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HomeMy WebLinkAboutFinal Tract Map 14740 - Tentative Tract Map 14740-Seabridge r Recording requested by, Recorded in the County of Orange, California and when recorded return to: Gary L. Granville, Clerk/Recorder Connie Brockway,City 1111111111111111111111111 Jill1111 No Fee Office of the City Clerk Clerk 19990585119 09;27am 08/11/99 CITY OF HUNTINGTON BEACH 005 15017263 15 48 P.O.Box 190—2000 Main Street 5 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington-Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on May 24, 1999, the.City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section l 255.22(A), the improvements for public use. i Q Further, the public improvements for the subdivision(s) have been dedicated to the City a� of Huntington Beach, as described on Final Map No. 14740. 1C N� Public improvements constructed consist of the domestic water system and appurtenances within the private streets. This document is solely for the CITY OF HUNTINGTON BEACH of icisl business of the City of l-lurat -mulwoin : •r-ach, as contemn- � 1 plated parade.Government Code Sec. B1©3 and should be recorded by: City Engineer free of charge. t by: Gail Hutton r-1 The foregoing Instrument Is 8 correct City Attorney 6/2�9y Tax-Exempt-Government Agency copy of-the original on file in..this office. CITY OF HUNT3P9WOMBEACI-I o to BrocMjq,city Clerk AttestLie At A 17 CONK. 13ROCKWAT 13Y City Clerk and Ex-officio Clerk of the City putt'City C1®rk Council of the City of Huntington Beach, Califo ' By rn Deputy I have received Guarantee and Warranty Bond No. 149 32 18-M, Insurance Company of the West for Seabridge Group LLC. i Re: Tract No. 14740—e/Beach Blvd, s/Adams Avenue. Item E-8 approved on June 21, 1999. Dated: 6_30-`� By: BOND NO. 149 32 18—M PREMIUM i i i I dUARANTEE AND WARRANTY BOND WHEREAS, 'SEABRIDGE GROUP LLC as a Principal,and INSURANCE COMPANY OF THE WEST .a corporation organized under the taws of the State of CALIFORNIA I • i and duly aulhorized,to 4 bu4ess in the State of Califomia,as Surety,are held and firmly bound unto It City of Huntington Beacf,Califomia,as('Nigee,in the penal sum of FOUR THOUSAND, SIX HUNDRED DOLLARS AND NO/00.-------- ' representing 1f)pertaent of the contract price I entered into between the Principal and Obligee,to which payment well and truly to be made we do bind , i ourselves,and each of our heirs,executors,administrators,successors and assigns jointly and severally.! 1 WHEREAS,the said principal entered into a contract with sai-4>-0bligee,dated MAY 1 . 19 9 7 for worlr desciibed as follows: ' TRACT #14740 i I i WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant fbr the period of one year after completion of ftre work and-acceptance thereof by the Obligee;against all defects in workmanship and materials during said one year period. i WHEREAS,said work has been completed,and accepted by Ogee on FEBRUARY 12, 1999 , NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the • j Obligee for ali foss ttiat the ObNee may sustain by reason of any def dv--rna.tedais or workmanship j i j which become apparent;during the period of one year from and after date of completion of work and acceptance thereof by obf+gee'. r In Of 6s wrWreof,this Instrument has been duly executed by the principal and surety j above named.on JANUARX 29, 119 99 APrRO _; IO Ci?b`::• C1�Tli i; l'n^ii �11(�'y .l�t;tOT[18i7. 0AB ID E G OUP LLC Do t< Ci V Z' �i �tter.a.e • I as Principal B y: , B} 'INS OF THE WEST By as Surety I / C. LTY, ATTORNEY IN FACT , I ' I 1 I � STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On JANUARY 29, 1999 ,before me, VERONICA L. PRATT, NOTARY P )BT,I(' PERSONALLY APPEARED MATTHEW C. WELTY, ATTORNEY IN FACT 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 acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacit,y(ies), and that by his/her/ their signature(s) on the instn)ment the person(s), or the � _`�` ; entity upon behalf of which the person(s) acted, executed d Cry rA. P-?Ai I v ljj the instrument. :f ✓• r i 4 23 % C2 if WITNESS Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUME14 T nnE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) . ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT HIES) SIGNER(S)OTHER THAN NAMED ABOVE ID-091 [lev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ALL-PURPOSE ACKNOWLEDGMENT F State of California • County of n rnA nj e SS. ' On Gh before me, , • (DATE) (NOTARY) I personally appeared 'Lh 6,e. I �z i r) I SIGNER(S) ' ❑ personally known to me - OR- ,,& proved to me on the basis of satisfactory ' • evidence to be the personjsl. whose name • is/are subscribed to the within instrument and I • acknowledged to me that he/she/they executed • Ithe same in his/hTar tt it authorized ' • capacity(ies), and that by his/ tor/th�x • Isignature on the instrument the personN, ' • i JEANI't J. kAJARE or the entity upon behalf of which the • / Co-nm. 107571� person\�`�l[ acted, executed the instrument. ' >�.. � w ' 4 } t+Y Co.:rm. ire C7 t.23 13 la+.v.•ow-sw. iWITNESS my hand and official seal. i i NOTARY'S SIONATURE i OPTIONAL INFORMATION ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ICAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' ! ❑ INDIVIDUAL ❑ CORPORATE OFFICER ' TITLE OR TYPE OF DOCUMENT ' TITLE(S) I ❑ PARTNER(S) ' NUMBER OF PAGES • El ATTORNEY-IN-FACT • I ❑ TRUSTEE(S) ' • ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT • ' ❑ OTHER: ' ' OTHER ' RIGHT THUMBPRINT t ' • SIGNER IS REPRESENTING: OF o • ' NAME OF PERSON(S)OR ENTITY(IES) E SIGNER Le.040a.0.4now-e-dana.0.d�9-460w-0 0.091mm.0 • a • APA 5/97 VALLEY-SIERRA,800-362-3369 Insurance Company of t le West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE 1.1JEST, a California Corporation,does hereby appoint: MATTHE',N C.WELTY its flme and lawful Attorney(s)-in-Fac*,with full power and authority,to execute, on behalf of the Company,fidelity and surety bonds, widertakangs,and other contracts of 3ureryship of a similar nature. This Pourer of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on;he 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President, an Exacutive Vice President or a Senior Vice President of the Compary,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company, and the signatures of any witnesses,the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998. ..)VAC-0, INSU'R.4NCE COMPANY OF THE WEST � \NppRPORATF� 4 ,�. i S-ATE OF CALIFORNIA John.L. HannLill, Executive Vice President SS. COUNTY OF SAN DIEGO IN WITNESS WHEREOF,the undersigned certify that they are adults.and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code§4121 and 4122. Jerry Fafaul Jani-rheddore CERTIFICATE: 1,Jonn H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, 1 have subscribed my name as Assistant Secretary,on this 29TH day of JANUARY 19 99 INSURAN,�.E COM NY OF THE WEST 1 •`Rl hd H.Craf-,Assi�OIS � 9 y ICW 37 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 19, 1999 THIS DOCUMENT IS IN FACT THE ORIGINAL ON FILE IN THE CITY CLERK'S OFFICE AND WAS RECORDED AS THE ORIGINAL NOT A COPY. THIS DOCUMENT WAS STAMPED WITH THE CLERK'S CERTIFICATION STAMP TO ACCOMMODATE THE ORANGE COUNTY RECORDER'S OFFICE FOR RECORDATION. THE VERIFICATION STAMP WAS LATER CHANGED ON NOVEMBER 18, 1999 PER DIRECTION OF CONNIE BROCKWAY, CITY CLERK AND APPROVED BY THE ORANGE COUNTY CLERK RECORDER'S OFFICE. 1 Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY / CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: �J(�1'12- �-� , 19.C I TO: Sea-r'd CoYb U p L L C_, ATTENTION: Name �7 ald T�Yo u cl uacu.l SV .+-e. 100 DEPARTMENT: REGARDING: 7 R q�C /4 7 4D City,State,Zip /'1 C LER-S E O F S t C.t)R.c T/ CS ACCeI4 fiance, or- .I�ilbl,� 7'23P r6Vgry)ehh See Attached Action Agenda Item F —rj Date of Approval 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: �elP�se. �a��-hF�� �2k'FA�1?a�e2.