, 14980 TITLE CO.: First American Title Insurance Co., 114 E 5th St., Santa Ana, Ca. 92660 PHONE NO.: (714) 558-3211 TITLE OFFICER: Ronald J. Gomez I hereby certify that all Public Works requirements have been complied with. /- � 111-2e A�K Bruce P. Cros 23711 r NOTICE OCOMPLIANCE WITH CONDITIONS N ? IONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 12 ' FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. '7lUS PARCEL MAP NO. PARK AND RECREATION FEES PAID:xYES ❑ NO 0.� OTHER: oward Zelefsky Planning Director NOTICE OPCOMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: PZ FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID:XYES $ ❑ NO OTHER: oward Zelefsky Planning Director NOTICE OkOMPLIANCE WITH OONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 2 1-7 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. Hon PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ ❑ NO .08 k. (Q dr" --^ OTHER: for: ward Zelefsky, Planning Director r NOTICE 0000MPLIANCE WITH OONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. �t CSC PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ ❑ ?-TO OTHER: for: oward Zelefskv Planning Director Council/Agency Meeting Held: /a/1 Deferred/Continued to: B'Approved ❑ C nditionally Ap roved ❑ Denied City Clerk's Si tune Council Meeting Date: December 16, 1996 Department ID Number' CD 96-53 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato PREPARED BY: MELANIE S. FALLON, Community Development Director SUBJECT: FINAL TRACT MAP NOS. 14659 and 14978-80, PORTIONS OF TENTATIVE TRACT MAP NO. 14659, WITH BONDS AND AGREEMENTS (SHERWOOD) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Four final maps for 234 single family residential units of Tentative Tract 14659 (Sherwood, a 234 single family residential unit subdivision) submitted by PLC, a General�,Partnership. The property is located south of Ellis Avenue between Gothard and Goldenwest Streets'(Attachment No. 2), are being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map Nos. 14659, 14978, 14979 and 14980 and accept the offer of dedication and improvements and bonds pursuant to findings and requirements (Attachment No. 1); and 2. Approve Subdivision Agreement between the City and PLC (Attachment No. 5) a authorize execution by the Mayor and City Clerk." Alternative Action(s): � The City Council may make the following motion: � A. "Deny Final Tract Map No. 14659, 14978, 14979 and 14980 and not accept the offer o dedication, improvements, and bonds." • REQUEST FOR COUNCIL ACTION MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD 96-53 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660-7912 ENGINEER: Hunsaker & Associates Three Hughes Irvine, CA 92718 LOCATION: South of Ellis Avenue between Gothard and Goldenwest Streets ZONE: Holly Seacliff Specific Plan (Residential-Low Density-7 Units per Acre) GENERAL PLAN: Low Density Residential MAP SPECIFICS: No. of Lots Final Map No. No. of Acres Numbered Lettered No. of Units 14659 11.774 44 10 44 14978 24.022 29 15 29 14979 11.394 63 8 63 14980 14.647 98 14 98 Total 61.837 234 47 234 DISCUSSION: On August 24, 1993, the Planning Commission approved Tentative Tract Map No. 14659 for construction of a 244 detached single family unit project. A revision to the tentative tract map was approved by the Planning Commission on August 27, 1996, reducing the number. of units by 10 for a total of 234 units (Attachment Nos. 3 and 4). The project is a small lot subdivision that conforms to the development standards of the Holly Seacliff Specific Plan. It includes a neighborhood park and a restored wetlands area; the tract and both open space areas will have public access. Final Tract Map Nos. 14659 and 14978-80 represent all of the proposed units in the project. The subdivider has satisfied the Park and Recreation requirement through use of land dedication credits of 4.01 acres within the Bolsa Chica Linear Park. An affordable housing plan for the Holly Seacliff Specific Plan area stipulates that the project contribute to the CD96-53A.DOC -2- 12/05/96 11:52 AM REQUEST FOR COUNCIL ACTION MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD 96-53 requirement that affordable housing units, equivalent to 15 percent of the total units, be provided in the Holly Seacliff Specific Plan area. The requirement for Tentative Tract Map. No. 14659 is 35 affordable units. Per the affordable housing plan, these units must be provided after certificate of occupancies have been approved for 500 market rate units throughout the Specific Plan area, The final maps have been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map Nos. 14659 and 14978-80 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On January 9, 1990, the City Council approved Environmental Impact Report No. 89-1 for the project itself. Attachment(sl: NumberCity Clerk's Page ......... ... ... .................. ........ ....... ........... ............. . ........................_.-...................... ............. ......... ... .... _............. .. . . ......... ............ ................ ... .. .. . ............. . ............ . . _............. .. ... 1. Findings and Requirements for Acceptance of Final Map 2. Area Map 3. Tentative Tract Map No. 14659 with site plan 4. Tentative Tract Map No. 14659 Findings and Conditions of Approval 5. Subdivision Agreements for each Final Map 6. Monument Bond for each Final Map — - 7. Faithful Performance Bond and Labor and Material Bond for each Final Map-- CD96-53A.DOC -3- 12/05/96 11:52 AM i • ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Man: 1. Final Tract Map Nos. 14659, 14978, 14979 and 14980 are in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14659 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bonds and Labor and Material Bonds as presented in Attachment No. 7 b. Monument Bonds as presented in Attachment No. 6 3. Instruct the City Clerk to not affix her signature to a given map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for that map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided to the Department of Public Works; b. A Certificate of Insurance shall be submitted to the Department of Public Works; C. A Subdivision Agreement shall be completely signed and on file with the City Clerk. 1 I i Cl V V 0 if a c FDTNGOL i SEII. wARNSR ' ��•. TAI.AERT nR lye+ q _o i� G+ CARFIIiLD /yoRICrOV/S 1 Ala 12MIANAPOLIS E ATLANTA RAMIXTON SrrE LOCATION WE LOCATION BANNING Aubk TT NO. 14659(R)IC U P NO. 92047(R) HUr TINGTON BEACH PLANNING DIMON r NOTES sour tour urr ',A %' I '; J EVRruM;LAxD US(:vKxf1 LviSrwO laaxL v zEKI-f SF[frC RAN Hztl%x1uL PNOPOZEO I.xix USF.RlBEYxiM,LI OExLiv. 