HomeMy WebLinkAboutTract Map 14650/Portion of TT 14134 SE/Seapoint/Palm - Subdi AY OF HUNTINGTON BEAC - ,
MEETING DATE: January 5, 1998 DEPARTMENT ID N o_ PW 98-005
Council/Agency Meeting Held:
Deferred/Continued to: x
EJ Approved El Con itionall Approved ❑ Denied ,Qc City Clerk' Signature
b-O -
Council Meeting Date: January 5, 1998 Department ID Number: PW 98-005
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City Administratore"l
PREPARED BY M. JONES II, Director of Public Works
SUBJECT: Approve the Release of Securities within Tract No. 14650 and Accept
the Public Improvements -4&J-im Pah _,
[Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachmen s)
Statement of Issue: Seacliff Partners, the developer of Tract No. 14650 located southwest
of Palm Avenue and Seapoint Drive, have completed all required public improvements and
are requesting a release pursuant to the provisions of the Subdivision Map Act.
Funding Source: Not applicable.
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No.
14650 and, ,
2. Release the Faithful Performance, Labor and Material and Monument Bonds
pursuant to California Government Code Section No. 66499.7(b); and, \ -
3. Accept Guarantee-Repair and Maintenance of Improvements Bond No. 111 4153
6109 (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, Seacliff Partners of this action, and
the City Treasurer to notify the bonding company, The American Insurance
Company, of this action.
5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"
(attached) with the Orange County Recorder.
0029451.01 -2- -- �-� 12/20/97 12:58 PM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM
DATE:
TO: Ca�,,,, 1 ea.� c�( -�� ATTENTION:
Name
1.03 o S;�-- . I o I DEPARTMENT:
Str et
" . CA 4 -L-701 REGARDING:
City,State,Zip I
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
I
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
Remarks: ,Q,g;�_a0 ca GL C� i., a}c
CC:
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Department Insurance Copy
G:Followup/agrmts/transltr
(Telephone:714-536-5227)
s
Recording requested by,
and when recorded return to:
Connie Brockway, City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O. Box 190-2000 Main Street
Huntington Beach, Ca. 92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Municipal Code Section 255.22)
PLEASE TAKE NOTICE THAT on December 19, 1997,the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A),
the improvements for public use.
Further,the public improvements for the subdivision(s)have been dedicated to the City
of Huntington Beach, as described on Final Map No. 14650.
Public improvements constructed consist of the domestic water system and appurtenances.
CITY OF HUNTINGTON BEACH
by:City Engineer
APPR VED AS TO FORM:
City Attorney L_ Z _r7
29429
RCA ROUTING SHEET
INITIATING DEPARTMENT: Department of Public Works
SUBJECT: Approve the Release of Securities for Tract No. 14650 and
`Accept the Public Improvements
COUNCIL MEETING DATE: January 5, 1998
RCA ATTACHMENTS STATUS
. ... .. ... ... _ _ ....
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attomey) 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
fXPLANATIO:N FOR MISSING ATTACHMENTS
.. .. ..
REVIEWED RETURNED FOR DED<
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
` OEXPLANATlN FOR RETRNFITEMUO
0
(BelowOnly)
RCA Author: Bruce Crosby
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 13, 1995
Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
Gentlemen:
The City Council of Huntington Beach, at its regular meeting held Monday, January 17, 1995
approved the Subdivision Agreement for Final Tract No. 14892, a portion of Tentative Tract Map
No. 14650.
We are enclosing herewith a duly executed copy for your files.
Sincerely,
�%�arrest��G
Connie Brockway, CMC
City Clerk
CB\cc
Enclosure
&=sdivagmt
(Telephone:714-536.5227)
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SEACLIFF PARTNERS FOR TRACT NO. 14650
TABLE OF CONTENTS
Section Page
1 General Street Construction..................................................................................2
2 Arterial Highway Improvement......................................................................
3 Guarantee .............................................................................................................2
4 Faithful Performance and Security........................................................................3
5 Indemnification, Defense, Hold Harmless..............................................................3
6 Workers' Compensation Insurance........................................................................4
7 Insurance...............................................................................................................4
8 Certificates of Insurance; Additional Insured Endorsements.................................5
9 Attorneys' Fees......................................................................................................5
I
4WgrW11/30/94
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SEACLIFF PARTNERS FOR TRACT NO. 14650
THIS AGREEMENT is entered into this 13th day of February , 1994, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and SEACLIFF PARTNERS, a California general
partnership hereinafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to
subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to
public use, and is about to file with CITY a map of the tract of land known as Tract No. 14650;
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 Article 997 of CITY'S
ordinance code.
NOW, THEREFORE, in consideration of the promises and agreements of the parties
as herein set forth, the parties agree as follows:
1
6/agree/tr1 4650/1 1/30/94
RRUEST FOR COUNCIL ACTI09
MEETING DATE: January 5, 1998 DEPARTMENT ID NUMBER:PW 98-005
Alternative Action(s): Deny the recommended action.
Analysis: On January 17, 1995, the City Council approved Final Map No. 14650 and
accepted bonds, the securities furnished for faithful performance, labor and material and
monuments. The developer has completed all required public improvements, and is
requesting acceptance of the work and release of the faithful performance, labor and
material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a).
Public improvements constructed consist of the water system and appurtenances.
The City Engineer has determined that the improvements have been constructed in
substantial compliance with the approved plans and specifications, and recommends
acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires
that security for the guarantee and warranty of the improvements be posted upon
acceptance of the public improvements. The developer has provided Guarantee-Repair and
Maintenance of Improvements Bond No. 111 4153 6109 (M) as security.
Following is a list of project data:
Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santa Monica, Ca. 90401
Engineer: Walden &Assoc., 18012 Cowan, Ste. 210, Irvine, Ca. 92714
Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702
Zone: R3-17-0-CZ
Environmental Status: This recommended action is a ministerial act, and is exempt from
the requirements of the California Environmental Quality Act, pursuant to State CEQA
Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b).
Attachment(s):
City Clerk's
Page Number No. Description
_.-.......
1 Location Map
2 Guarantee-Repair and Maintenance of Improvements_ Bond No.
111 4153 6109 (M) /Q,i F4 44- C'Qat4�
3 Acceptance of Public Improvements Form
RCA Author: Bruce Crosby
0029451.01 -3- 12/20/97 12:58 PM
Firemads
Fund Bond No: 111 4153 6109
Premium: Nil
BOM)
(GUARANTEE-REPAIR AND MAXWENANCE OF IMPROVEMENTS)
KNOW ALL MEN BY THESE PRESENTS,
That we, , Seacliff Partners, a�California General Partnership
(herei.naf`te'r called Principal), as Principg. , and
The American Insurance Company
a corporation organized and doing businese under and by virtue of the aws of the
State of Nebraska and. duly licensed for the purpose of making guaranteeing
or becoming sole surety upon bon4s.Qr undertakings required or authorized by the
laws of the State of California.. . i (hereinafter called Surety) as Surety, are
held and f irmly bound unto__jLy d untington Beach
(het'ei'naftt er called Obligee)in t e just and ull
sumof_�._
_ Fifteen Thousand, Six Hunc`ired and N2/100 ----------------------------
-- ------ - - ----------------- Dollars
awful move o Uie United States ;; Amei ice for the ~"y payment o w'�i�ch wall and
truly to be made we hereby bigd ou=selves and our heirs and each of our
successors and assigns, jointly and severally firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE GUCH THAT WHEREAS the above bounden
Principal has agreed to guarantee the material- and workmanship relative to the
installation of subdivision in
�rovements
improvements in -- S frreqt.ZZ ct.'14650_,
against all defected to promptly per oxm work and supply material as required
by obligee which are needed )o repair or replace such defective work and material
for a period of one year after the, date of acceptance of said improvements by
Obligee.
Should Principal fail to promptly repair ind replace materials or work required
to be done by him within the time 4110wei by Obligee, the Obligati may, at its
option, cause all required work t;o be done and the parties executing this bond
shall be firmly bound for the payment of all pecessary costs therefor.
This bond is conditioned upon and gusxantaes due compliance with all applicable
provisions of the Subdivision Map A9t of the State of California and the
agreement referred to above.
Now, therefore, if the above bounden Principal shall well and truly repair and/or
replace defective material and wgr4manshLp, this obligation shall be void one
year after the data of acceptance of the. Lmprovements by the Obligee, otherwise
this obligation shall remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these Presents to
be duly .signed and sealed this 27th day of August ,
19_97 -
Seacliff Partners, a California General
1 Partnership
By:
e_ can ids aran C
'' S r y
t By; AArlf
Tenze -V. Cunnir�ham, A t rney-In-Fact
+ ,GENERAL
i
POWER OF
ATTORNEY THE AMERICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha,State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint
--- TENZER V. CUNNINGHAM ---
its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognirances or other written obligations in the nature thereof
-------------------------------
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legal Process and Make Appearances.