�,L.c6or Connie Brockway City Clerk ;BGNo A,','o • /4 F- 3 Z 4 q see Seca'. ilt 0 1 Attachments: Action Agenda Page_� Agreement Bonds Insurance RCA Deed Other CC: �6'm'ct s P W NP e _ Dcpartment RCA Agreement Insurance Other N D_ekartment RCA Agreement Insurance Other Yi e d e h r i�1 / r-e -5 y re fs. Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date G:Followup/coverltr (Telephone:714-536-6227) 10 • 06/21/99 - Council/AgencyA enda - Page 10 ( ) 9 E-5. (City Council) Approve the Release of Securities for Tract No. 14740 and Notice of Acceptance of the Public Improvements—(Seabridge Group), LLC - e/Beach Boulevard, s/Adams Avenue (420.60) - 1. Accept the improvements constructed and dedicated for public use with Tract No. 14740 and 2. Release the Faithful Performance/Labor and Material No. 149 32 19 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept Guarantee and Warranty Bond No. 149 32 18-M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer: and 4. Instruct the City Clerk to notify the Developer, Seabridge Group, LLC, of this action, and the City Treasurer to notify the Surety, Insurance Company of the West, of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Submitted by the Director of Public Works [Approved 7-0] E-6. (City Council) Approval of Agreement for General Management, Engineering, Secretarial and Fiscal Agent Services Between the West Orange County Water Board and the City of Huntington Beach (600.85) —Approve and authorize the Mayor and City Clerk to execute the agreement for General Management, Engineering, Secretarial and Fiscal Agent Services—Agreement By And Between The City Of Huntington Beach And The West Orange County Water Board For Contract Manager Services. Submitted by the Director of Public Works (Joint power cities are Huntington Beach/Garden Grove/Westminster/Seal Beach for term March 18, 1999 through March 17, 2000) [Approved 7-0] E-7. (City Council) Approve Five Year Agreement with the Orange County Sheriff's Department for Supplemental Law Enforcement for the 41 of July—Approve Waiver of Standard Indemnity Clause (600.25)— 1. Approve and authorize execution by the Mayor and City Clerk of the agreement with the Orange County Sheriff's Department to provide supplemental law enforcement to the City Of Huntington Beach Five-Year Agreement Between The City Of Huntington Beach And The County Of Orange With the additional requirement that the City Administrator remind Council six months ahead of the contract and its 60-day notice provision; and 2. Waive City's standard indemnity clause for contracts. Submitted by the Chief of Police [Approved as amended 7-0] E-8. (City Council) Adopt Resolution No. 99-42—Approve Alcoholic Beverage Control (ABC) Grant Agreement - Enforcement of Alcohol-Related Offenses —Approve Waiver of Standard Liability Clauses (340.80) - 1. Adopt Resolution No. 99-42— 'A Resolution of the City Council Authorizing Application for Funds Through the Grant Assistance to Local Law Enforcement Agencies Project of the Department of Alcoholic Beverage Control"and 2. Approve Standard Agreement 99G-LA07 between the State of California and the City of Huntington Beach, thereby accepting funds from the State of California, Department of Alcoholic Beverage Control, and allow Ronald E. Lowenberg, Chief of Police, to execute the agreement with waiver of standard liability clauses. Submitted by the Chief of Police [Approved 7-0] 6 Treasc�r�r y �rdsl-e ,-PAZ ITY OF HUNTINGTON BEAC Cro6b -PV✓ MEETING DATE: June 21, 1999 DEPARTMENT ID NUMBER: PW 99-048 Council/Agency Meeting Held: `�aa•Gd Def red/Continued to::Ga'Approved ❑ Conditionally Approved ❑ Denied -h6al)w Cit erk's Signature Council Meeting Date: June 21, 1999 Department ID Number: PW 99-048 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION -= =' C-- C SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works u, D. J D SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14740 AND ACCEPT THE PUBLIC IMPROVEMENTS. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Seabridge Group, LLC, the developer of Tract No. 14740, located on the east side of Beach Boulevard, south of Adams Avenue, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 14740 and, 2. Release the Faithful Performance/Labor and Material No. 149 32 18 and Monument Bond No. 149 32 19 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accept Guarantee and Warranty Bond No. 149 32 18-M; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the Developer, Seabridge Group, LLC, of this action, and the City Treasurer to notify the Surety, Insurance Company of the West, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. V/ i Alternative Action(s): Deny the recommended action. Analysis: On June 16, 1997, the City Council approved Final Map No. 14740 and accepted bonds as the securities furnished for faithful performance, labor and material, and monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 149 32 18-M as security. Following is a list of project data: Developer: Seabridge Group. LLC, 520 Broadway, Ste. 100, Santa Monica, CA. 90401 Engineer: Emerald Engineering, 18600 Main St., Huntington Beach, CA. 92648 Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702 Location: East side of Beach Boulevard, south of Adams Avenue Lots: 2 Acreage: 3.38 Zone: Seabridge Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number No. Description 1. Location Map 2 Guarantee and Warranty Bond No. 149 32 18-M 3 Acceptance of Public Improvements Form RCA Author: Bruce Crosby d 1' Tr 14740 bond release RCA -- 06/09/99 10:06 AM ATTACHMENT 1 1 ■��■■■■1■■■■1■�, /\■■■■■ �. ■■■■ o iC /flii11� �1■1■■ e � . �� .,. I�I�IIr, / 1■■ C wH gg�N .. EN �. �� - M .7I ii ■■■ /■■ ■■■ z� �� 1111111� ■�1■11■ �i -� _ .. i � �,-�'IIIIIIIr ■■■■1■1 � �� �q��� �1fl�1111�■ ' mm - m. �r- C C� IIfl11■1 �I �I CZ ■aI��1 HI ■ IN EVEN �-milli ��/ �IIj���iiiui■u1 :� nines _�, � flflHu_■11111111111■111 �. . .11��111111 �. . ��� � � OF . . .-■IH■■■■ ■111111 11■11111-.. �. • ■■■ ■■■■■■■■■■■ ■■■■■■■■ w = ON NO i j �� ■ 1■■. it ■■�� . � ■u■■■�■■■■■■■■■■■ ■■■■■■■■■/■� a as as a��■11■■■ ■■■W� I■1■1■1�� COMM -- �1■II�. ■IIr� mm NOW -- mom -- IS Cm . -- ■■■�I . .. .. ■■■■■�; ■1■I� _ MEN .OMOM. .mm IN . .. ■■■`� mom i� �: ■■■■■� •, .. ....m �� , �■O QNHHIq �� iG.� � �iN■11 � II.�_ �� � fir■■■ �� ■■■■■1■H■■1■■ �• �irnH�� IIfl11■■fl111 � ii .WI■n N■ 11��11■�111111 ter. ATTACHMENT 2 ATTACHMENT 3 • • CITY OF HUNTINGTON BEACH Lj2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 30, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 14740 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deedltr: Tract 14740—Seabridge Group, LLC — e/Beach Blvd., s/Adams Avenue —approved by City Council on June 21, 1999. (Telephone:714-536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 r (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on May 24, 1999, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 14740. Public improvements constructed consist of the domestic water system and appurtenances within the private streets. ,.his document IS 80191Y ibr th® CITY OF HUNTINGTON BEACH Ls ps Df the city 3�• a _.. nnera2 Code b Ci Engineer Sec. B'103 and should be recorded Y h' free of chaTga. by y by: Gail Hutton City Attorney 6/2�9y Tax-Exsrnpf-Government Agency CITY OF 1-1UNT °;,. TON BEACH o Is ErocWiliq,Cib/Clerk BY. platy City Clerk RCA AOUTING S11EET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14740 and Accept the Public Improvements COUNCIL MEETING DATE: June 21, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO W _ RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) RCA Author: Bruce Crosby STATEMENT OF ACTION OF THE CITY COUNCIL Council