11 1 .. PMM REOUW[rEx,z,O BE xE1 Br 1nxO DCaEA,IOx,1ID � •1 m aui 100405.81 20046)50 y. •.� , ' s �aR+.oa xExisnr'�� I.1 ucwf sPEcrc Rsx.vo 0040540 200.76�23 2A2NI.IN •�.�.."`-�-M• I ti w.nx•xxvrf fairwmu ur:ci,r o»�nmiwclal uEKx...rrn 7/9N4,46 36.fw - sixW.1 lmuaau ur.cnr i amiwrrm u¢x Rm1a 59.z6 .,_i;'j- ---��' I-I-----....---,I-�--' -oxR•;a a•,u,.1 ni 1xKi uxW,m ur PNruE u-ER ,38.04 --_- _ .---- _.---.---- ,�.. ...----,-__---- n uic x"iix it wO.n 11—Eulr,�"i-o-E wri c m a Upnlr _ {T__ __ c _____ -_ -" _ 'r.c xrxmuPxrxlE couv,rr Ty .___.. • '� t� I.Nor p. Ir�_-�-/R/•/'/•1'r N"/,... pL r n A '. P _.::.1 .t* r - ,oral,xU ` s mw,o",ar.ciss i'u c s.�,floE�mv oiiiR � ,0 cu efxr'sfloor RS tl { i - T,R uwK a .a cm:nwxn,xo i1({! illy' -. } ixwt w xa rxue mIo•.xul R -u,e s `, ®1 - •L' xfv IT AL WCNK` AR TITLE lx'S 'u qx -LICITS Ews"':isanxal. s o cox¢ inErlo rn(, i F 5(Fxr OVER 101z C f! I TO 1xr—Of 1 l%I f;l: f//��, r ' ~� ,� �� C7 �''.�•r ],41/.,' I �Ux BEKn fOP U O RU—11 I D— U f O,H I. ; I , / ��t •� ^� , 1 i 1 !P/ 1 I _r.. 01.u .� ' ' U'Jf' i. W 44HE fON O' pp, / + I I ! 1 \ ''� / ' �r, ! • ..ems` I �' ,il�jAI \ ,0 1a.v a i' u - ':x «x u sruui"s1",iaf¢tux 1!I• .� w �•1`' � � ". // j/ /.� - � �$� Ar' n,rorfs sno- nEREox x,r BE,o,usno -pax-�'e r r } '•i yf) TT s a+wxuz,. x 4 fAl I '' 1 I / _/� .../� �l� / • •. •2 f +i'` q /m 'e a i�crc rame.`c"'mr«°xui�,cool.r w unnr• I.1 i Arn c,riolf'OR,oEK,a•1fEx,RERxx • s-_-: �^'a 70017fr \ ',ry • k �(�', r 'n nuRPOSEs MR ui STREETS oinc:ico TO TME"ccn or II,-"/- LAND USE SUMMARY 3345 .. 18 .8 19 ,7.59•. �4 ! / 1 .II.x,� f,.r. ?00059.75 27625.7 i j, /).. , 00 i a `E //'r fP!~/i.:• / i .<..,., ...x,..f 41.3 1 E . ®!.. / ✓' shy'v �� Q� ''. /'i ' ..,.ro.,f.,,sx.:.,,f x.-R., 11< ,y�t a`` - �� /' , ' �J' ,t 4 x2 1 ,I'* f✓�yl., ,; TYPICAL STREET SECTIONS 19990478 - TT 30 LEGAL DESCRIPTION 199746.01 r 1�) � ,/, _ __ � rlxs,war xm,x m xxn •• R u- / wnN is'w::oxu,i 1 17613.19 32.4�9 1 e.� � • ��, (�j '/ �til lij �(!� �� i I'Ca /' \`� #:-: i:i-. .�-. re.� 7 L -•,- cy ,�; cry . r(f7 ,' (�/ �7 ," <� LN ! ° 199667.88 - ? I 5297 " �3 I I� j •' STATEMENT OWNERSHIP OWNERS - ®1 Ij•/ --'- �, _ 7t IIl1; xxv WAS MAR(D Emou 1 ' . Y vc ... _ � 7777 ` RH[IM1FD(I p.f W CpdMi 10 IH iRNL Of MS MV. 7 -.� ' 1 ®1 to 'Oil e° 1� �� io ',✓ / rc,r ro VICINITY MAP 3 �, C7 c's c� ce) ci.. w 1 1® �l. 1 1Q 101 l�+) ®i .I TYPICAL LOCAL Srams 197600.0 - 34, --Lt L 1® ®1 1' le Ol l ' 1�.:: ��i'. / -jB �@ S ".� _ 1 orlonu --- 1600 I c/4!tT i ' -� i .� �- -. .. ,s• �' ... hl,EPnr+Eu pole PleEPnr,[u BY eC 0l —. PLC LAND COWANY ._ . ET cara.nlE n vn E.no ©� 1l If ) •,., [ .1} S .. -. �.. IrW xOR,.fAORSrW ». .�. ... �;1• f.). �: > r:J san.4•ti Ec IT • �� -�- - - _ TENTATIVE TRACT i y` _ awrrsr-yam •yfcvrrur_ - '�"� —_ _ Q 3344 �_ .. - 't. 1 NO. 14659 127937089 110.59 I I99143 12362 E 11 Y1 -... SHERWOOD/ANNANDALE -- �R—ram HOLLY SEACLIFF SPECIFIC PLAN 67.64 PLANNING UNIT 11.1 3 (( r 5 TYMM STREET SECRONS ———————————————— ———ps*'Cl.~-1_ s-�'s�a --•--------•-----� aa�----•------ ann nm rz --L----�- ------- ---t:: - _ -------- _ - --- --------- _-------_-_ ---_-_---- --_-- -----_ fr� N dr. «.-� Mr Wn W Q� Qw, l+. r.• ::...: .`;'``r\ra �l— - ` • � —_ ',. �+ - _ ' 1.•tf�lrla: ��� �� •-'u• Ilyr I '~ V• II =_sM_ YiEz. + '•� � - i!i /t/�' •"e'..d�i�. / �`�` •L'4', • h�. �•1•j �• Y• ...: on..man + `.;� :r dncr utrr; r..',,' ;.�• 1 ,. r" x Lora Snc%p aa T. ,`s `• 1 • �' !t. /`�/ :. �• �. .� / rand^a,mar 1 1; � '� ��„ (+�j • ,y !� tt, - sari� t� �. ./ • 00, ' j 1, \�'�- --::ti; S• 'r, J �' ••l��i 'tJ: •l:� t�j� 7'�}��1���f�9,�i T��'��y `.i-.{�'` �e a�:�+r � } '�1__ _ r'jf 'LrR1! r/!!• ti)a •1P�', i! ' •�' JJyr�'ICI' t �`J.r ...-... I � _ — _ :. ' 'y� , r 1 .!)r r(!!)�••v,a •��`�• lIY! r h!'+): •r�•�•.�, f • u a ~ •. V c J 9 �J 1�I S <. _ yl�: -1R11 /1, +��� :)r IPl h !�!'�. •'t!F f >i / _...._. _ _ VKWITY MAP . ir� Y "C'�r�• �a �j(rl 1(a�lr �lA ,!R)1. •�t1�. 'i*� Jn�/. l, .o ru I1 � ��1�• � k r d! � mnw rmav �- _ l: pr •' a- .t '�'r � al '. �a " 'ir ��i\�-i..mau'a.J,. � r ... : i . 9. - r •. F / PREPARED FOR: PREPARED BY: ' S --�.--- p�l�. yyly v •J,rr n[woco+nn E 1 t rf`� 5REVISED--- ��, (�------ 1 _---------- SITE PLAN TR. 14659 i _ III BB -^�•-�• i, � SHERWOOD/ANNANDALE f .—... I L .••.•. .��^,•_--- I HOLLY SFACIIFF SPECIRC PLAN i ®` -- PLANNING UNIT 11.1 JJ Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 August 30, 1996 PLC 23 Corporate Plaza Drive, Suite 250 Newport Beach, CA 92660 SUBJECT: TENTATIVE TRACT NO. 14659(R)/CONDITIONAL USE PERMIT NO. 92-47(R) (SHERWOOD TRACT REVIESION (CONTINUED FROM THE AUGUST 13, 1996, PLANNING COMMISSION MEETING) PROPERTY OWNER: PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660 REQUEST: Revise Tentative Tract No. 14659, a 244 lot residential subdivision, and reduce the total number of lots by 10 which will result in a 234 lot subdivision. The conditional use permit request includes an eight foot high perimeter wall along Goldenwest Street and Ernest Avenue and approximately 128 linear feet of three foot high retaining wall in the southwest corner of the site. LOCATION: Southeast corner of Ellis Avenue and Goldenwest Street (60 acres) DATE OF ACTION: August 27, 1996 Your application was acted upon by the Planning Commission of the City of Huntington Beach on August 27, 1996, and your request was conditionally approved. Attached to this letter are the Findings and Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. (pcc1058-1) Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds.for the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,200.00 for all other appeals. In your case, the last day for filing an appeal and paying the filing fee is September 6, 1996 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1)year after final approval, unless actual construction has started. If there are any further questions, please contact Mary Beth Broeren, Associate Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scot Hess, AICP Senior Planner - xc: Property Owner Attachment: Findings and Conditions of Approval {� (pcc1058-2) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT NO. 14659(R)/ CONDITIONAL USE PERMIT NO. 92-47(R) FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 92-47(R): 1. The revision to Conditional Use Permit No. 92-47, including the elimination of ten lots and perimeter wall heights along Goldenwest Street and Ernest Avenue of approximately eight to 11 feet will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the subdivision and the revision to delete ten lots will increase the size of 90 of the lots and provide a mix of housing options in the City of Huntington Beach. The proposed project is compatible with the surrounding existing residential housing which is primarily single family detached. The perimeter walls will separated from the street by a 15 foot wide landscape area that will minimize the impact of the walls' height. In addition, there is a 17 acre open space area which consists of 1.6 acres of riparian wetland and a four acre split-level neighborhood park. This open space area will be available to the public and will provide a beneficial amenity to the City of Huntington Beach. 