Section 45.Appointment.The Chairman of the Board of Directors,the President,any Vice-President or any other person authcdzed by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint kesident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation."
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
be hereunto affixed this 1st day of September 19 9 4
1YFgi`.
THE I N IN RA COMPANY
By
`9�NCE COJN� CC-PCCSIdCDt
V
7
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
On this 1st day of September , 19 9 4_,before me personally came M_ A. M a l l o n P P
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument:that he knows the seal of said Corporation:that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
OFFICIAL NOTARY SEAL
A.KRIEGER
0 - Notary Pubtic--Calkornis ary Public
MARIN COUNTY
E=. MA 20.1M CERTIFICATE
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the 27th day of August -. 19 97
• f II,
UP Resident Assistant Secretary
q�MCE,�p�
360712-TA-6-90(REV)
Recording requested by,
and when recorded return to: Recorded —
in the
Connie Brockway, City Clerk 1111111111111111011 ary �ranvi l i e t C1 er Orange Ca 1 � \
Office of the City Clerk 'Reorder if°r�ia
CITY OF HUNTINGTON BEACH IIIIIIIIIIIIIIIIIIIIII 5 No Fee
P.O.Box 190 - 2000 Main Street A04 '26 000 76 7 22 19 99800]9239 2:0 Jpm 021
Huntington Beach,Ca. 92648 00 0.00 0.00 0.00
0.00
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Municipal Code Section 255.22)
PLEASE TAKE NOTICE THAT on December 19, 1997, the City Engineer considered
the subdivision improvements described below, and found them to have been completed
satisfactory and accepted, as limited by Huntington Beach Municipal Code Section 255.22(A),
the improvements for public use.
Further,the public improvements for the subdivision(s)have been dedicated to the City
of Huntington Beach, as described on Final Map No. 14650.
Public improvements constructed consist of the domestic water system and appurtenances.
CITY OF HUNTINGTON BEACH
by: City Engineer
A/6-
APPR VED AS TO FORM:
City Attorney
29429
Tax-Exempt-Government Agency 9nis document is solely ror tnt
CITY OF HUNTINGTON BEACH official business of the City
of Huntinston. Bench, as contem-
platod ujder tovernment Code
By'-'-' ---------------------''------"--" Sec. 6103 and should be recorded
eputy City Clerk free of charve.
ATTACHMENT 1
SEP
TRACT 14650
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ATTACHMENT No. 1
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[PlotStomp Eval] q:\ACAD\CR0SBY\14649-53
LOCATION MAP
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT 2
ATTACHMENT 3
• •
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
includes but not limited to, the construction of streets, including excavation, paving, curbs,
gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot
laterals and structures; street lights; street signs; construction of domestic water systems
including the construction of water mains, lot laterals and installation of meters; engineering
costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said
work shall be done and performed in accordance with plans, specifications and profiles which
have been approved by the City Engineer and filed in the office of the City Engineer. All of
work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the
dedication of said streets, alleys and other improvements, and said work shall be completed on
or before two (2) years from the date hereof, and all labor and material bills therefor shall have
been paid by SUBDIVIDER.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway improvements, including
perimeter walls and landscaping required by conditions of the tract map, prior to release or
connection of utilities for occupancy for any lot in the Tract.
3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligation as stated herein for a period of one (1) year following the date of City Council
acceptance of same.
4. FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Ordinance Code (HBOC) Article 997,
upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of One
Hundred Fifty Six Thousand Dollars ($156,000) as prescribed by HBOC Section 9970, which
security is given to CITY to insure faithful performance of this Agreement and of all of the
2
6/agreeRr1 4650/1 1/30/94
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.
6. WORKERS' COMPENSATION INSURANCE
Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges
awareness of § 3700 et seq. of said code, which requires every employer to be insured against
liability for workers' compensation; SUBDIVIDER convenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
3
6/agree/tr14650/11/30/94
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit.
7. INSURANCE
SUBDIVIDER shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage,products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange,
the CITY and its officers, agents and employees, and all public agencies as determined by the
CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in
full force and effect during the life of this Agreement, in an amount of not less than One Million
Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form
which includes a designated aggregate limit, such limit shall be no less than One Million
Dollars=($1,000,000). In the event of aggregate coverage;SUBDIVIDER shall immediately
notify""CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer
to waive its subrogation rights against CITY and agrees to provide certificates evidencing the
same.
8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the
name and policy number of each carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not be canceled or modified without
thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing
4
6/agree/tr14650/11/30/94
i •
insurance coverages in force until the work under this Agreement is fully completed and
accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of SUBDIVIDER'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
9. ATTORNEY'S FEES
In the event suit is brought by CITY to enforce the terms and provisions of this
agreement or in any bond given to secure the performance hereof, a reasonable attorney's
fee, to be fixed by the court, shall be paid by SUBDIVIDER.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
5
6/agreeftr1 4650/1 1/30/94
SEACLIFF PARTNERS, a California general CITY OF HUNTINGTON BEACH,
partnership, Owner a municipal corporation
of the State of California
By: PACIFIC COAST HOMES,a California
corpora corporaMp,general partner,
By: co k�/or2 Mayor v
print name
ITS: (circle one)Chairman/Presiders ice Preside^ ATTEST: -
W,T7Z+4t6i—m \j
print name City Clerk
ITS: (circle one)Secretary/Chief Financial Office Ass
ecretary-Treasurer
APPROVED AS TO FORM:
By: UWC-SEACLIFF,L.P., a California
corporation,general partner, ,City Attorney
By: NEW URBAN WEST,INC., a California
corporation,general partner, REVIEWED AN P VED:
By: ge—
C Ad inistrator
print name
ITS: (circle one). airma Presiden ice President
INITIATED AND APPROVED
By:
i^ n me Director 6FPublic Works
ITS: (circle one Secrete Chief Financial Officer/Asst.
Secretary-Treasurer
HUNTINGTON BEACH COMPANY, a
California general partnership, Owner
By: 67
D. 14 7 1!7�
P
t name
ITS: (circle one)C airma reside ice President
B .
,C,oP�z
print name
ITS: cl a one)Secretary/Chief Financial Officer/ ss
ecreta Treasurer
6
6/agree/trl 4650/11/30/94
� , ;.I,,.?i;,+..;,_;,• 68U9 DAY (MM/op
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PRODUCER 1�1$�l i'i aTS livieD AS-NMATTER Of INFORMATION ONi�--
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE
SANDLIN $ ASSOC. INS. AGENCY, INC. DOES NOT AMEND, EXTEND OR ALTER THE COVEAAQE AFFORDED BY THE
IIALLMA. K ASSOC, INS. SERVICES POLICIES BELOW.
P.O. BOX 769 COMPANIES AFFORDING COVERAGE
IMSY, CA 90241-0769 . I
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COMPANY
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520 BROAtWAY, SUITE 100 COMPANY
90401 I LeITEn E NAC 'REINSURANCE CORP./DL'/WS 6 IMP,
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THIS 18 TO CERTIPY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE rOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT On OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSUnANCE AFFOFIDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE SEEN IIEDUCFD BY PA,O CLAIMS.'- " "-
CO TYPI OF INSURANCE POLICY NUMBER POLICY EFFCCtIVE OLICY EXPIRATION LIMIT!
OR DAT!{MMIDOlyy) DATE{MM(OUIYY)
AlOISNCRAL LIABILITY I 06NE"Al AOOREOAIE t
•XX'COMMEncIAL OENEnAL LIABILITY I PnODUCtA•COMFl►Or ADD. 3 11P0009000.
ICLAIMS MADt� XXOOCUn. 53364 08/01/94 08/01/9S PETIsoNAL r<ADV:1NJunY >< 1 P 000,000.
OWNER'S A CONTnACtan'B PpOT. Ty}} �D °S _ 9 +�R6 ` iACFi QCCUnneNCo f
PR'YJ�i '1`Oi'LI�I i L•d i�1 ONLY RIIIeDAMAQ@{Aryonellra) f 1,00
01000.
50,000.
� MED.EXraNtl(My one porron) f..