Chamber, Civic Center Huntington Beach, California Monday, June 16, 1997 A videotape recording of this meeting is on file in the Office of the City Clerk. The regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach was called to order at 5:00 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo ABSENT: Harman Consent Calendar- (Item Approved) On motion by Sullivan, second Green, the following item was approved as recommended by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: ABSENT: Harman E-14. (City Council) Final Tract Map No. 14740 Of Tentative Tract Map No. 14740, With Bonds And Agreements - Seabridge Subdivision - Beach Boulevard, s/Adams Avenue 420.60) - 1. Approve Final Tract Map No. 14740 and accept the offer of dedication and improvements and bonds (Insurance Company of the West) pursuant to findings and requirements Attachment No. 1 To The Request For Council Action dated June 16, 1997; and 2. approve Subdivision Agreement between City and Seabridge Group, LLC and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] The meeting adjourned to Monday, June 23, 1997 at 5:00 p.m., in Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. /s/ Connie Brockway City C►erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: /s/ Connie Brockway /s/ Ralph Bauer City Clerk/Clerk Mayor STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, Connie Brockway, the duly elected City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the June 16, 1997. Witness my hand and seal of the said City of Huntington Beach this 16th day of September, 1997. /s/ Connie Brockway City C►erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By �J� Depu V ty Clerk (9) • 06/16/97 - Council/Agency Agenda - Page 9 E-14. (City Council) Final Tract Map No. 14740 Of Tentative Tract Map No. 14740, With Bonds And Agreements - Seabridge Subdivision - Beach Boulevard, s/Adams Avenue 420.60) - 1. Approve Final Tract Map No. 14740 and accept the offer of dedication and improvements and bonds (Insurance Company of the West) pursuant to findings and requirements Attachment No. 1 To The Request For Council Action dated June 16, 1997; and 2. approve Subdivision Agreement between City and Seabridge Group, LLC and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-15. (City Council) Notice Of Completion - C.T.& F., Inc. - Traffic Signal At Florida Street . And Garfield Avenue - CC-1025 (600.55) - Accept the improvements to the Florida Street and Garfield Avenue Traffic Signal completed by C.T.& F. Inc., for a final contract cost of $57,662.89 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-16. (City Council) Property Acquisition -Acceptance Of Easement Deed From B.G. & V.J. Williams - Goldenwest Street Right-Of-Way - Pursuant To Holly-Seacliff Development Agreement - PLC Land Company -AP No. 111-130-14 & Approval Of Escrow Instructions (650.80) - Approve the acquisition of AP No. 111-130-14, e/Goldenwest s/Garfield, a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorize approval of the escrow instructions. Accept the attached easement deed for the parcel described herein and authorize acceptance by the City Clerk with recording to follow through indicated escrow. Submitted by the Deputy City Administrator-Administrative Services Director [Approved 6-0 (Harman: Absent)] E-17. (City Council) Property Acquisition -Acceptance Of Easement Deed From Michael/Penny/Gary Niccole - Goldenwest Street Right-Of-Way w/Goldenwest, s/Ellis - Pursuant to Holly-Seacliff Development Agreement - (PLC Land Company) -AP No. 110-210-03,10 & Approval Of Escrow Instructions (650.80) - Approve the acquisition of AP No. 110-210-03,10, a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorize approval of the escrow instructions by Real Estate Services. Accept the attached easement deed for the parcel described herein and authorize acceptance by the City Clerk with recording to following through indicated escrow. Submitted by the Deputy City Administrator-Administrative Services Director [Approved 6-0 (Harman: Absent)] E-18. (City Council) Resolution No. 97-37 - Supports Legislative Initiatives & Other Policies Regarding Waste Diversion Resource Reduction & Recycling - Pursuant to AB 939 (640.15) - Adopt Resolution No. 97-37 - 'A Resolution Of The City Council Of The City Of Huntington Beach As A Member Of Southern California Association Governments To Support Legislative Initiatives And Other Policies Pertaining To Waste Diversion, Resource Reduction And Recycling." Supports the recommendations of the SCAG Solid Waste Task Force. Submitted by the Public Works Director [Removed from Agenda] (9) ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Date: September 16, 1997 First American Title Insurance Company 114 E. 5th Street Santa Ana, California 92702 Attention: Ronald J. Gomez Regarding: Final Tract Map No. 14740 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, &X�6 &111, Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by: �` < Dated: 9 g:\followupVractmap (Telephone:714536-5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ 2°1�1.�1 Q NO OTHER: H ward Zelefsky Planning Director • LI AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Janelle Case Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: September 16, 1997 TRACT NO.: 14740 TITLE CO.: First American Title Insurance Co., 114 E. 5th St., Santa Ana, Ca. 92702 PHONE NO.: (714) 558-3211 TITLE OFFICER: Ronald J. Gomez I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. too Bruce P. Cro 27767 TiCe Notes Office of the City Clerk Huntington Beach, California 4 7z/ 0 Y,5 KQ `C� -�`-� � y`1 �} U ,cc�oxuJ ;4�lkll 10 Initial, date, and return to: Assignment Form Mae Office of the City Clerk zf A(-,197 Today's Date �¢ Date needed 3— Research Notes: G:forms/assign.doc HUNTINGTON BEACH FROM THE DESK OF Bruce Crosby Civil Engineering Assistant Public Works Dept. 536-5247 O� L//oUr2 Uzi. §� HB CITY OF HUNTINGTON BEACH oE` a` y INTER-DEPARTvENT COMMUNICATION o�. .��,-, �f AGe<� r" , f` ti r TO: LES JONES, Director of Public Works hf 'FROM: GAIL HUTTON, City Attorney ` =;:DATE• June 1-1, 19..97 SUBJECT: RLS 97404 Recording of Notice of Acceptance of Public Improvement forms '>INDEX: ACKGROUND: The County Recorders Office is recording some of the City forms titled Notice of Acceptance of Public Improvements and not others. They are being returned to the City Clerk citing that there are no provisions in the Government Code authorizing recordation of this form. 'ISSUE: p ' R V Why is the County Recorder's Office accepting some"Notice of Acceptance of Public c 'Improvements" documents for recordation, and not accepting others? ANSWER: The words"NOTICE OF" should.be removed from the title. � .. ANALYSIS: The County Recorder's Office has informed me that this form is considered an"acceptance" form and not a"notice" form. As the form title now reads, these forms cannot be recorded under"A" i.- for"acceptance." For this reason, many of the forms have been refused for recordation. In order y1 to be recorded under"A the-title should read"ACCEPTANCE OF PUBLIC IMPROVEMENTS."r.. The few forms that have been accepted and recorded under the current name were accepted, and filed under"N," in error. However, that error is harmless because the forms can still be recovered 1�k ) ''filed as under . These forms do not need to.be amended and re-recorded. ln,4 ( " , Page 2 Les Jones RLS 97-404 CONCLUSION: Delete the words"NOTICE OF" from the title in order to comply with the requirements of the County Recorder's Office. 'GAIL HUTTON, City Attorney. . /kl 3Aindcay/opvu9n 7404pw/6/9/97 . .- �.:s.i,�_.;.`-su..:�.�..�t:.:'��.-.-•- �--.:...:...;.��:_.:,.u..�....:_... --•.:x...�v<3:.a+u,c.v1_.::�_:�s-i.e W.,_,_'__ -,u-.�-�.a�-..Y.:...,c:'��.�.._..._.,._..s,u....�._..._...._...ran.