2. The revised 234 lot subdivision will comply with the provisions of Planning Area II of the Holly Seacliff Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed units meet all development standards of the Specific Plan. 3. Conditional Use Permit No. 92-47R for will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential. In addition, it is consistent with the following goals and policies of the General Plan: a. Housing Element which requires a mix of housing types and affordable housing. b. Circulation Plan in the Holly SeacliffMaster Plan and the Holly Seacliff Specific Plan which is the systematic execution of the General Plan. FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 14659 R : 1. Tentative Tract Map No. 14659(R) is consistent with the General Plan and conforms to the Holly Seacliff Specific Plan. I 2. The 60 acre site is physically suitable for the type and density of development. A mass grading plan has been issued which will modify the terrain and create proper drainage for the subdivision. The design of the subdivision and the revision will not cause serious health problems or substantial environmental damage. All potential impacts have been addressed by Final Environmental Impact Report No. 89-1. 3. The design of the subdivision will not conflict with public access easements. The subdivision will provide public access to the 17 acre open space area located within the tentative tract. (pcc1058-3) CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 92-47(R): 1. The site plan and fencing plan dated July 25, 1996 and floor plans and elevations dated June 20, 1996 shall be the conceptually approved layout with the following modifications: a. The minimum interior side yard setback for Lot No. 119 shall be 10 feet. b. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103. c. The common landscape areas, located between a side yard and a street shall generally extend from side yard fence (perpendicular to the rear yard)to rear property line. d. An interpretative kiosk for the restored wetlands area shall be located at the junction.of the trail system, approximately 200 feet south of the lift station. e. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin and connect into the main trail system. 2. All other previous conditions of approval shall remain in effect. 3. Rear walls that face onto the open space/park areas shall be eight inches of concrete curb and five feet, three inches of wrought iron. 4. Prior to issuance of grading permits, the applicant shall obtain:a National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater Permit for construction activities from the Regional Water Quality Control Board. Evidence that the permit has been obtained shall be submitted to the City Engineer, Department of Public Works. (PW) 5. Prior to final inspection, any existing overhead utilities shall be installed underground. (PW) CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 14659(R): 1. The tentative tract map received and dated July 24, 1996 shall be the approved layout with the following modification. a. A common landscape area shall be provided along Ashley Drive adjacent to Lot No. 103. b The common landscape areas, located between a side yard and a street shall generally extend from side yard fence (perpendicular to the rear yard)to rear proplerty line. c. The pedestrian access trail off of Ellis Avenue, shall be located east of the desilting basin and connect into the main trail system. 2. All other previous conditions of approval shall remain in effect. 3. The minimum curb grade on Ernest Avenue shall be 0.50 %. If this cannot be accomplished, a storm drain line will be required. (PW) 4. The following shall be dedicated to the City of Huntington Beach: (PW) a) A public access easement, within the private streets, for park access purposes. b) The upper park site in fee title. c) Access rights in, over, across, upon and through private streets within said tract for the purposed of maintaining, servicing, cleaning, repairing and replacing the water system. d) An easement for Police and Fire Department access over the private streets. (pcc1058-4) i. Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92646 Date: August 27. 1993 a NOTICE OF ACTION Applicant: Seacliff Partners, 520 Broadway, Santa Monica, CA 92608 Subject: TENTATIVE TRACT NO. 14659/CONDITIONAL USE PERMIT NO. 92-47 Your application was acted upon by the Huntington Beach Planning Commission on August 24 , 1993 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal :.is filed to the City Council by you or an interested party. :`.Said -` appeal must be in writing and must set forth in detail the actions `"'. and grounds by and upon which the applicant or interested `party deems himself aggrieved. Said appeal must be accompanied by .a filing fee of five hundred ($500) dollars and be submitted to .the City Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying- the filing fee is September 3 , 1993 Provisions of the Huntington Beach Ordinance Code are such' that .any application becomes null and void one (1) year after final -approval, unless actual construction has started. (7339d-2) I Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 August 27, 1993 Seacliff Partners 520 Broadway, Suite 100 Santa Monica; CA 92608 SUBJECT: TENTATIVE TRACT NO. 14659/CONDITIONAL 'USE PERMIT NO. 92-47 REQUEST: Subdivide a 60 acre parcel into 270 parcels for development of which 244 are for single family detached dwellings . LOCATION: Southeast corner of Ellis Avenue .and Goldenwest Street DATE OF APPROVAL: August 24 , 1993 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 92-47 : 1. The proposed 244 lot subdivision will be compatible with adjacent properties/uses because of compliance with the mitigation measures in Final Environmental Impact Report No. 89-1 and the Holly-Seacliff Specific Plan. 2. The establishment of the 244 lot subdivision will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. 3 . On-site parking and circulation are adequate for 4he proposed 244 lot subdivision and will not have the potential Iof creating congestion and circulation hazards . 4 . Ingress and egress to the site does not have the potential of creating additional traffic impacts to the intersections along Goldenwest, Gothard and Ellis Avenues . 