AUTOMOBILE LIABILITY + COMOINEV SINOL4 _ d r 000,QQO
•ZANY AUTO LIMIT �. F
ALL OWNCO AUT09 BODILY INJUnT S
• SCHROULEO AUTOS (Pnr person)
n 'xxHIReO AUTOS 94 08/01/95 isomyI
INON-OWNEDAUTOS R 11 0$ 01& row: / / NJUnY
(Rsr rroptrleny
G IL HUTTO? , t �ttorr�e
OARA00 LIABILITY Pno�enTY DAMAGE f
. g � D.egutY. City Att z'ney
ttteda!LIABILITY FACII 066mBNCI!
D �OTHfn
UMEnELLArOnM Owl, 09/01/94 09/01/95 -� - 5,000,000.
THAN UMBneun Fonts noalipcsnre' s,,S P 000,000...
STATutonv LIMITS
wonlcen'B COMPENSATION „ „ .
AND PWC 271733 09/30/94 09/30/95 RADII Accr OCI
D .B.57POLICY LIMIT a 000 000.
aMPLoranf'LIABILITY � '- 1 T r
DISEASE—EACH EM£IOYEfi f
OTHAR
BUILDERS RISK y
SPECIAL FORM 2106014 01/01/95 0I/01/96 11310OOtOOO. LIMIT OF INS,
NT ST 5,000. DEDUCTIDLE
OIISCRIPTiON OF OPtRAT10NSILOCA7IONSIVBHICLBBISPECIAL 17ame qq
EVIDENCE OF INSURANCE LICENSB # 689662 }'0
MTjrI OAT HO r: li ',:ijc(,tii{ .1d.,.�.,, . :'e,. CANCELLATION.i.},,c. 1 .1, r�:rsi'iaiL,:Lj);,J;Ifi.;(= ;i;:;;�•;"ttll:,li:� +T,i." i�,�.tta,;.
CONTRACTORS 5'TATE LICENSE BOARD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES bfi CANCELLED 9fiFORE THE
EXPR RATION DATE TIIp11E0P, THE ISSUING COMPANY WILL "t8F600bM
P. 0. BOX 26000 MAIL ( DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TILE
SACRAMENTO, CA 9582b � Lert, ITT rR.jtylTx
' ii ?d�IQ01+�,t@DC7C�C1t11Qbti�lCi@D[RDt�.4F OiAIiC067At�Rl#�E'161E�1T�x9OC
AVTHOntrim ACPR6#lNlATIV t
A00PID T6.8
NOTICE O r .OMPLIANCE WITH WNDITIONS
ON TRACT/PARCEL MAP AND AUTITORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: I ' 2S •CIS
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO.
PARCEL " NO.
PARK AND RECREATION FEES PAID: r YES ❑ NO
OTHER: • 3 �C:r�
•j for:
Howard Zelefsky
Planning Director
J J
AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Christine Cleary
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineering Assistant
DATE: January 25, 1995
TRACT NO.: 14650
TITLE CO.: First American Title Insurance Co.
PHONE NO.: (714) 558-3211
TITLE OFFICER: Ronald J. Gomez
Bruce P. Crosbf—
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
January 25, 1995
First American Title Insurance & Trust
Mr. Ron Gomez
114 E. 5th Street
Santa Ana, CA 92701
Attention: Mr. Ron Gomez
Regarding: Tract Map No. 14650
This is to inform you that all fees have been paid and conditions met on the above
named tract. You are free to record same at your convenience.
After recording, please return two prints of the Tract Map to Bruce Crosby, Department
of Public Works, P. 0. Box 190, Huntington Beach, CA 92648.
Sincerely,
Connie Brockway, CIVIC
City Clerk
CB:cc
Enclosure
Received bY
Dated:
g:ccltractmap
(Telephone:714-536-5227)
af ! Ale-
Citv of Huntington Beach
Y P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L. FREIDENRICH
CITY TREASURER
November 23, 1999 CERTIFIED MAIL
The American Insurance Company
c/o Lule Sandlin&Associates
P. O. Box 769
Downey, CA 90241
To Whom It May Concern:
This is to inform you the City Council of the City of Huntington Beach, on January 5, 1998,
approved the release of the following bonds:
Tract# 14650
Faithful Performance and Labor& Material Bond No. 1114153 6109
Monument Bond No. 1114153 6117
We are releasing the bonds and have enclosed copies of them for your file. Also enclosed, is a
copy of the City Council Action approving the release of the above-referenced bonds.
If you have any questions regarding this matter,please contact me at (714) 536-5200.
Sincerely, -
Shari L. Frerdenrich, CPA, CCMT
City Treasurer
Enclosures
cc: Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
Bob Beardsley, Director of Public Works (no attachments)
Connie Brockway, City Clerk (no attachments)
G:`.Denine`•Shari',Letters'.Bond Lt33
I have received the Faithful Performance Bond and the Labor and Materials
and Monument
bond for Tract Map 14650 - portion of TT 14134
SE/Seapointe/Palm-Subdivision Agreement 1/17/95
on behalf of the Treasurer's Office.
Dated
By:
Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
f
FAITHFUL PERFORMANCE BOND
PREMIUM i 404 n0
BOND# 11141«61n9
WHEREAS, the City of Huntington Beach, State of California,and Seacliff Partners,a California
General Partnership(hereinafter designated as Principal;")have entered into an agreement whereby principal;
agrees to install and complete certain designated public improvements,which said agreement,dated
1994,and identified as project Surfcrest Tract 14650,is hereby referred to and made
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,therefore we,the principal and The'Amel jcan I saran . Cc=anF as surety,are
held and firmly bond unto the City of Huntington Beach hereinafter call"City",in the penal sum of Oneand Fifty
Six Thousand Dollars($156,000.00) lawful money of the United States, For the payment of which sum well and
truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,
firmly by these presents.
The condition of this obligation is such that if the above bounded principal,his or its heirs,executors,
administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform
the covenants,conditions 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 it the in the manner therein specified ad in all respect
according to their intent and meaning,and shall indemnify and save the harmless"City",its officers,agents and
employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in
full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor in there
shall be included cost and reasonable expenses and fees,including reasonable attorney's fees incurred by"City"in
successfully enforcing such obligation,all to be taxed as cost and included in any judgment rendered.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the
terms of the agreement or the work to be performed thereunder or the specification accompanying the same shall in
anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,
alteration or addition to the terms of the agreement to the work to the specifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, December 7, .1994.
SEACLIFF PARTNERS,as Principal APPROVED AS TO FORM:
GAIL HUTTON
By: UWC-Seacliff L.P., CITY ATT RITE
General Partner
By: New Urban West,Inc., Deputy City Attorney
General Partner
By: — —�
By: Pacific Coast Homes,
General Partner
By:
as Surety
By: /
�rL Sandlin / Attorney In Fact
B :
1,PURPOSE ACKNOWLEDGEMENT
ATE OF CALIFORNIA )
)ss.
,UNTY OF LOS ANGELES )
December 9, 1994, before me, FAY D. MATHEWS, NOTARY PUBLIC, personally appeared STEPHEN GUNTHER, personally
)wn to me to be the person(s) whose name(s)0are subscribed to the within
.rument and acknowledged to me thad she/they executed the same in hrDher/their authorized capacity(ies), and that byGAer/their
lature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
TNESS my hand and official seal. FAY D.MATHEWS
Stary
COMM.*1015930 Z
iNo Public—CallforMa
LOS ANGELES COUNTY
My Comm.Exptres FES 2.1998
S' ature of Notary (This area for official notary seal.)
t• i
Certificate of Acknowledgement
STATE OF CALIFORNIA
Countyof LOS ANGELES J
On •DECEMBER 7, 1994 before me LINDA A.CH.ICKMAN
personally appeared __ LYLE L. SANDL I N
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand nd official seal.
LINDA A.HICKMAN
Signature COMM.#990221 2
8 (Seal) z s%-"rMV
Notary Public—CollfofnioLOS ANGELES COUNTY
Comm.Expires MAY 14,1997
360772-6-91
STATE OF CALIFORNIA )
ss
COUNTY OF 1)R-AN&8
On t 3 , R9q. before me, _ PkKoaA P�,• L.ALDa[z.orc , Notary
Public, personally appeared
personally known
to me ( ) to be the person(s) whose name
is/er,-subscribed to the within instrument and acknowledged to me that he/sh4hey executed the
same in hi&%eM4& authorized capacity(ies), and that by his/ heir signature(`&) on the instrument
the person(s,), or the entity upon behalf of which the person( acted, executed the instrument.
WITNESS my hand and official seal.