�...Rs.u�ti:%{..,..ac�rv:e=...;�,_.z.:a.:n.min:..,.1•s.`,:._. 'Council/Agency Meeting Held: /�/97 Deferred/Continued to: �T dApproved ❑ Conditionally Ap oved ❑ Denied City Clerk's ignature —7 Council Meeting Date: June 16, 1997 Department ID Number: CD 97-32 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ or PREPARED BY: MELANIE S. FALLON, Community Development Director - SUBJECT: FINAL TRACT MAP NO. 14740 OF TENTATIVE TRACT MAP NO. 14740, WITH BONDS AND AGREEMENTS (SEABRIDGE SUBDIVISION) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, . Attachment(s) Statement of Issue: Final Tract Map No. 14740 (Seabridge Subdivision, a 20 unit multi-family residential subdivision) located on Beach Boulevard south of Adams Avenue, is being submitted to the City Council for approval. Funding Source: Not applicable. _ i r Recommended Action: wa CZ :�rn Motion to: 1. "Approve Final Tract Map No. 14740 and accept the offer of dedication ar :b improvements and bonds pursuant to findings and requirements (Attachmerlo�1); and 2. Approve Subdivision Agreement between the City and Seabridge Group, LLC and 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. 14740 and not accept the offer of dedication, improvements, and bonds." REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: CD 97-32 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Seabridge Group, LLC 221 Main St., Ste. H Huntington Beach, CA 92648 ENGINEER: Emerald Engineering 18600 Main St. Huntington Beach, CA 92648 LOCATION: East side of Beach Boulevard, south of Adams Avenue ZONE: Seabridge Specific Plan GENERAL PLAN: Mixed Use NO. OF ACRES: 3.38 NO. OF NUMBERED LOTS: 2 NO. OF LETTERED LOTS: 1 NO. OF UNITS: 20 DISCUSSION: On January 23, 1996 the Planning Commission approved Tentative Tract Map No. 14740 for a three lot subdivision for construction of 20 attached multi-family residential units. The condominium project is part of the Seabrige Specific Plan area and represents the last phase of development there. Final Tract Map No. 14740 represents the only phase of the project. The subdivider will satisfy the affordable housing requirement for two units by participating in the rehabilitation of rental units off-site. The subdivider will satisfy the Park and Recreation requirement through the payment of park and recreation fees in the amount of$43,280 and all other requirements necessary prior to release of the map for recordation. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. CD97-32.DOC -2- 05/30/97 9:57 AM REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: CD 97-32 Environmental Status: This action to accept Final Tract Map No. 14740 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On December 4, 1995, the City Council approved Negative Declaration No. 94-18 for the project. Attachmentlsl: City Clerk's Page Number .. .... ........ ........ ...... ....... _ _ .................. .. ................._ . ................._ .............. - 1. Findings and Requirements for Acceptance of Final Ma 9 q p p 2. Area Map 3. Tentative Tract Map No. 14740 with site plan 4. Tentative Tract Map No. 14740 Findings and Conditions of Approval 5. Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) 6r C" o CD97-32.DOC -3- 05/30/97 9:57 AM • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEABRIDGE GROUP, LLC FOR TRACT NO. 14740 THIS AGREEMENT is entered into this 10 day of 0,64em , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SEABRIDGE GROUP, LLC, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is developer 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. 14740; 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 3/k/PCD/Tract 14740/4/10/97 • 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before • two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. • 2 3/k/PCDlrract 14740/3/17/97 • 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 Forty Six Thousand Dollars ($46,000) 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 the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. • 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 3 3/k/PCD/Tract 14740/3/17/97 • 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. 7. INSURANCE In addition to the workers compensation insurance and SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY, a policy of general public • liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify SUBDIVIDER, 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 SUBDIVIDER'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 4 3/k/PCDlrract 14740/3/17/97 • Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by 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." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. • The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under 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. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. • 5 3/k/PCD/Tract 14740/3/17/97 • 9. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEABRIDGE GROUP, LLC CITY OF HUNTINGTON BEACH, A municipal corporation of the State of C g California By: L` ichael Feih, Me ber Mayor By: Je gs ember ATTEST: By: City Clerk a ulli an, MerWber APPROVED AS TO FORM: By: Paul Hsu, Member 4,cj ity�ney 3% �9 INITIATED AND APPROVED: REVIEWED AND APPROVED: City Engineer City Administrator • 6 3/k/PCD/Tract 14740/3/17/97 • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEABRIDGE GROUP, LLC FOR TRACT NO. 14740 TABLE OF CONTENTS S c i n 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 • 3/k/PCD/Tract 14740/3/17/97 INSURE CERTIFICATE O NSURANCE ISSUE DATE(MM/DD/YY) PRODNCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Complete Insurance, Inc. EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW DBA: Complete Energy & Marine In COMPANIES AFFORDING COVERAGE 1500 Quail Street, Suite 410 Newport Beach, CA 92660 COMPANY A ( 714 ) 2 6 3-0 6 0 6 LETTER ACCEPTANCE COMPANY INSURED LETTER The Seabridge Group, LLC COMPANY LETTER 221 Main St. , #H COMPANY Huntington Bch CA 92648 LETTER D COMPANY LETTER E / //_ n 7 [� 10 1 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO---- ---- — POLICY EFFECTIVE POLICY EXPUiATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S1 ,000, 000 X COMMERCIAL GENERAL LIABILITY D 9 7 CM 0 5 6 2 0 5/O 1/9 7 0 5/O 1/9 8 PRODUCTS-COMP/OP AGG. $1 0 0 0 0 0 0 CLAIMS MADE OCCUR. PERSONAL&ADV.INJURY $1 0 0 0 0 0 0 OWNERS&CONTRACTORS PROT. EACH OCCURRENCE $1 0 0 0 0 0 0 FIRE DAMAGE(Any one fire) S MED EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AKD EACH ACCIDENT $ DISEASE-POUCY LIMIT S EMPLOYERS' LIABILITY � — DISEASE-EACH EMPLOYEE $ OTHER GAIL HUTTON. , City Attorney By:l Deputy ity Attorne R--P- s 1-1 1-1-7 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate holder is additional insured as respects General Liability for construction at Adams Ave. & Beach Blvd. , Huntington Beach, California. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AND ADDITIONAL INSURED EXPIRATION DATE THEREOF,THE ISSUING COMPANY TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main St. AUTHORIZED REPRESENTATIVE Huntington Beach, CA 92648 002 FORM 25-BBS(07/'90) � S 1 � I have received Faithful Performance Bond No. 149-32-18 - Insurance Company of the West, Labor and Material Bond No 149-32-18 - Insurance Company of the West and Monument Bond No. 149-32-19 - Insurance Company of the West. Re: Final Tract Map No. 14740 RCA and Action Agenda for June 16, 1997 attached. Date By: • BOND NO. 149 PREMIUM 4 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and SEABRIDGE GROUP LLC (hereinafter designated as'principal")have entered into an agreementwhemby principal agrees to install and complete designated public improvements,which said agreement,dated MAY 1 TRACT #14740 1997 and identified as project is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and INSURANCE COMPANY OF THE WEST as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City',the penal sumof FORTY-SIX THOUSAND DOLLARS dollars($ 46,000 on t 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 hwnless'City*,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part.of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and Included in any judgment rendered. t 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 MAY 6 19 q7 SEABR I DGE GR P L as Principal By 8y 1 INSURANC S Tas Surety y THEW C. WELTY, ATTORNEY IN FACT B 2 S•fA•f r Of COUN'f•Y Or MAY 6 1997 On .