5 . The granting of Tentative Tract No . 14659 and Conditional Use Permit No .. 92-47 for 244 lot subdivision will not adversely affect the General Plan of the City of Huntington Beach. 6 . The location, site layout, and design of the proposed 244 lot subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner . (7340d-2) Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Two 7. The density transfer of 26 units from Planning Unit II-1 to Planning Unit II-2 and 31 units to Planning Unit II-3 is consistent with the maximum density permitted by the City' s General Plan and the Holly Seacliff Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14659 : 1. The size, depth, .frontage, street width, and. other design features of the proposed subdivision for Tentative Tract No. 14659 for 244 single family residential lots are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Low Density Residential and the Holly-Seacliff Specific Plan were implemented. 3 . The General Plan has set forth provisions for Low Density Residential as well as setting forth objectives for the implementation of this type of use. 4 . The site is relatively flat and physically suitable for the proposed density of 50 units per gross acre. Development will be limited in the 17 acre swale area . 5 . Tentative Tract No. 14659 for 244 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 92-47: 1. The site plan, floor plans, elevations and fence plan received and dated August 16, 1993 shall be the conceptually a-proved layout. 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . (7340d-3) Tentative Tract No . 14659/ Conditional Use Permit No . 92-47 Page Three b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict nptural gas and 220V electrical shall be stubbed in at the location of clothes dryers; .natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . d. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . e. Elevations shall depict colors and building materials proposed. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities . g. Entries to private streets shall be delineated by decorative pavement . 3 . Prior to issuance of building permits, the applicant/owner shall complete the following : a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. /,. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. 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 . (7340d-4) Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Four The landscape plans shall be in conformance with Section 9608 of the Huntington Beach Ordinance Code and Holly-Seacliff Specific Plan. The set must be approved by both departments prior to issuance of building. permits . Any existing mature trees that must be removed shall be replaced at a minimum 1 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the pr.oject ' s landscape plan. The landscape plans shall reflect the overall theme established by the riprarian wetland restoration design. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . d. Hydrology and hydraulic studies shall be submitted for Public Works approval . e. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a. copy filed with the Department of Community Development . f. Provide enhancement treatment (pavement and edges) for local street crossings of swale area . g. 'Provide an overall infrastructure and tract phasing plan. h. Common landscape areas shall be landscaped, or a bond shall be posted, by phases . i . The applicant shall be subject to an Affordable` Housing Plan as required by the Holly-Seacliff Specific Plan; 4 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 5 . 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. 6 . Installation of required common area landscaping and irrigation systems shall be completed prior to final inspection of each phase. (7340d-5) Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Five 7 . 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 wgrk is completed for the day; c. Attempt to phase and schedule construction activities to avoid high ozone- days (first stage .smog alerts) ; d. Discontinue construction during second stage smog alerts . 8 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays. 9 . Conditional Use Permit No. 92-47 shall become null and void unless exercised within two (2) years of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL - TENTATIVE TRACT NO. 14659 : 1. The tentative tract map received and dated August 16, 1993, shall be the approved layout . 2 . The following conditions are required to be completed prior to recordation of the Final Map unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act : a. Irrigation for landscape areas shall be designed to connect to future reclaimed or subpotable water supply,, to the extent allowed by the State Department of Health Services and to the extent required by Development Agreement No. 90-1 as determined by the City Engineer. b. The developer shall submit for review and approval by the Public Works Department, separate, 24" x 36" water improvement plans, showking service connections to all lots, fire hydrants, valves and other appurtenances. (7340d-6) Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Six c. The water system shall be located within vehicular travelways and shall be dedicated to the City. The Homeowners Association shall be responsible for repairing an enhanced pavement if the water facilities require repair or maintenance. d. An approved backflow device shall be installed on each domestic water service per Public Works Standard Plan No. . 609 . e. Sewer systems within private, interior tract streets shall be owned and maintained by the homeowners association. f. Sewer systems serving other properties outside the subject tract shall be dedicated to the City of Huntington Beach with appropriate easements for maintenance. g. Interior street and utilities therein shall .be designed and constructed in accordance with the Department of Public Works Standards . h. Signing, striping, and street lighting shall be -designed and constructed in accordance with Public Works Standards . i . Rear lot lines shall be straight lines rather than curves, wherever possible, as determined by the Director of Public Works . j . All vehicular access rights to Ellis Avenue, Goldenwest Street .and Gothard Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. k. Interior streets shall have minimum 200 foot centerline radii . 1. Open spaces areas, other than the upper 2 acre!,dedicated park, shall be maintained by the Homeowners Association. m. Gothard Street shall be dedicated and fully improved (full width) along the boundary of this tract, per the Holly Seacliff Specific Plan. n. 