RAMONA A.CALDERON
QPMy
COMM.+M967922 Z
Notary Public-California
ZKERN COUNTY
comm.expires JUN 15,1996
Signature This area for Official Notarial Seal
NB941050001
+neaa_
GE.%&RAL
POWER OF
A-rM 10EY T&AMERICAN INSURANCE COMPA
'XINOW ALL MEN BY THESE PRESE.YTS: Tha .HE AMERICAN INSURANCE COMPANY,a CoAnn incorporated under the laws of the State of
New Jersey on February 20. 1946.and redomesticated to the State of Nebraska on June 1.1990.and having its principal office in the City of Omaha.State of
Nebraska,has made,constituted and appointed,and does by these prescnu make,constitute and appoint
-----LYLE L. SANDLIN-----
its true and Lawful Attorneys)-in-Fact.with full power and authority hereby conferred in its mate,place and stead,to execute.seal.acknowledge and deliver any
and all bonds,undertaking,recogninnc s or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same agent as if such bonds were signed by the President,scaled with the corporate scal of the
Corporation and dully attested by its Secretary,hereby ratifying and confirming all thu the said Attorneys)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII.Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment and A otbority of ResiVest Seeretarfa.Attonmys4ei-Fact and Agents to accept LcgW Princess aid Mahe Appearancim
Secdoe AS.APpolatment.The Chairman of the Board of Directors,the President.sty Vine-Pnsideut or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Wce.Presidcat may.from time to titan,appoint Resident Assistant Secretaries and
ArtonwTs-in-Fad to represent and art for mad on beksilt of the Corporation and Agents to adept legal process and make appearance for and on behalf of the
Corporsuoe.
Section 46.Antborityt The authority of such Resident nisi"t Secretaries.Attorneys-ia-Fact and Agents shah be as prescribed In the Insuvmeat evidencing
their appoiatment.Any such appointment mod all aotbonry granted tbete{ty may be revolted at any time by the Board of Directors or by any person empowered to
awake such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPA.P(Y at a messing duly called and held on the 31st day of July.1994.acd said Resolution has not been amended or repealed:
'RESOLVED, that the signature of any Vice-President. Assis•nt Secretary. and Resident Assistant Secretary of this Corporation, and the scal of this
Corporwoo may be of fixed or printed on any power of attorney on any revocauon of any power of attorney,or on any certificate relating thereto,by facsimile.
and any power of attorney,any revocation of any power of attorney,or cauficate hearing such facsimile signature or facamile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF.THE A.MERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.and its corporate seal to
be her tunto affixed this i n r day of T++*+p 19 on -
e��,:; .•
THE AMERICAN INSURANCE COMPANY
By
vo•r.e.o.va
STATE OF CALIFORNIA se.
COUNTY OF% ARIN
On this 1 S t day o f June 19 a(-before me personally came R. D. Farnsworth
to me known,wno,being by me duly sworn,did depose and say:that he u Vice-President of THE AMERICAN INSURANCE COMPANY.:he Corporation
desmbed to and which executed the above instrument;that he knows the scal of said Corporauon:that the seal a(ftxed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
�atINJMaea MaM�MgNrrraa'Ra1R1N7fMMlflfftirfTfl t�
OFFICIAL SEAL
J. M. VANDEYCRT s
NOTARY PUBLIC-CALIFORNIA tbtaryruai.c
Principal Office in Mann County
Airy Canie+nrea[zoo"Aug. 22.1"1 II CERTIFICATE
�I rsasaagfsrs U 1a aaMprweaunawasrvaunurnun�
STATE OF CALIFOIL141A
- sec.
COUNTY OF S•fARIN
I,the undersigned.Resident Assistant Secretary of THE A.titERICAN INSURANCECOMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATM RNEY remains in full force and has not been revoked:and furthermore that Article VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin.Dated the 7TH day of D EC EM B ER 19 2�
•+•'
•:.r j o;: - Rmecft Aso.um Sevetatr
360711-TA-a.9 iRFV1
•
LABOR AND MATERIAL BOND
PREMIUM Included
BOND# 11141536109
WHEREAS,the City Council of the City of Huntington Beach,State of California,and Seacliff Partners,
a California General Partnership(hereinafter designated as"Principal")have entered into an agreement whereby
principal agrees to install and complete certain designated public improvements,which said agreement,dated
19_J and identified as project Surfcrest Tract No.14650,is hereby referred to and made a
part hereof,and
WHEREAS,under the terms of said agreement,principal is required before entering upon the performance
` of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to
which reference is made tin Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the
State of California.
Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City
of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the
performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
$78,000.00(Seventy Eight thousand 00/100 dollars),for materials furnished or labor thereon of any kind,or for
amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay
the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this
bond,will pay,in addition to the face amount thereof,cost 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 inure 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 Labor and Material Bond the Civil Code,so as to give a right of action to them or their assigns in any
suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.The surety hereby stipulates and agrees that no change,
extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same
shall in any manner affect its obligations on this bond,and does hereby waive notice of any such change,extension,
alteration or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety
above named, llecemher 7 .1994.
SEACLIFF PARTNERS,as Principal APPhOVED AS TO FORb��
By: UWC-SeacliffL.P., CkIL MUTTON
General Partner CITY ATTORIIEY
ttortley
By: New Urban West,Inc., 7.-puTy City
General Partne
By:
By: Pacific Coast Homes,
General Partner
By:
nw raQComDanv1as Surety
B : /
't yle L. Sandlin j Attorney In Fact
Y�
~ ificate of Acknowledgem, f T)
STATE OF CALIFORNIA
Countyof LOS ANGELES
On DECEMBER 7, 1994 before me, L I NDA A. H I CKMAN
personally appeared LYLE L. SANDLIN
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/shelthey executed the same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
UNDA A.HICKMAN
COMM.#440221 z
Signature (Seal) z ?.� Notory Public—Coliterrgo
LOS ANGELES COUNTY
My Comm.Expires MAY 14,1447
366772-6.91
I
wa
STATE OF CALIFORNIA )
ss
COUNTY OF O P—k9C7
On 13 1`i�9� before me, RIAnA 0. L_ r=, -orl Notary
Public, personally appeared 1 f 1 (7-
personally known
to me ( )to be the person(t) whose name
is/afe subscribed to the within instrument and acknowledged tome that he/sheAhe3r executed the
same in hi!hed4h ek authorized capacity(Us), and that by hi&%enkheir signature(,) on the instrument
the person(s), or the entity upon behalf of which the person(k) acted, executed the instrument.
WITNESS my hand and official seal.
RAMONA A.CALDRON
COMM.#967922 Z
•`� Notary Public-California t
Z ' KERN COUNTY ir
My comm.expires JUN 16.1996
Signature This area for Official Notarial Seal
NB941050001
2J19/94
titer AMERiCAN llYSURANCE COM V" .
::NOW ALL MEN BY THESE PRESENTS: ai :NE AMERICAN INSURANCE COMPANY,a X _-.i incorporated under the laws of the State of
New Jersey on February 20. 1846.and redomesticated to the State of Nebraska on June 1.1990.and having its principal office in the City of Omaha.State of
Nebraska.has made,constituted and appointed,and does by these presents make.constitute and appoint
--LYLE L. SANDLIN-----
its true and lawful Attor ney(s)-in-Fact,with full power and authority herebyeonferred in its name,place and stead.to execute,seal.acknowledge and deliver any
and all bonds,undertaking.recogniances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extrnt as if such bonds were signed by the President,sealed with the corporate seal of the
Corporation and duly attested by its Secretary.hereby ratifying and confirming all that the said Attorucy(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article V1I.Sca9ons 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Ardde VU.Appolarmear and Aatboriry of Resident Secre arks.Anorneys4n-Fier and Meats to scrW LejW Phic+m a+d Mahe Appearances.
Secdoe 4S.Appolnemenr.The Chairman of the Board of Directors,the President.any Vice-President or any other person anthordzed by the Board of
Directors.the Chairman of the Board of Directors,the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and
Attorneys-in-Faa to represent and act for and on behalf of the Corporation and Agents to accept le¢process and make appearances for and on behalf of the
Corporsdoa.
Section 46.Awbority.The■otbority of sacb Resident Assistant Secretaries.Attorneys-le-Fact sad Agents shall be as presci bed In the Ins menenl evidencing
their appointment.Any rods appointment and sll sathonty granted tbei t y may be revoked u any time by the Board of Directors or by any person empowered to
snake Bach apporatmeat:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the J lst day of July,1994.acd said Rcsolution has not been amended or repealed:
'RESOLVED, that the signature of any Vice-President. A«uiant Secretary, and Resident Auisunt Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney on any revocation of any power of attorney,or on any certificate relating thereto,by facsim,e.
and any power of attorney any revocation of any power of attorney or certificate bearing such facsmile signature or facsunile seal shall be valid and binding
upon the Corporation.