------.—' beftlrc nm, . . VERONICA L. PRATT, NOTARY PUBLIC PERSONAI.I.Y AI'1'( AIZ[il.) M11`I"1[ICW C . Wf-;.L'['Y , .A-.I"1'OIZNhY .IN. FACT personally known to the (or proved to nit' on tilt' basis of _ -......_..------------------_-.-- _-- cnlisfaclory evidence) to be the persorl(s) cvh(r:r nanic(r;) is/arc stiti wi-ihccl Io the within inslrunu•nl and a kl1mvl- edged to Tile that he/she/they exec•titcd the san)c in his/ her/their authorized c-apacily(ics), and That by hi./her/ their signalme(s) oil Ille iiiMninivilt the Ilf r-on(S), or Ille entity upon hchalf of Which (lie persoll(s) acled, exccutecl the ins(rument. Q ',...,;.:� r X. _ 1 l WI.1•NESS Si �Ilallire % 17rjs rirr7r frm'()ff f('Ial Nol,ir'Ir)f Sod �, - OPTIONAL Thouqh the chta below is not required by law, it Inny prove valuable to pels(m5 rr.lyinq on tbrr, docurnent and could prevent fraudUlent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ---- --_-------.---.-.---------___..._--------•__-- TITLE OR TYPE OF DOCUMENT TI11.F(S) ❑ PARTNER(S) ❑ LIMITED GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES U TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE Of= DOCUMENT SIGNER IS REPRESENTING: NAME of rEnso"m on ENT I T I(IFS) sIC;NFn(S) OTI Irrl TI-VAN NAMED AnOVE Mimi 1:I, ,./"I AI,1,-I'UIZI'OSf ACl<NC)INl.f.l`(:1,�1I.N I STATE OF CALIFORNIA NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 13, 1997, before me CONSUELO TY ANCOG, Notary Public, personally appeared MICHAEL FEIN, personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. L' CONSUELO 1Y AIN A COMM.#1031789 ra' Notary Public—Covorr..io ORANGE COUNN My Comm.Expires JUL 3. 9?8 • BOND N0. 49 PREMIUM INCLUM LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of CaUforla,and SEABRIDGE GROUP LLC (hereinater designated as'Principal")have entered into an agreement whereby principal agrees to install and.complete designated public improvements,which said agreement,dated_ MAY 1 TRACT1474Q 1g 97,and identified as project ,is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the perkinmance 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 Califomia. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and al contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code ofCivrl Procedures inthesumof TWFNTY- T REE THOUFkyJLD01 LARS AND N(l/00 dollars($ 23,000.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said suety 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 tfus 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 t APPROVED AS TO FORi:i: 8090 GAIL HUTTON,: City Attorney By:,; Deputy City Attorney affect its obligation on this bond,and it does a waive notice of any such change,extension,alteratioe or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on MAY 6 .19 97 SEABR I DGE GROUP LL C as Principal By:By: INSURAN F THE WEST as Surety i W C. WELTY, ATTORNEY IN FACT 'BY SEE ATTACHED ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, I A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND i PERSONALLY KNOWN TO ME(OR PROVED TO ME ONE THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED TH6 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) I MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, I 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 i IN COUNTY I (NAME PRINTED) MY COMMISSION EXPIRES eosoo� z 8090 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075.01 3 S'Fn"FE C)l CALICORNIA COUNTY llefore nm, V1;R0NIC A L. PRATT, .NOTARY PUBLIC PERSONAI.i.Y ni PEARED-_MnTTIIEW C . W1;1,TY , .Al"PORNEY . IN-.FACT. personally known to me (or proved to pie on the basis of -------.--.----._----- --_-- salisfactory evidence) to be the persml(s) tvhn se nanuc(s-) is/are subscribed to the within inslruntenl and a{ knocvl- edged to rile that he/she/they executed the same• in his/ her/Iheir authorized capac-ily0es), and that by his/her/ their signature(s) on the instrimienl the person(s), nr the entity upon behalf of which the pc i-son(s) acted, uxeculed the instrument. 1 WFiNI;SS I Ilis Ill I'll(rr c)Ili inl NIIlminl Seal Signature ��1 -•_ OPTIONAL Thoucyh tile. data below is not required by law, it cony glove valuable to poisons relyinq me thn doctmtent and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER --- - - --- - ----- - .----------- TITLE OR TYPE OF DOCUMENT 7Ii1-r(s) ❑ PARTNER(S) U LIMITED GENERAL X ATTORNEY-IN-FACT NI1MRER OF PAGES U TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: — - - ---- -- -- - -- _ -- --- -- - DATE OF DOCUMENT SIGNER IS REPRESENTING: NnME or f EnsoNm O�ENi{7Y{F.F) SIONr'n(so) OTI Iran TI IAN NAMED AnOVE ALL-PUili'OSi; ACKN0 (-V1JA)(:l'.N,11;.N i Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MATTHEW C.WELTY its true and lawful Attorney(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 6lh day of June 1995 C,OM PAN v,�s INSURANCE COMPANY OF THE WEST at pRIORA� 444CN 1,pR STATE OF CALIFORNIA John L.Hannum,Senior Vice President SS. COUNTY OF SAN DIEGO On June 6th, 1995 before me, personally appeared John L.Hannum,Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted,executed the instrument. WITNESS my hand and o is a I OFFICIAL SEAL FRANCIS FAFAUL NOTARY PUBUGCALFORNIA r i= SAN DIEGO COUNTY MY COMMISSION EXPIRES Notary Pubf AUGUST 11, 1995 CERTIFICATE: I, E.Harned Davis,Vice President of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President,on this 6TH day of MAY 19 97 c00PANy0 INSURANCE COMPANY OF THE WEST +tORPOR47Fp t - 444CN I,IR11 C411FORNIR E. Harned Davis,s Vice President ICW 37 STATE OF CALIFORNIA NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 13, 1997, before me CONSUELO TY ANCOG, Notary Public, personally appeared MICHAEL FEIN, personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CONSUELO TY ANCOG COMM.#1031789 z Z �.s' .' Notary Public—California y�. ORANGE COUNTY My Comm.Expires JUL 3, 1998 • BOND NO. 149 32 19 PREMIUM --� MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS- THAT SEABRIDGE GROUP LLC as Subdivider of Tract No. 14740 in the City of Huntington Beach,County of Orange,State of Cafifomla,has submitted to sald 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 SEABRIDGE GROUP LLC (Subdivider) as principal,and INSURANCE COMPANY OF THE WEST 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 $3,000.00 .