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 . (7340d-7) Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Seven o. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of said map in a . manner described in Sections 7-9-330 and 7-9-337 of the Orange . County Subdivision Manual, Subarticle 18 . .p. All existing and future utilities shall be installed underground, with the exception of 66KV lines . 3 . Fire Department requirements are as follows : a. Access (minimum of 24 feet in width) must be provided off Ernest, Gothard and both outlets off Ellis Avenue. b. Approximately thirty (30) fire hydrants will be required for the April 26, 1993 plan submittal. c. Both sides of "A" street are required to be a : minimum of 20 feet wide. d. The emergency access shown off Ellis Avenue must be Fire Department minimum of twenty-four (24) feet in width. e. Units on all "flag" type or other lots which may hinder Fire/Rescue access must be automatic fire sprinklered unless fire equipment access requirements have been approved by the Fire Department and are provided pursuant to Section 10 . 203 and Section 10 .205 of the 1991 Uniform Fire Code. f. "Building address numbers for each unit must be a minimum of four (4) inches in size per Fire Department Standard 428 and in an unobstructed location which can be easily viewed from the street. g. Any fire access gates proposed to be installed,,must comply with Fire Department Specification 403 . h. Prior to release of building permits , all mitigation measures for compliance of oil, methane and environmental Fire Department Specifications 422, 429 and 431 must be completed. i . A fire protection plan shall be submitted and approved by the Fire Department prior to the release of the first building permit . j . Prior to issuance of any grading permits, a fuel modification plan and program per Orange County Fire Department Standards shall be approved by the Fire Department . The plan shall show the special treatment to achieve an acceptable level of risk in regard to the exposures of structures to flammable vegetation (7340d-8) i • Tentative Tract No. 14659/ Conditional Use Permit No. 92-47 Page Eight and shall address the method of removal and installation, .whether it be done mechanically or hand, and what provisions will be made for its continuous maintenance. Other Fire Prevention/Mitigation .Measures may also be required such as, class "A" non-combustible roofs, protected attic/crawl space vents, reduction or elimination of exterior combustible construction, residential interior fire sprinkler systems, and double glazed windows . The fuel modification shall be approved prior to the issuance of building permits, and completed prior to the issuance of applicable use and occupancy permits . 4 . At least 60 days prior to recordation of the final tract map, CC&R' s shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R' s shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners ' Association. 5 . Model home complexes shall be permitted per Subdivision Map Act Section 66499 .30 prior to recordation of a final map. I hereby certify that Tentative Tract No. 14659 and Conditional Use Permit No. 92-47 were approved by the Planning Commission of the City of Huntington Beach on August 24, 1993 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams, Secretary Planning Commission by: 1 Scott Hess /I Senior Planner (7340d-9) sfi BOND NO._3SM_ -890 12400 PREMIUM $4,zli.00l 2�YF"S ' IM?A PIIE" FULLY EARNED FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and PLC, A California General Partnership , (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19_ . and identified-as project 14980 .Is hereby referred to and made a part hereof, and erwoo WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cgmpany as surety, are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal SUM of Five Hundred Twenty Six Thousand Three Hundred ��dollarS($ 526,378.00 Seventy Eight and No looths lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City",Its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain In full force and effect As a part of the obligation secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,Including reasonable attorney's fees Incurred b;"Ci ;;s;�zc�ss'J-,r.enforcing such obligation, all to be taxed as costs and included in any judgment rendered-. 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this Instrument has been duly executed by the principal and surety above named,on November 15, 19 9fi , PLC, A California General PartnersRrinClpal By see attached signature block By American Mo rists Insurance Co. as Surety By William J. per-Attorney In Fact By 2 BOND NO. 3SM 890 124 00 PREMIUM With Performance P Pt 'f TLR�'1 PPIE M FULLY EARNED ' LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California,and PLC, A California General Partnership (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 1 g . and'identified as project 14980 .is hereby referred to and made a part hereof, and Sherwood WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures In the sum of Two Hundred Sixty Three Thousand One Hundred Eighty Nine and No 100ths dollars ($ 263,189.00 1,for materials furnished or labor thereon-of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,Incurred by'City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. _ Should the condition of this-bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall In any manner 1 auect its obligation on this bW, d it does hereby waive notice of any sud nge,extension,alteration ar addition. In witness whereof,this Instrument has been fully executed by the principal and surety above named,on Nov. 15 •19 96 PLC, A California Partnership , as Principal By: see"attached signature block By: America Moto sta Insurance Company as Surety By: - Wi i J. Shupper-Attorney In Fact i.. By: STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON .BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND f PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON . . BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE SAME 1..4 T,uE!R AUTHORIZED CAPACITIES, AND THAT 6Y THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE.ENTITY UPON BEHALF OF WHICH THEPERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 t090 narma �Ilcmrawg AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the Anerican .