IN WITNESS WHEREOF.THE A.ti1ERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to
be hereunto affixed this 1 er day of !i+-+p 19 on _
THE AMERICAN INSURANCE COMPANY
By
STATE OFCALIFORNIA ss.
COUNTY OF MARIN
On this 1 S t day of June 19 90_ before me personsllv came R. D. Farnsworth
to me known,who,being by me auly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described is and wnich executed the above instrument::hat he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so of fixed by order of the Board of Directors of said Corporauon and that he signed his name thereto by like order.
IN WITNESS WHEREOF.I have hereunto set my hand and afRxed my ofricW seal,the day and year herein first above written.
t«IwwwMawwhusilwsnlms/+rwsarnnmmm sg
s OFFICIAL SEAL _ , /
3 !. A YANDEYCRT ? (�
NOTARY PUBLIC•CALIFORNIA ? matmy vuma
Principal office in Mann County
3 Mr Carnienwee Etude"Aug. 23.1992 s CERTIFICATE
�i1HeNlMfttf I Ir I/Nee tIrINII II I/NM I RI Igloo It"818 l
STATE OF CAUFO&N to
COUNTY OF%ARIN
I.the undersigned.Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V II.Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the rounty of Maria.Dated the7TH day of D E C EM B E R 19 94
`• .�•!-` RmeesAmaaniSeveur7
360711-TA-e-1+01 R E V
�gEROVED 1 S TO FO
LL-PURPOSE ACKNOWLEDGEMENT ZI, RUTTON
OIT TTOP11F
FATE OF CALIFORNIA ) 5Y
)ss.
AUNTY OF LOS ANGELES )
a December 9, 1994, before me, FAY D. MATHEWS, N Y PUBLIC, personally appeared STEPHEN GUNTHER, personally
town to me ) to be the person(s) whose name(s)(§�are subscribed to the within
strument and acknowledged to me thaO/she/they executed the same in�her/their authorized capacity(ies), and that by(!Dher/their
;nature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
ITNESS my hand d official seal. FAY D.MATHEWS
. 'll COMM.#1015930 Z
'? Notary Public—CoUforrda
z LOS ANGELES COUNTY
My Comm.Expires FEB 2.1998
ign of Notary (This area for official notary seal.)
MONUMENT BOND
PREMIUM_
BOND#111415361117
KNOW ALL MEN BY THESE PRESENTS:
That SEACLIFF PARTNERS,a California General Partnership as subdivider of Tract No.
14650,Surferest in the City of Huntington Beach,County of Orange,State of California,has submitted to
said City a Final Map of Said tract containing an engineer's or surveyor's certificate stating that all final
monuments will be set in the positions indicated on or before the date specified I said certificate:
That said Seacliff Partners,a California General Partnership,as principal and
The American Insurance 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$4,900.00(Four thousand), in which sum we are held and firmly bound to
the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of
Article 9,Chapter 4 of the Government Code of the State of California.
IN WITNESS WHEREOF, we have executed this instrument this 7t1i day of
December , 1994.
FOB,
SEACLIFF PARTNERS,as Principal GPPnOVED
AS Tp
G_a_IL gtITTOS
By: UWC-Seacliff L.P.,
General Partner
y. City �ttoTne9`
By: New Urban West,Inc.,
General Partner
By:
By: Pacific Coast Homes,
General Partner
By: —The Amer" I an as Surety
By:
#e"L�. �Sandlin—/Attorney In Fact
i
4
t
i v
ALL-PURPOSE ACKNOWLEDGEMENT
yY ^'> -�
r J
STATE OF CALIFORNIA ) '
)ss.
COUNTY OF LOS ANGELES
On December 9, 1994, before me, FAY D. MATHEWS, NOTARY P IC, personally appeared STEPHEN GUNTHER, personally
known to me to be the person(s) whose name(s)(jj�ire subscribed to the within
instrument and acknowledged to me that she/they executed the same ir�herltheir authorized capacity(ies), and that bj�,1u�s her/their
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal. FAY D.MATHEWS
a COMM.t 1015930 Z
i
Notary Public—California 1
LOS ANGELES COUNTY
MY Comm.6cplres FEB 2,1998
Si a e of otary (This area for official notary seal.)
STATE OF CALIFORNIA )
ss
COUNTY OF O P.A �N( 1
On t L 3 l `� , before me, Rmori A Notary
Public, personally appeared rA G
personally known
to me ( )to be the person(s)whose name (ft)
is/ar-e subscribed to the within instrument and acknowledged to me that he/s y executed the
same in hi&%ek4&authorized capacity(49), and that by hisA%n4hek signature(-,) on the instrument
the person(s), or the entity upon behalf of which the person() acted, executed the instrument.
WITNESS my hand and official seal.
_ RAMONA A.CALDERON
COMM.#`967922
Z
Notary Public-Califomia
Yam' KERN COUNTY
My Comm.expires JUN 15.1996
Signature This area for Official Notarial Seal
NB9<105M]
V19roa
fir
cate of Acknowledgement&
�r
STATE OF CALIFORNIA
County of LOS ANGELES
On _DECEMBER 7, 1994 before me, LINDA A. -.H:I.CKMAN
personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Signature UNDA A.HICKMAN
(Seal) a COMM.*990221
z ;"®' - Notary Public—Cali€wr►la s
LOS ANGELES COUNTY
360772-6.91 My Comm.Expires MAY 14.1997
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Boud of usrectors u, . -
INSURANCE COMP.kNY at a meeting duly called and held on the 31st day of July,1994,and said Rcsoluuon has not been amended or repealed:
-RESOLVED, clot the signature of any Vice-President. Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be of fined or printed on any power of attomey,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile.
and any power of attomey,any revocauon of any power of attorney.or cerufscate bearing such facsimile signature or faauasle seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF.THE A.MERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and iu corporate seal to
be her-unto affixed this 1S1' dayof T„net 19_..Sin .
THE A.ti1ER1CAN INSURANCE COMPANY
>> 'r' B
y v.a-Y,e.aeet
STATE OF CALIFORNIA yr,
COUNTY OF MARIN
On this I S E day of June 19 Q -Q before me personanv came R. D. Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE A.MERICAN INSURANCE COMPANY,the Corporation
deunbed in and which executed the above instrument:that he knows the seal of said Corporation.that the seal affixed to the said instrument is such corporate
sal:that it was so of Cued by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
1N WITNESS WHEREOF.I have hereunto set my hand and of rued my official seal,the day and year herein rust above written.
�srtruMruNwrMrrussl0""rma+vwweenesnrnst r
s OFFICIAL SEAL I
J. M. YANDEYCRT S V
,y NOTARY PUBLIC-CALIFORNIA i ►+ ,rtie+.e
Pnnctpat 011ie in Mann County
3 Ale Cwmnit"fsoim A,q. 28.1992 II CF.RTInCATE
�t1lfNrrrMatasp�I_04=rrrassosom snrasrsrrrtlBUr" .
STATE OF CALIFORIdtA s>L
COUNTY OF MARIN
1.the undersigned.Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation.DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked:and furthermore that Article VII.Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors:set forth in the Power of Attomcy,are now in force.
Signed and sealed at the County of Maev.Dated the 7TH day of EE C EMB E R 19 94
c C�S@.
RewSM L�`:
36071 l-TA-0-+NI l R EA'
. .. ........
w 5 ace For Ci# Clerk's Use
.... ..... ......
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Or City Clerk's Sigliature 4000
Council Meeting Date: January 17, 1995 Department ID Number: CD95-3
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini or /
PREPARED BY: MELANIE S. FALLON, Director of Community Development �,�..
SUBJECT: FINAL TRACT MAP NO. 14650, A PORTION OF TENTATIVE TRACT
MAP NO. 14134, WITH BONDS AND AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachments)
Statement of Issue
The final map of Tract 14650 (Phase IV of Tract 14134-Surfcrest South), located southeast of
Seapointe Street and Palm Avenue is being submitted to the City Council for approval.
z
Funding Source
Not Applicable. =: R;m
cz
Recommended Action
Motion to:
"Approve Final Tract Map No. 14650 and accept the offer of dedication and improvements,
and bonds pursuant to the following findings and requirements:"
Findings for Acceptance of Final Map:
1. Final Tract Map No. 14650 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134
conditions of approval as approved by the Planning Commission.