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 Govemment Code of the State of Cardomia. IN WITNESS WHEREOF,we have executed this instrument this 6 T H day of MAY 97 ,19 SEABR I DGE GROUP LLC as Principal 4n By: M 5 - — By: 1 N SAA F THE WEST as Surety , ATTORNE77N FACT y: APPROVED AS TO FOR:J: GAIL HUTTON,• City Attorney By:, Deputy City Attorney aoszoi r� �,✓''r =� �Z•��5 ALL-PURPOSE ACKNOWLEDGMENT State of C IU Erz k-kJ l 6 County of -�1 si!i�f On �/ before me, Date Name,'I it1c of Officer—e.g."Jane Doe,Notary Public" personally appeared Xr�e_�A) L-) Nanrc(s)of siFner(sl C-] 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 on GC ^irnh'0. behalf of which the person(s) acted executed the instrument. ' `: ' FiV�nSID�CCSJ;TY, U WITNESS my hand and officials al, C_nn.E::;).Cct. 15.2000 .4 � Signature of Notary OPTIONAL Though the information requested 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 ❑e Individual(s) ❑ 'Corporate Officer(s) "Title or Type of Document I'itic(s) ❑ Partner(s) LJ Limited General Attorney-in-Pact Number of Pages /❑ Trustee(s) ❑ Guardian/Conservator C] Other: Date of Document SIGNER IS REPRESENTING: Sibfier(s) Other than Named Above Name of persons or entity(ies) AiscA I.PA.02-CA(1h0 f 94 SEE ATTACHED ACKNOWLEDGEMENT- 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 r 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 rwsz.oi TOTAL P.08 Insurance Company of the West HOME OFFICE:SAN DIEGO,CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint: MATTHEW C.WELTY its true and lawful Attorney(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994,which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company; provided however,that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 6th day of June 1995 ?4�pOMPAlly INSURANCE COMPANY OF THE WEST \+pp11PORA��� VAACH 1,�1fi CA(IPDR'0' STATE OF CALIFORNIA )John4Hannum, nior Vice President SS. COUNTY OF SAN DIEGO On June 6th, 1995 before me, personally appeared John L.Hannum,Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument,and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted,executed the instrument. WITNESS my hand and o ic'a f OFFICIAL SEAL FRANCIS FAF RNA ` - NOTARY PUBLIGCALFORNIA SAN DIEGO COUNTY ---Notary — - - MY COMMISSION EXPIRES Pubf AUGUST 11, 1995 CERTIFICATE: I,E.Harned Davis,Vice President of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a true copy, is still in full force and effect,and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President,on this 6th day of may 19 97 /cp"P""row INSURANCE COMPANY OF THE WEST a�ppnvoAA�� T - 0 i `A"`DR"IR E.Harned Davis,Vice President ICW 37 STATE OF CALIFORNIA NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On May 15, 1997, before me CONSUELO TY ANCOG, Notary Public, personally appeared MICHAEL FEIN, personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CONSUELO TY ANCOG COMM.#1031789 z z �' Notary Public—California n z _y�. - ORANGE COUNTY My Comm.Expires JUL 3,1998 P Vmaw ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS'FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Maw 1. Final Tract Map No. 14740 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14740 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 bonds with the City Treasurer: a. Faithful Performance Bond No. 149 32 18 as presented in Attachment No. 6 b. Labor and Material Bond No. 149 32 18 as presented in Attachment No. 6 c. Monument Bond No. 149 32 19 as presented in Attachment No. 6 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; C. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. An approved Subdivision Agreement shall be submitted(Attachment No. 5); e. Payment of Park and Recreation In-Lieu Fees. M F 0 ARcosr \ tDllgE! �\ WAlNE! WARN R LATE! - TALBERT ELMS . F O J GARFIELD SITE I i VORKTWYN 6a l: \ ADAMS ADAIMS DI NANArOIIS jS 71 ON III fill I J ICI TENTATIVE TRACT NO. 14740/ " i CONDITIONAL USE PERMIT NO. 94-32 . = HUNTINGTON BEACH PLANNING DIVISION i WMIN� ............ ......... ........... - I -i 1 i' J p° ADAMS AVENUE TENTATIVE TRACT MAP NO. 14740 , FOR CONDOMINIUM PURPOSES W I IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE WI STATE OF CALIFORNIA J j 1 ZI � I L[>AL ofxalPnON: OVNE4: 1 ' I LOT 6. TRACT IIBB6. M.M. 370/17-10 IN THE SEABRIDGE VILLAGE HOMEOWNER'S ASSOCIATION I CITT Of NUNTINGTON BEACH. COUNTY or ORANGE. C/O VAN HA UN REAL ESTATC NANAGMENI COMPANY STALE Of CZIFORNIA S PARK PLAZA IRVINE. CA 92714 I (714) 660-7744 \ SU001vI0Ea= 0,N0 22 COULTRII _7•V , ` 22111 MAIN STREET. SUITE H t4Ap) ao•.o• r•. Y HUN, NGTON BEACH. CALIFORNIA 92648 n r'STS]•s A\ KISL N' R.C.P. ONM9-E7]] C )N70202A•y 2" t4406 THIS PYOPERtY 12 LOCATCO WrwnN FLOOD ZONE AC.11 .._ A SEO r0o MAD W &e AHD urILITV PURPOSES Z I Q JI O I Z, II Ci0 0 2 11FLOT JJ'= I v u I 4 o 17e,690 7.AP7. � � RACEPOINT DRIVE _ S09.10•A1•V A77 30- II �-------16) ----- X IOU Z I IQ nlsr. .PPCD Da v[u CAPP[ g J�ltl LOT 2 b7 1 OIL VCLL� U 9O.6=T M.PL I . MISt. 1s•RCP Q IJ w�R• r•O• 7271M' ''/ ,z,7,• prlm� I W \ I Vl weo-zrsrr--r6,rsrl MAINSAIL DRIVE I[MIST. CL(C VAVLI-� EnSr GAT LI [Mist M LI 1 �c� l o I ENGINEERING CONCEPTSMIST VAt TE LI Imo¢ J m 1 221 MAIN 07RE11T.SUI N IV ^' I W HUNTINGTON BEACIL eA III!"*CTIsr. SEV. I 1 Z 1 17141%0-2922 r � 'ZZ: `CAP EO I J 7)1VAfIfD SIPRFYAT 2)RTTIPATNYw O7L MEL C7M1 - I W I.aIs ICL N I Q YNIy�JAA IOU Z I l7 Ra R7910�• . Z iOIL w12 NR0.7A•!D•E I� • I DB.DO• J 6-s-9s SEAWATER DR. CADD GRAPHICS 132 ANNED DRIVE ' PLAr•.ENt1A. CA 92610 t ° ..•: �:�:/t'—> � t�i -� 171 A) 320-9131 FAR(71,4) 324-6889 PaOJECL _ALE '•I,MVU-/EO Bt. .IAIE OCIDBER. 19' 1 SE CC VILLAGE • 60 DAVID FEIN JO NO 940000 FLOOD COMMOL CHANNEL --- - w w e • • • • • LY rrM4LJ yrJOyr{ I c•• • - --------------- ------ -r• wr�'°`.{u o•r�pw{ -• C to •' •• �, r �. •_ _ , L.•ora9r_ — _••_..,.,r—..rr.v.LL,rr,cw.L lb i A3 xl �4 g B JD 11'129 r%'� .trVl *5J6 171E 0,, p SEALPOINr 0.9IVEup ar S B rra. n rrr. o' a.arrw rx.n a..vrrw ., g ' I B M rA� I I I rri rnwis caur I •v.owrrne sPicrt ro rr is cauvr /Q, rn rarsn rnr{asuar /'( I NEW PAFIK I .� . I I I LL.oscnr Q ............_� J 0 p SI TE PLAN scrLe: Jiie-- J•-•o• da sC.B.9JOGC SC�LPOJNr w rN: LINE .. Ncevr�nG rav • "•"' acicc c� .,....... ...... ... .... _ MIN10. Y Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 January 26, 1996 Michael Fein 221 Main Street, Suite H Huntington Beach, CA 92648 SUBJECT: TENTATIVE TRACT MAP NO. 14740/CONDITIONAL USE PERMIT NO. 94-32 PROPERTY OWNER- Seabridge Village Homeowner's Association, c/o Van Haun Real Estate Management Company, 5 Park Plaza, Irvine, CA 92714 SUBDIVIDER: Coultrup Companies, 221 Main Street, Suite H, Huntington Beach, CA 92648 REQUEST: To allow a 3 lot subdivision for the purpose of constructing 20 attached residential units with recreational amenities, improve two park sites, and provide a new parking area. ,LOCATION: Seabridge Village (East side of Beach Boulevard, south of Adams Avenue) DATE OF ACTION: January 23, 1996 FIlgDINGS FOR APPROVAL- TENTATIVE TRACT NK4Y NO. 14740: 1. Tentative Tract Map No. 14740 for a 20 lot subdivision for 20 multi-family residential units is, consistentwith the goals and policies of the Huntington Beach General Plan incldding the Housing and Land Use Elements. The proposed project is consistent with the Planned Community land use designation of the General Plan. (pcc1047-1) 2. The site is physically able for the type-and density of development. The site is relatively P Y Y YP Y P Y flat and.physically suitable for the proposed density. Seabridge Specific Plan Area was previously studied for this intensity of land use at the time the General Plan designation of Planned Community was implemented. The proposed 20 unit medium density residential subdivision is consistent with the maximum 422 units allowed within Area A pursuant to adoption of Zoning Text Amendment No. 94-7. Because oil operations have ceased and have been removed, the site is suitable for the.type and density of development proposed.The size, depth, and frontage of the proposed 20 lot subdivision for 20 multi-family residential units 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. 