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 undertakinE.egceeds FIVE MILLION DOLLARS ($5,000,000.00) 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 tine 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 sane 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 forte and effect: 'NOTED, 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, 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 01 day of ,January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary 5y J. S. Kemper, III, Exec.Vice President (OVER) ;O.f�;:f3F�ItAL�E:I�I�OSL: .OKNfJ. State of California County of Los Angeles On k��'�' '�`' - 1 before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally.appeared William T. Shupper NAME OF SIGNER O Personally known to me - 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 instrument. WITNESS my hand and official seal. �j hxd�o (SIGNATURE OTARY) 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: 1��r. i :�`> l DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE FAITHFUL PERFORMANCE BOND LABOR AND MATERIAL BOND Sherwood -Tract 14980 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner \ r\\ an-, Name: Ziyad Abduljawad Title: - President By: ---� Name: Ch stopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BEACH, INC. a California corporation, managing member By: Name: Jon th M. Title: Vic P esident Name: Theresa Pointon Title: Asst. Secretary 6L1- L'�D''`i n11�eV CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ---------------- State of —OL County of On la , ( .before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appearedckmk me(s)of Signer(s) ❑personally known to me—OR Ap proved to me on the basis of satisfactory evidence to be the per on(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 J _ his/her/their signature(s) on the instrument the person(s), tom~ KkThiEN A. NEt'.SIfR or the entity upon behalf of which the person(s) acted, c Tom . - Co'm1•it ICO2�4'A executed the instrument. .>-60•c� NOTIMY F1:SL'C-CNI--FOR."M q< �'�`s "' Oraege Cotjr y 2) 0\ My Corm noses Aag.22,1997 -' WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: c.v5 0 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual %ZX- LF Officer N.�O Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact El Trustee ❑ Trustee _ ICio if ❑ Guardian or Conservator - ❑ Guardian or Conservator iJ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ®1994 National Notary Association•8236 Remmet Ave..PO-Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827 6ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) L personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me thatfthey executed the same ir�their authorized capacity(ies),and that by ytheir signature(s) on the instrument the person(s), MARIAIAINARWONE or the entity upon behalf of which the person(s) acted, COnlmbsioni1088159 executed the instrument. -p Notary Public—Caiffornio orange county WITNESS my hand and official seal. My Comm.Expires Feb 19,2000 Signs Nola Pu is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Individual Individual Ell Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General El Partner—❑ Limited ❑ General 1-21 Attorney-in-Fact E! Attorney-in-Fact Trustee ❑ Trustee VII Guardian or Conservator G Guardian or Conservator r Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 994 National Notary Association"8236 Remmel Ave-.P.O.Box 7184-Canoga Park.CA 91309.7:84. Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 OOND NO. 3SM 889 881 00 PREMIUM L152.00/ 2 YEARS MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 14659 in the City of Huntington Beach,County of Orange,State of Sherwood California, has submitted to said City a Final Map of said tract containing an engineer's or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said 'certificate: That said PLC. A California General_ Partnership (Subdivider) as principal, and American Motorists Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Nineteen Thousand and No/100ths $ 19,000.00 .In which sum we are held and firmly bound to the City of Huntington Beach, all In accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 15th day of November . 19 96 PLC, A California General Partnership as Principal see attached signature block By- By: ~ Am_ ican or s .Insurance Company as Surety 4illt Shupper-Attorney In Fact By%�__� 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 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 pprovided the amount of no one bond or undertakintg,ezceeds FIVE MILLION DOLLARS ($5,000,000.00) 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY r naus�S r erne. W. A. Grauzas, S cr Lary by J. S. Kemper, III, Exec.Vice President (OVER) 1Y0F.d t 1X):L ::P ARP... C1CI1i:::1({tl ..::..:.::::.:.::.....:.:::::::....................... ......... ......... .:::::::::::::::.:::::::::::::._:::::......:::::.:::........ State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William 1. Shu121er 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 instrument. WITNESS h and official seal. &my &�6 2 (SIGNATURE O OTARY) 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 MONUMENT BOND Sherwood -Tract 14659 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Name: Ziyad Abduljawad Title: President By: �� Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON ACH, INC. a California corporation, managing member By: Name: J na an ffe Title: President B i � Name: Theresa Pointon Title: Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of O .�u�►�.:._ On before me, Q.• Date % Name and Title of Officers e.g.,"Jane Doe,Notary Public") • personally appeared 13 Name(s)of Signer>rl c ❑personally known to me—OR)dproved to me on the basis of satisfactory evidence to be the erson(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, KATHLEi� Coxm.##1002486 A.HENSIER executed the instrument. ;x r NOTARY pL•3UC-CALIFORNIA orate County �._ 611CT,vcpi•e&fug.22,1997 WITNESS my hand and official seal. Signature of Notary Public _ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ((�� Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer )ECorporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee El Guardian or Conservator ❑ Guardian or Conservator ElOther: Top of thumb here ElOther: Top of thumb here Signer Is Representing: Signer Is Representing: ®1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g..'Jane Doe.Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) [X personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))IWare subscribed to the within instrument and acknowledged to me that>4ees (they executed the same ird�'their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, MARIAIAINARINTONE executed the instrument. Commbslon# W8159 -d NotcryPjAc—Cdfomlo oicourity E S my hand and official seal. MY Comm Explrea Feb 19.2MO _ Signatu' ublic O T/ONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact D. Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O Boa 7184-Canoga Park,CA 91309-7184 Prod No 5907 Reorder:Call Toll-Free 1-800-876-6827 11CO" ND NO. 3SM 889 878 00 PREMIUM $336.00 j 2 YEARS MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 14978 In the City of Huntington Beach,County of Orange, State of Sherwood California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC. A California General Partnership (Subdivider) -as principal, and American Motorists Insurance ComRany as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Fouty Two Thousand and Noj100ths $ 42,000.00 .In which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 15th day of November . 19 96 PLC, A California General Partnership .as Principal By: see attached signature block . By: �At4y-rican 4tqristg,4nsurance Company as Surety By:q. - r & -J Shupger=Attorney In Fact Bv: o�ramn 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 attorney(s)-in-tact, 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) 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY sI _ W. A_ Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) r State of California County of Los Angeles On '' ` •'� before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. Shupper NAME OF SIGNER OPersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the.person(s) whose name(s) is/are Ccocc ci subscribed to the within instrument and C:cfccCOC.�CGOCr7o0:;000%riuc'OOCOOOG acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), s 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 instrument. WITNESS my hand and official seal. (SIGNATURE OF. TARP) 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 ABCVE MONUMENT BOND Sherwood -Tract 14978 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner N 1 By: Name: Ziyad Abduljawad Title: Pres ident By: Name: Christopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON 4EACH, INC. a California corporation, managing member By: Name: JV M ffe Title: res nt By: J� P� � Name: Theresa Pointon Title: Asst. Secretary 4 �sf �.q1- t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On \°k,101't'L(rbefore me, C► . `� .�.. Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Z� • Name(s)of Signer( S ❑personally known to me—OR-roved 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 behalf of which the person(s) acted, "Lc executed the instrument. KATHLEEN! . NEB SiER 1 <1 Comm.41C42:,36 NOTARY fL5UC•CILFoRtifi WITNESS my hand and official seal. aracge County Mi Corm Exciras P,wg.22,1997 1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: �q . �q� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer C?Zorporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _IC El Trustee El fit Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here r._1 Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Tale of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) LX'personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))iWare subscribed to the within instrument and acknowledged to me thatXyj��they executed the same irtbjg&gvjtheir authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, MARIAIAINARINIONE executed the instrument. Corru mon# ON159 }� -d Notary AJW0—CagfornlaOrm WI ESS my hand and official deal. MY Comm.EQr88Feb 19.2oo r - --- Signature ry PubGc. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O-Box 7184-Canoga Park.CA 91309-7184 Prod No 5907 Reorder:Call Toll-Free 1-800-876-6827 orOND NO. 3SM 889 880 00 ` PREMIUM $168.00/ 2 YEAR MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 14979 In the City of Huntington Beach,County of Orange, State of Sherwood California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified In said certificate: That said PLC. A California General Partnershin (Subdivider) as principal, and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of Twenty One Thousand and.No/10Oths $ 21,000.00 , in which sum we are held and firmly bound to the City of Huntington Beach, all in I 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 15tn day of November PLC, A California General Partnership as Principal By: see attached signature block By: American Mc�,toristq Insurance Company as Surety Br..._. Willia hupper-Attorney In Fact 6y:l� C • • 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 William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-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 dead: Any and all bonds and undertakings pprovided the amount of no one bond or undertaking.exceeds FIVE MILLION DOLLARS ($5,000,000.00) 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) J ` ` >�� �r�le�tr,�:: �-t�>��.Is�:A�KNc�.Sul .....1�.... '......................................::::::::..::::::....::::::::::::::::::::::.,.:::::.::..........:................. State of California County of Los Angeles On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. Shupper NAME OF SIGNER ■Personally known to me - 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 instrument. WITNESS my hand and official seal. dL LILZ (SIGNATURE OTARY) 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 ABCVE MONUMENT BOND Sherwood -Tract 14979 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Name: Ziyad Abduljawad Title: President By: _//Nl Name: Chnstopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTING' B , INC. a California corporation, managing member By: Name: Jon tha Title: Vic Pr sident Name: Theresa P inton Title: Asst. Secr tary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of County of Ny4 Ij T�On foefore me, a,� , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Name(s)of Signer(s s ❑personally known to me—OR proved to me on the basis of satisfactory evidence to be the person( ) ` 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, KATHLEE I tt." 1k& A executed the instrument. comm.a 1cJ2tsv noTawP6uc �ury�� WITNESS my hand and official seal. `SV-Q Orange Courty My Comm.Expires Aug..22,19 V Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: t°S . lalot L Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual � 'orporate Officer hCorporate Officer Title(s): Title(s): Ej Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator ElGuardian or Conservator ElOther: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 _before me, Marialaina Rintone Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) LX personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))IWare subscribed to the within instrument and acknowledged to me thattthey executed the same irtheir authorized capacity(ies), and that by their signature(s) on the instrument the person(s), MAMALAINARIWONE or the entity upon behalf of which the person(s) acted, ConN1088159 executed the instrument. }� -w Notary Publa—ccaornki Orange Counly TNESS my hand and