REQUEST FOR COUNCIL APION Meng Date: January 17, 1995
FINAL TRACT MAP NO. 14650, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH
BONDS AND AGREEMENTS
Requirements:
1. Offer of dedication and improvements are subject to completion of requirements.shown on the
tentative map.
2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer:
a. Faithful Performance Bond No. 11141536109
b. Labor and Material Bond No. 11141536109
c. Monument Bond No. 11141536117
3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary
processing by the County of Orange or for recordation until the following conditions have
been complied with:
a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be
provided;
b. A Certificate of Insurance shall be submitted;
c. Drainage for the subdivision shall be approved by the Department of Public Works prior
to recordation of the final map.
d. Subdivision Agreement
Alternative Actions
The City Council may make the following motion:
A. "Deny Final Tract Map No. 14650 and not accept the offer of dedication, improvements, and
bonds."
C D95-3 -2- 1/17/95
REQUEST FOR COUNCIL ACTION Q Meng Date: January 17, 1995
FINAL TRACT MAP NO. 14650, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH
BONDS AND AGREEMENTS
Analysis
SUBDIVIDER: Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
ENGINEER: Walden and Associates
18012 Cowan, Suite 210
Irvine, CA 92714
LOCATION: Southeast corner of Seapointe Street and Palm Avenue
ACREAGE: 2.117 Acres
NO. OF LOTS: 25 numbered lots (3 lettered lots)
NO. OF UNITS: 25 units
ZONE: R3-0-17-CZ (Medium-High Density Residential-Oil District-17 Units per
Acre-Coastal Zone)
GENERAL PLAN: High Density Residential
DISCUSSION:
On July 10, 1990, the Planning Commission approved Tentative Tract Map No. 14134 for
construction of a 115 unit townhouse project. Final Tract Map No. 14650 represents Phase IV (25
townhomes of the 115) of the Surfcrest project. The first, second, and third phases of the project,
Tracts 14647, 14648, and 14649 have already been accepted by the City Council. Tract 14647
has been recorded at the County and is currently under construction.
The subdivider has satisfied the Park and Recreation requirement with the dedication of 0.33
acres within the Bolsa Chica Linear Park.
The final map has been examined and certified by the City Engineer and the Secretary to the
Planning Commission as being in conformance with the conditions of approval for the tentative
map as filed with, amended and approved by the Planning Commission.
Environmental Status
This action to accept Final Tract Map No. 14650 is exempt from the requirements of the California
Environmental Quality Act, Section 15628(b). On July 10, 1990, the Planning Commission
approved Negative Declaration No. 89-52 for the project itself.
CD95-3 -3- 1/17/95
REQUEST FOR COUNCIL AVION Meng Date: January 17, 1995
FINAL TRACT MAP NO. 14650, A PORTION OF TENTATIVE TRACT MAP NO. 14134, WITH
BONDS AND AGREEMENTS
Attachment(s):
1. Area Map
2. Tentative Tract Map No. 14134
3. Tentative Tract Map No. 14134 Findings and Conditions of Approval
4. Subdivision Agreement
5. Monument Bond
6. Faithful Performance Bond
7. Labor and Material Bond
MTU:MSF:JM:kjl
Page Number
C D95-3 -4- 1/17/95
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A��S R3-17-0-CZ 'R2=PN0-C :=
10.
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SITE
Xft FT 14650
1 R�
HIINTINCiTGN BEACH PLANNING DIVISION
4 . he proposed 115 townhome development onforms with the public
'� ac ss and public recreation poll c ' s of Chapter 3 of the
Cal nia Coastal Act .
A MOTION WAS M.1, E BY MOUNTFORD SECOND BY KIRKLAND, TO APPROVE
CONDITIONAL USE RMIT NO. -62 WITH SPECIAL PERMITS AND TENTATIVE
TRACT NO. 14134 WIT . IN 'GS AND CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES : Shomaker Mountfor Williams , Kirkland, Bourguignon,
Leipz '
NOES : Or ga
ABSENT: ne
ABSTAI ' . None
M ION PASSED
FINDINGS FOR PPROVI.L - CONDITIONAL USE NO 39-62
1 . The location , Site layout , and d-Sicn o= the pro-.Dosed 115
tOw;?hOTiE development prop erl'J aGa tS the propoSEa structures to
L.
streets , driveways , and other adjacent structures and uses in a
harmonious manner .
2 . The proposed 115 townhome development is compatible with
surrounding properties in terms of density, architecture and
orientation .
3
j
3 . The access to and parking for the proposed 115 town!?ome
development does not create an undue tra-Efic problem.
4 . The planned residential development for 115 tow•nhomes con-Forms
to the provisions contained in Article 915 except for the
Special Permit requests .
5 . Conditional Use Permit No . 89-62 for 115 townhomes is
consistent :with the goals and 0`.jeCtivES of the City ' S General
Plan and Lard Use Map designation .
FINDINGS FOR APPROVAL - SP7CIA.L R!JITS :
1 . The following special permits promote a better living
environment by adapting the Planned Residential Development
requirements which are compatible with the surrounding area :
a . Relief from one-third of units less than three-story.
b. Reduction of access width .
C . Relief from 4 foot building offset .
d . Relief from 20 foot setback from drive aisle .
PC Minutes - 7/10/90 -13- ( 6751d)
e . Reduction of rear to rear setback from 30 to 28 feet .
f . Permit security fence in front setback area .
2 . The requested special permits provide for maximum use of
aesthetically pleasing types of architecture , landscaping ,
design and building layout .
3 . The requested special permits will not be detrimental to the
general health, welfare, safety and convenience, nor
detrimental or injurious to the value of property or
improvements of the neighborhood or of the City in general .
4 . The reeuested special permits are consistent with the
objectives of the Planned Residential Development standards in
achieving a development adapted to the terrain and compatible
with the surrounding environ-ment- .
FINDINGS FOR -'-CT NO 1 4 ' 34
1 . The size , de nth, front- ace, street width, and other design
features of the proposed subdivision for 115 tQ_wnhomes are in
compliance with the standard plans and specifications On file
with the City as well as In copliance with the State
Subdivision Map Act and the Supplemental City Subdivision
Ordinance .
2 . The property was previously stUdi ed for this intensity. of land
3 use at the time that the General Plan designation of High
Density Residential and R3 (17) -O-CZ ( 17 units per gross acre)
zoning were im,)lemented .
3 . The site is relatively flat and physically suitable for the
proposed density of 11 . 6 units per gross acre .
2 Tentative Tract No . 14134 for 115 tOw:,hO^e5 1S COnS1StEnt With
t,:? g^aIS and policies Of the 'Huntington =each Coast Element of
the General Plan .
CONDITIONS OF APPROVAL - CCNDi+iON^L USE PERM TT NO 89-62 :
1 . The site plan, floor plans and elevations received and dated
April 24 , 1990 , shall be the conceptually approved layout with
the following modifications :
a . Provide standard 9 foot x 9 foot size for all open parking
spaces .
b. Provide automatic roll-up doors on all garages .
C . . Security fence along Palm venue and Seapoint Avenue shall
be architecturally compatible and similar to existing
security fence which Burro-_: ds the Seacliff project .
PC Minutes - 7/10/90 -14- ( 6751d)
2 . Prior to submittal for building permits , the applicant/owner
shall complete the following :
a . Submit three copies of the site plan to the Planning
Division for addressing purposes . If street names are
necessary, submit proposal to Fire Department for review and
approval .
b. Depict all utility apparatus , such as but not limited to
back`low devices and Edison transformers , on the site plan .
They shall be prohibited in the front and exterior yard
setbacks unless properly screened by landscaping or other
method as approved by the Cormnunity Development Director .
C . Floor plans shall depict :Natural gas and 220V electrical
shall be stubbed in at tha location of clothes dryers ;
natural gas shall be stub-1--ed in at the locations of cooking
facilities , water heaters , and central heating units ; and
low-volume heacds shall c used on all spigots and water
faucets .
d . If foil-type insulation is to be used , a fire retardant type
shall be installed as approved by the Bui1di:ng Department
and indicated on the floo-r z1ans .
e . The structures on the su'biect property, whether attached or
detached , shall be const_ .._ted in compliance with the state
acoustical standards sat forth for units that lie within the
60 Cv-L contours of the _ =operty. The interior noise levels
of all dwelling units shall not exceed the California
2nsu,lation standards of 42 .dba CNEL . Evidence of comnllance
Shell consist of submit-L.-al of an acoustical analysis report ,
prepared under the supervision of a person experienced in
the field of acoustical engineering , with the application
for building permit (s) . =.11 measures reccmmended to
mitigate noise to acce-t *tle levels shall be incorporated
into the des icn of the project .