3. The design of the subdivision and proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The General Plan has set forth provisions for multi family residential uses as well as setting forth objectives for the implementation of this type of use. Negative Declaration No. 94-18 with mitigation measures indicates that the proposed project will not create any substantial adverse impacts. There are no fish or wildlife on the site. 4. The design of the subdivision with private access way within the Seabridge Specific Plan area does not conflict with public access easements. The subdivision will obtain public access from Beach Boulevard and Adams Avenue and will not affect any existing easements along those streets.. There are no easements acquired by the public at large for access through the proposed subdivision. FlNDINTGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 94-32: I. The establishment, maintenance and operation of the use 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. a. The location, site layout, and design of the proposed 20 multi-family residential units, new park areas and parking lot properly adapts the proposed structures to streets, driveways, and other adjacent structures.and uses in a harmonious manner. The project's design includes setbacks and building bulk compatible with the design of the existing developments within the Seabridge Specific Plan area. b. With the suggested conditions imposed, the access to and parking for the proposed residential development will not create an undue traffic probll m on the.arterial highways or within the Seabridge Village community. Additional guest and resident parking will be provided by the new parking lot. c. The proposed project will allow a viable reuse of resource production areas and incorporates better land planning techniques with maximum use of aesthetically pleasing. types of architecture, landscaping, site layout and design. (pcc1047-2) 2. The proposed ro'ecttoll not adversely affect the General Plan of the City of Huntington P P P J Y t}' $t Beach. The proposed development of 20 multi-family residential units, additional park areas and parking lot are consistent with the Planned Community land use designation of the General Plan. It is also consistent with the General Plan goal to encourage and maintain a well balanced variety of residential densities. 3. The planned residential development for 20 multi-family residential units.with conditions of approval conforms to the Seabridge Specific Plan provisions applicable to Area A and applicable provisions of Titles 20-25 of the Zoning and Subdivision Ordinance. CONDTITONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 94-32: 1. The site plan, floor plans, and elevations received and dated September 8, 1995, shall be the conceptually approved layout 2. No exposed retaining walls shall be permitted unless approved by the Community Development Department. 3. No structures shall be permitted on the park areas that will prevent or obstruct the natural flow of flood waters. 4. Prior to submittal for building permits, the following shall be completed: a. 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 side yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. The markings, indicating the size, model number and serial number shall be visible on the back flow device. b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. c. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Division and indicated on the floor plans. d. Use of reflective or glare producing finishes or building materials shall be minimized. (mitigation measure) • e.. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. The developer shall install an on-site lighting system on all vehicular access ways, within unenclosed parking areas, and along all major walkways. A lighting plan shall be submitted for approval to the Director of Community Development. (pcc1047-3) A geology ort9all be submitted to Public Works Department which addresses g g gY re P P Earthquake Hazard Zone requirements for the project area. The report shall be approved by the City and the State Geologist prior to issuance of building permits. (mitigation measure) h. Patio areas for all ground floor B units shall be increased to provide a minimum 10 feet x 10 feet paved surface and a total of 200 square feet of private recreational open space. i. The conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. 5. Prior to issuance of grading permits the following shall be completed: a. Ordinance No. 3314 (Zoning Text Amendment No. 94-7) shall be effective. b. The developer shall obtain a National Pollutant Discharge Elimination System (INMES) 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. (PW) c. Final design elevations of grading shall not vary from the elevations shown on the tentative map by more than one (1) foot. (PW) d. A Landscape Construction Set must be submitted to the Public Works Department and shall be approved by Community Development Department and the Parks, Trees, and Landscape Division of Public Works. 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. Said landscape plan shall include an inventory of trees proposed to be removed with trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. The landscape plans shall be in conformance with Chapter 232 of the Huntington Beach ZSO. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that require removal shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. Soil percolation and agricultural tests shall be conducted prior to landscape plan preparation to determine suitable plant material selections for the previous oil sites. (PW) e. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site solid sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (PW) f. A parking lot striping plan shall be submitted and approved by the Director for the reuse of Lot 7 Tract 11870. (pcc1047-4) 6. Prior to issuance of Aulding permits, the following completed: shall be a. The following Fire Department notes shall be noted on the building plans: 1) All roadways shall comply with City Specification 4401. Minimum roadway width shall be 24 feet. All turns and turnarounds shall be a minimum 17 feet by 45 feet radius turns. Roadways shall be.marked and posted as fire lanes to comply with.City Specification#415. (FD) 2) On-site fire hydrants shall be provided in number (approximately 3) and at locations specified by the Fire Department. (FD) 3) Automatic fire sprinklers shall be required throughout all buildings which are in excess of 5,000 gross square feet. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 4) The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification 9422 and 9431 for the abandonment of oil wells and site restoration. (FD) 5) The project shall comply with all provisions of the Huntington Beach Municipal Code Section 10.04.085 and City Specification 9429 for new construction within the methane gas overlay district. (FD) 6) Water mains and fire hydrants shall be installed and in service prior to combustible construction. The water system shall be looped with two connections. (FD) 7) All roadways shall be completed to the base course of asphalt prior to any combustible construction. (FD) .b. All structures on the subject property, whether attached or detached, shall be constructed in compliance to the State's acoustical standards. Evidence of compliance shall consist of a noise study or acoustical analysis report, which includes evidence of adequate sound attenuation to comply with the City's Noise Ordinance and State standards. Such study shall include noise attenuation measures such as setbacks, soundwalls, insulation and landscape buffers for the residential development, and shall be submitted to the Community Development Department for review and approval. c. A grading plan shall be submitted to the Department of Public Works for review and approval. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) d. The final map shall be accepted by the City Council, recorded with the County Recorder and a reproducible copy of the recorded map filed with the Department of Public Works. e. A structural engineering study shall be submitted to the Public Works Department which evaluates proposed foundation designs with respect to the groundshaking and liquefaction hazards. (mitigation measure) (pcc1047-5) f. Submit to Community Development Department a flood elevation certificate for each residential building and a floodproofing certificate for the restroom/equipment building. Following completion of each building, a flood certificate shall be submitted to Community Development Department indicating the"as-built" lowest floor. (mitigation measure) g. .Submit a copy of a recorded deed which restricts the use of the park areas (Lot 2 Tract 14740 and Lots 4 and 5.Tract 11886)to open space use and allows no structure that will prevent the natural flow of flood waters. h. Compliance with the State Handicapped Regulations including access for the disabled within the building for all ground floor units or from the public way to the entrance and submit documentation to justify exemption. h. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for contractors, construction workers, etc., during the project's construction phase. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%)by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts and during winding conditions where winds exceed speeds of 15 miles per hour locally or when blowing dust becomes a nuisance as determined by the Director of Public Works. (mitigation measure) f. Stage the construction areas and access areas to such as far from existing residences as practical. (mitigation measure) g. An on-site qualified archaeologist shall monitor all earth moving activities. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the public Resources Code relative to Native American Remains. Should the coroner determine the human remains to the Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. (mitigation measure) (pcc1047-6) 10. Prior to final building permit inspection approval for the first uwc,the following shall be y completed: a. All improvements (including landscaping)to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. All landscaping of common areas shall be complete. c. Compliance with all conditions of approval specified herein shall be accomplished. d. A reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition by the Director of Community Development. (PW) e. The developer shall request a street name change from Sealpoint Circle to Sealpoint Lane and install new street name signs for Sealpoint Lane. (PW) 1 l Conditional Use Permit No. 94-32 shall become null and void unless exercised,%7thin two (2) years of the date of final approval. An extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 14740: 1. The tentative tract map received and dated August 7, 1995 shall be the approved layout. 2. The following conditions are required to be completed prior to recordation of the final map, . unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. Ordinance No. 3314 shall be effective. b. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable provisions of the Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department. TW) c. Each proposed building shall have a separate domestic water service per Water Division Standard Plans. (PW) d. The water system shall be designed per the City of Huntington Beach Water Division's design criteria, and shall be installed per the City of Huntington Beach Water Division's Standard Plans and Specifications. (PW) (pcc1047-7) e. The water systei.. shall be located within vehicle travel-ways in an easement dedicated to the City. The developer shall be responsible for repairing enhanced pavement if the water mains or appurtenances require repair or maintenance. (PW) f. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel-ways. (PW) g. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the private sewer system required to serve the development. (PW) h. The storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. (PW) i. The following dedications shall be required: 1. Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system. (PW) 2. An easement over the private streets for police and fire department access purposes. (PW) 3. The water system and appurtenances as shown on the improvement plans for this tract. (PW) j. 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 7-9-33- and 7-9-337 of the Orange.County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (PW) k. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of the final map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange Subdivision manual, Subarticle 18. (PW) 1. The developer shall use"drought tolerant" plants and turf for all common area landscaping. (PW) m. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The calculations shall demonstrate that (1)the development will not result in increase runoff volume during a 100 year, AMC III conditions, or that downstream portion of the Seabridge project shall have the ability to store any increased volume from a 24 hour event, with the Adams Avenue Pump Station being non operational, without flooding living spaces, and that (2) any increase in peak stormwater discharges from the site, from a 100 year, AMC III condition, can be either stored on-site, or can be accommodated in downstream systems upstream of the Adams Avenue Pump Station. Calculations may be based on either the unit hydrograph method or the rational method using calculated times of concentration for each use. (PW) (pcc1047-8) n. The applicant shilbmit an affordable housing plan whica provides for 10% of the total units (equal mix of 2 units) approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction or available to the public prior to final building permit for the first unit. The plan shall include, but is not limited to: 1. Build affordable units at an alternative location which is under control of the applicant.. All units shall be constructed prior to or concurrent with the primary project and.final approval of the project shall be contingent upon completion and final approval of the affordable units. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term (30 years). 4. Other options which generate new opportunities for low and moderate affordable housing units for thirty (30) years. 5. In lieu fees may be paid only if an affordable housing ordinance is adopted and an in-lieu fee resolution is adopted prior to recordation of the final tract map. 3. At least 60 days prior to recordation of the final 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 , parking areas, and common landscape areas by the Homeowner's Association. The CC&R's must be in recordable form prior to recordation of the map. 4. The tract shall be annexed into the existing Seabridge Village Homeowner's Association. 5. Lot 2 shall have a deed restriction limiting the use of the lot to open space purpose only and no:structures shall be permitted which obstruct or prevent the natural flow of flood waters. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 14740, and Conditional Use Permit No. 94-32 if any violation of these conditions or the Huntington Beach Municipal Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit. 6. Park and Recreation Fees shall be paid at the time the final map is accepted by City Council or issuance of any building permits, whichever occurs first. (pcc1047-9) 7. Construction shall bf. ..mited to Monday Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. I hereby certify that Tentative Tract No. 14740 and Conditional Use Permit No. 94-32 were approved by the Planning Commission of the City of Huntington Beach on January 23, 1996, upon the foregoing findings and conditions. Please be advised that the Planning Commission reviews the conceptual plan as.a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed.. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. 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 of your total application. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott ess, CPI Senior Planner (pcc1047-10)