officialseal. MY Conm E>q�lre$Feb 19,2000 ; i Signatur of Nola ubf OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Aye.P.O.Box 7184•Canoga Park,CA 91309-7184 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 qOND NO. 3SM 889 879 00 PREMIUM $144.001 2 YEARS MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No. 14980 In the City of Huntington Beach,County of Orange, State of Sherwood California, has submitted to said City a Final Map of said tract containing an engineer's or surveyors certificate stating that all final monuments will be set In the positions Indicated on or before the date specified in said 'certificate: That said PLC. A California General Partnership (Subdivider) as principal,and American Motorista Insurance Comnanv as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said trace as are not already set prior to the recording of said Final Map�Irnroaccordance o with said map and said certificate up to but not in excess of the sum of Eighteen Thousand 1. $ 18,000.00 , in which sum we are held and firmly bound to the City of Huntington Beach, all In accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 15 th day of November . 19 96 PLC, A California General Partnership , as Principal By: see attached signature block . By: Americaq Motorists Insurance Company as Surety -- - -, WilwoILTL Shupper-Attorney In Fact By:-L AMERICAN MOTORISTS INSURANCE COMPANY Florae 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 pprovided the amount of no one bond or undertakingesceeds FIVE MILLION DOLLARS ($5,000,000.00) , 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, 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 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) s State of California County of Los Angeles Nz0V I 5 . . On before me, A. Melendez, Notary Public, NAME,TITLE OF OFFICER personally appeared William T. 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 behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. . 1A&n&) (SIGNATURE 6 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 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABCVE MONUMENT BOND Sherwood -Tract 14980 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner Y / Name: Ziyad Abduljawad Title: President By: I Name: dfiristopher C. Gibbs Title: Secretary By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company By: LENNAR HUNTINGTON BE H, INC. a California corporation, managing member By: Name: Jon th M. e Title: Vvic6 P esident Name: Theresa Pointon Title: Asst. Secretary tcYne'J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On M, Ickcit_before Date �, Name and Title of Officer(e.g.,"Jane Doe,Notary Public") • personally appeared bs Name(s)of Sign Ks) Crob ❑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), MID KATHLEEN A.HE'SIER g or the entity upon behalf of which the person(s) acted, 3 z tk Comm.#1002'.86 executed the instrument. NOTARY PUBUC-C JJ;ORNUI Oranga County �1 04✓ �ticanm E,cc:esArg.22,1997 -` WITNESS my hand and official seal. J Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1� Document Date: dal - l t. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ?,Qorporate Officer PCorporate Officer Title(s): Title(s): ❑ Partner—I❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee _ ❑ Guardian or Conservator - ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Le 8-2- P p;;_;;2 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 18, 1996 before me, Marialaina Rintone Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared Jonathan M. Jaffe & Theresa Pointon Name(s)of Signer(s) 9 personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s))Ware subscribed to the within instrument and acknowledged to me that they executed the same ir�their authorized capacity(ies), and that by their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, cortunfaslarl/10881b9 executed the instrument. -e Notary PjM—CcMfomto' p Orrngecowdy WITNESS my hand and official se My Comm.Expires Feb 19.MM i Signa Nota Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee V[Li❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309-7184 Prod No.5907 Reorder:Call Toll-Free 1-800-876-6827 BOND NO. 3SM 890 123 00 PREMIUM $3.660.00/2 yL .. t FiR�TIMM PREMKM FULLY EARNEn FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership (hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install and complete designated public Improvements,which said agreement,dated lg__...o and identitied'as project 14659 .Is hereby referred to and made a part hereof, and Sherwood WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and American Motorists Insurance Cqmpany as surety, are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal Sum of Four -Hundred Fifty Seven Thousand Five Hundred jollars($ 457,553.00 Fifty Three and No/100ths lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that If the above bounded principal,his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abidd by,and well and truly keep and perform the covenant,condition and provisions in the sold agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and In all respects according to their true intent and meaning,and shall Indemnify and save harmless*City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,Including reasonable attornaVit The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall In anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on November 15, 19 gam, PLC, A California General PartnersytPrinCipal By see attached signature block By American 44torists Insurance Co. aS Surety By Willi m Shupper-Attorney In Fact By 2 BOND NO. 3SH 890 123 00 PREMIUM With Performance MaTiERM pFIEMMM ALLY EARNED ' LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, A California General Partnership- (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public Improvements,which said agreement,dated 19 .and Identified as project 14659 .is hereby referred to and made a part hereof,and Sherwood WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with.the City of Huntington Beach to secure the claims to which reference is made In Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California Now,therefore,said principal and the.undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures In the sum of Two Hundred Twenty Eight Thousand Seven Hundred Seventy Seven and Noj100ths dollars ($ 228,777.00 1,for materials furnished or labor thereon-of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by*City,in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the Judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns In any suit brought upon this bond. _ Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1