All windows in the 2nd and 3rd floor roo,;,s exposed to the
oil wells will be required to have an Exterior wall Nois-e
Rating (EWNR) of 25 which is equal to a similar noise rating
scale, the Sound Transmission Class (STC) of 27 , to
sufficiently attenuate against noise levels from oil well
operations . Any window that meets the E'riNER 25 or the STC
27 may be used .
f . Elevations shall depict colors and building materials
proposed .
PC Minutes - 7/10/90 -15- ( 6751d)
g . All rooftop mechanical equipment shall be screened from any
view. Said screening shall be architecturally compatible
with the building in terms of materials and colors . If
screening is not designed specifically into the building , a
rooftop mechanical equipment plan must be submitted showing
screening and must be approved .
h. If outdoor lighting is included, high-pressure sodium vapor
lamps or similar energy savings lamps shall be used . All
outside lighting shall be directed to prevent "spillage"
onto adjacent properties and shall be noted on the site plan
and elevations .
i . A detailed soils analysis shall be prepared by a registered
Soils Engineer . This analysis shall include on-site soil
sampling and laboratory testing of materials to provide
detailed recommendations regarding grading , chemical ,
methane avid fill p_Opertie , fou,nd,aLions , retaining walls ,
streets , and utilities .
In addition, foundat'_ons and Utility ins ta11ations should be
designed to withstand possible minor diffeLential
settlement , caused by sut;sidence, without damage .
Approporate design parameters should be recommended by a
qualified soils engineer and incorporated into the desicn
7 .
and c0nstruction of the -roject .
j . kn eng-ineering geologist shall be engaged to submit a report
indicati: g the ground surface acceleration from earth
movement for the subject :roperty. All structures within
this development shall be constructed in com.pIiance with the
g-factors as indicated by the geologist ' s report .
Calculations for footings and structural members to
withstand anticipated g-factors shall be submitted to the
City for review prior to the issuance of 'Ouilding permits .
k . Prior to the issuance of a grading permit , a grading plan.
shall be submitted to the City' s Departiment of Public
works . A plan for silt control for all water runoff from
the property during construction and during initial
operation of the project may be required by the Director of
Public works if deemed necessary. Drainage from the site
shall connect with the City ' s storm drain system. No storm
water drainage shall drain to the linear park site . The
following measures shall be implemented -
( 1) The drainage system shall be designed and constructed to .
prevent increased runoff from entering wetlands .
(2) Catch basins shall be designed to remove all large
floating material through the use of drainage screens .
Catch Basins will also be designed with a shelf to
prevent sediment from entering storm drains .
PC Minutes - 7/10/90 -16- ( 6751d)
ON) Sedimentation/infiltration basins and improvement of the
existing drainage channel will prevent further siltation
of Bolsa Chica wetlands .
1 . The site plan shall include (or reference page) all
conditions of approval ir:posed on the project printed
verbatim.
M. The Project design be compatible with the architectural
styles used in the adjoining Seacliff IV development and any
major revision to the elevations shall be subject to Design
Review Board a_p_oval .
3 . Prior to issuance of building permits , the applicant/owner shall
complete the following :
a . St:lmi t copy Cf t`:e rc _Sc? Site plan, f loo- plans and
elevations pursuant to Cc%uiticn No . 1 for review and
approval and incl-,;s_on i.. the entitlement file .
b. ALandscape CG::Struction Set must be SL'^ritteu t0 the
Departments of Co rnnu,nity Development and P{ublic Works and
must be approved .
( 1) The Landscape Construction Set shall include a landscape
plan prepared and signed by a State Licensed Landscape
krch;tect a.nd whicn.. _ncludes all -proposed/existing plant-
materials ( location, tvpe , size, cuan't-ity) , an
irrigation plan, a grading plan, an approved site plan.,
and a copy of the ent-iticment conditions of approval .
( 2) The landscape plans shall be in conformnance with
Article 960 and 915 - Planned Residential Standards of
the Huntington Beach Ordinance Code . The set must be
approved by both departments prior to issuance of
building permits . -':y E:Cisting mature trees that must
be removed shall be reolaced at a 2 to 1 ratio with
minim= 36-inch tox trees , which shall be incorporated
into the project ' s landscape plan. -
(3) A landscaping plan shall be submitted to the Department
of Public Works and Community Development for approval .
Native bluff plant materials shall be utilized in the
landscaping of the site where feasible .
C . A grading plan shall be submitted to the Department of
Public_ Works for review and it must be approved (by issuance
of a grading permit) . A plan for silt control for all water
runoff from the property during construction and initial
operation of the project may be required if deemed necessary
by the Director of Public Works .
d . Hydrology and hydraulic studies shall be submitted for
�
Public Works approval .
PC Minutes - 7/10/90 -17- ( 6751d)
• 0
e . All applicable Public Works fees shall be paid .
f . Final Tract Map shall be accepted by the City Council ,
.;} recorded with the Orange County Recorder and a copy filed
with the Department of Co;-Lmunity Development .
g . An Affordable Housing Agreement to provide on-site
affordable housing shall be submitted for review and
approval by the Community Development Department and City
Attorney and recorded with County Recorder ' s Office . The
Agreement shall -provide for minimum 20 percent of the
housing units ( 23 units) on-site, or the equivalent number
off-site within the City, for persons of low and moderate
income households pursuant to Section 65590 of the
Government Code . The Acreemient shall be for -assured
affordability for the lire of the project .
h . Perimeter fe-cing plans `G_ review and a—roval which de_GiCt
decorative materiais.
1 . The applicant shall wG_..r :,it l the D�r)artment of Publlc Worms
to provide alternate routes for traffic during the
construction D.^ase, if necessary. Adequate signage shall be
provided to warn :Motor vehicles , bicyclists and pedestrians
of construction .
4 . Fire Department Requi re-ment.s are as follows :
? a . r.i?tGi?iatiC Sprinkler Syste. :S shall be installed throughout
J the project to comply with Huntincton Beach Fire Department
and Uniform Building Cod'e Standards . Shop drawings shall be
submitted to and a proved by the Fire Department prior to
installation .
b. A fire alarm system shall be installed to comply with
Huntington Beach 7zire Department and Uniform Fire Code
Standards . Shoo drawings will be sub=i tted to and approved
by the Fire Department prior to installation . The system
will provide the following :
( 1) Water flow, valve tamper and trouble detection
(2) 24 hour supervision
(3) Smoke Detectors
(4 ) Annunciation
( 5) _Audible Alarms
C . Fire extinguishers shall be installed and located in areas
to comply with Huntington Beach Fire Code Standards .
d . Fire hydrants shall be installed prior to combustible
construction . Shop drawings will be submitted to the Public
Works Department and approved by the Fire Department prior
to installation . Number and placement to be determined b'1'
the Fire Department .
PC Minutes - 7/10/90 -is- ( 6751d)
e . Fire lanes will be designated and posted to comply with
Huntington Beach Fire Department Standard No . 415 .
i
f . Security gates will be designed to comply with Huntington
Beach Fire Department Standard No . 403 .
g . Address numbers will be installed to comply with Huntington
Beach Fire Code Standards . The size of the numbers will be
the following :
( 1) The number for the building will be sized a minimum of
ten ( 10) inches with a brush stroke of one and one-half
( 1-1/2) inches .
(2) Individual units will be sized a minimum of four (4 )
inches with a brush stroke of one-half ( 1/2) inch .
h . Installation Or removal c` underground flammable or
combustible liquid Storace tans will comply with Orange
County Environmental �ea_' .h and Huntington Beach Fire
Department Standards .
4.
i . Dimensions for Fire Access . includes 24 ' or 27 ' fire lanes ,
turnarounds and 17 ' by 45 ' radius turns . Attached is.
Huntington Beach Fire De:�artmient Standard No . 401 .
j . Street Names . Names Of S_reet5 must be approved by the
'Huntington beach Fire De_artment prior to use . r".ttaChed is
Fire Departmient Standard 409 .
k. Submit to the Fire Dezart:nent for av_Droval a Fire Protect--lon
Plan containing requirements of Fire Department
Specification 4425 .
1 . Provide a. temporary fire station at the south end of
Springdale or other location in the area as approved by the
Fire Chief , Drior t0 com. .ncing combustible construction .
M. Provide temporary paved reads fer Fire Department access
from te,m orary fire station to construction site .
n . Participate in a funding mechanism for permanent .fire
station to be located on the cross gap connector . Temporary
fire station costs as approved by the Fire Chief to be
credited to the developer toward the costs of the permanent.
fire station .
o . Should any abandoned oil wells or tanks be encountered, the
Fire Department shall be notified and current standards met
as required by Article 15 of the Huntington Beach Ordinance
j Code . Any abandonment of existing wells must be to current
standards as well .
PC Minutes - 7/10/90 9- ( 6751d)
Z . All oil facilities within the boundaries of the development
which are to be removed and abandoned , reabandoned or to
_ remain must meet all existing requirements of the City of
Huntington Beach and the State Division of Oil and Gas .
Further protective measures may be required, depending upon
the conditions and quality of the abandonments and
reabandonments .
5 . The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department .
6 . All building spoils , such as unusable lumber , wire, pipe, and
other surplus or unusable :T;c:_Zlol , shall be disposed of at an
off-site facility equipped to candle them.
7 . Installation of required landscaping and irrigation systems for
the common areas Sdjacent to a building shall be comipleted prior
to occupancy of bull^i-c .
S . V ere shall be no outside stoic e of vehicles , vehicle parts ,
equipment or trailers .
9 . During construction, the pl':cant shall :
a . Use water trucks or sprinkler systems in all areas where
vehicles travel to keep damp enough to prevent dust raised
w.^.en leaving^ t}:2 Sltc;
b. wet down areas in the late morning and after work is
completed for the day;
C . Attempt to phase and sclined ]le construction activities to
avoid high ozone days (first stage smog alerts) ;
d . Discontinue cons trL'ction during second stage smog alerts .
e . Information on equipment or facilities which may generate
air pollutants shall be s'.;b;,itted to the South Coast Air
Quality Management District staff for their review prior to
the issuance of a Certificate Of Occupancy for any, use
within the building .
10 . Construction shall be limited to Monday - Saturday 7 : 00 AM to
8 : 00 PM. Construction shall be prohibited Sundays and Federal
holidays .
11 . Should a Traffic Impact Fee be adopted by the City Council , the
applicant/property owner shall be responsible for paying such
fee prior to issuance of a Certificate of Occupancy and/or final
building permit approval .
7
PC Minutes - 7/10/90 -20- ( 6751d)
12 . The developer will be responsible for the payment of any
1 additional fees adopted in the "upcoming" Water Division
Financial Master Plan .
13 . Landscape irrigation system shall be designed and constructed to
include a separate water line for the use of reclaimed water
subject to Water Department ap roval .
14 . A qualified archaeologist shall examine the surface of the site
after it has been cleared of vegetation prior to site grading .
15 . If no cultural material are otserved , no further ,mitigation of
cultural resources shall be rehired . A written report shall be
submitted to the City by the archaeologist .
16 . If some indication of the presence of cultural materials is
observed , all activity shall cease and the archaeologist shall
determi.^.3 t e a o ate co'.._ se o'f act'_On
17 . Should any cultural miaterials to encountered du'rinc the initial
site survey or during grain, a.no excavation activities , all
activity shall cease and the archaeologist shall determine the
anorovriate course of action .
18 . Should any human bone be enco'_n:tered during any construction
activities on the site, the archaeologist shall contact the
+a coroner _ ursuant to Section 5C97 . 108 and 5097 . 99 of 'She Public
Resources Code relative to Native American Remai-s . Should the
Coroner determine the human remains to be Native American, the
Native lkmerican H.eritace Co:',.-:ission shall be Contacted pursuant
to State Law S� 297 .
CONDITIONS Or AP?ROVAL TENTATIVE TR'-CT 14134 •
1 . The tentative tract map received and dated April 24 , 1990, shall
be the approved layout .
2 . The applicant/property owner Shall be responsible for dedicating
land on-site for the proposed Linear Park at the time the final
map is accepted by City Council or issuance of building permits ,
whichever occurs first .
3 . Public Works requirements are as follows :
a . Prior to approval of the tentative maps , the security gate
configurations shall be approved by the Public Works
Department . Stacking , gates , booths , telephone location,
etc . shall all be shoran in detail .
b. Developer shall participate in the proposed traffic impact
i
fee program.
PC Minutes - 7/10/90 -21- ( 6751d)
C . Developer shall construct full street improvements for
1 Seapoint Avenue within the tract boundary, including the
installation of signal conduits at the intersection of Palm
and Seapoint . The improvement plans shall reflect only one
median opening on Seapoint (the westernmost) for project
access .
d . Developer shall be responsible for the following off-site
traffic and street improvements :
( 1) Construction of Seapoint Avenue between the tract
boundary and Pacific Coast Highway.
( 2) installation of traffic signal system at Seapoint and
Pacific Coast Highway.
(2) installation of traffic s-onal system at Seapoint and
Palm kvenue .
(4 ) Public access from existing Seapoint Avenue to Ga_f_eld
..ven,.:e or Edwa.ds Street .
e . Developer shall prepare and submit i:morovemiett plaits for the
above (No . 3d) off-site street and traffic improvements for
approval by the Public Works Depart-m.ent . City shall be
responsible for acquisition of any required right-of-::ay not
e.,ned by ,e .:'anti=talon 'Beach Co:m:pany ^and shall rein:burse
ueveloper LGr nCn-Project share o ofL-Site mprove:ment
costs per the proposed traffic impact fee ordinance .
Develoner Shall obtain street easement for Off-site
construction from -.:n�in ton Beam Company.
f . Prior to issuance of building permits , all necessary
_ governmental permits , other agency approvals and right of
_-r
way dedication shall be obtained . Construction of above
(No . 3d). shall commence within 30 days of receiving City
approved i-Inroved imorovement plans and shall be completed
prior to final inspection of the first dwelling unit .
g . "iydrology/hydraulic studies shall be submitted .
h . Grading plans and soils report shall be submitted .
i . Drainage flows from adjacent properties shall not be
obstructed . Flows shall be accommodated per Public Works
Department requirements .
j . On-site drainage shall not be directed to adjacent
properties , but shall be handled by a Public works
Department approved method .
1
PC Minutes - 7/10/90 -22- (..6.751d)
k. A sewer study shall be submitted for Public Works Department
approval . The developer shall design and construct the
on-site and off-site sewer system required to serve the
development .
1 . Parkway landscaping within the public right-of-way of Palm
and Seapoint shall be installed by the developer and
maintained by the developer and/or a homeowners
association( s ) in accordance with a parkway license and
maintenance agreement (s) for each tract .
M. The median in Seapoint Street shall be constructed and
landscaped by the developer . Developer shall maintain
median landscaping until the street improvements are
approved for final inspection .
n . All walls shall be locatelf on private property .
O . Tract entrance medians s..all n0: protrude into pub14C
right-of-way .
p. A sewer main shall be stubbed out at Palm end Seapoint to
serve the B-olsa Chica Linear Park .
q. Developer Shall incorporate into landscape plans 'Che use of
"drought tolerant" plants and turf and native bluff plants
where feasible . Plan• mnust be approved by Department of
Public Works .
r . Developer shall submit for approval b the De tm f
ova .may � par „2r_t o
Public Works water im..Drovements plans showing con,nections to
all dwellings .
S . Developer shall submit for approval the hydraulic
Calculations to verify water system adequacy.
t . Developer shall design plans and Construct a reclaimed water
System (Green: ,=.Gres _rO] ect) for all common areas per City
recuirements .
U . Developer will be responsible for payment of any applicable
fees adopted in the "upcoming" Water Division Financial
Master Plan .
V . Low-volume fixture heads shall be used in the design of the
potable system for each dwelling .
W. All fire hydrants , water mains , services , etc . must be
installed pursuant to Fire Department and Public Works
standards , ordinances , and policies . The water system shall
.� be dedicated to the City of Huntington Beach .
PC Minutes - 7/10/90 -23- ( 6751d)
X . water systems shall be located in vehicular travelways and
looped where possible . Developer must provide and dedicate
to the City acceptable easements where necessary.
4 . All utilities shall be constructed underground in compliance
with all public works standards .
5 . At least 60 days prior to recordation of the final tract map,
CC&R ' s shall be submitted to and approved by the City Attorney
and the Department of Cor_munity Development . The CC&R ' s shall
reflect the common driveway access easements , and maintenance of
all walls and commmon landscape areas by the Homeowners '
Association .
CONDITIONAL USE PERMIT NO 89 6 WITH S:CCIA.L P=RMITS/ T-NTATIVE
- TRACT NO 14135/CONDITICN=.L =XC=^TION (VARIANCE) NO
9- 5/COASTAL D=V-LOPM NT PERMIT NO 89 40/N'GATIV7 D.CLAR`1ON
89-52 CONTINUJTD FROM JjN 5 °0 PLANNING COI�TSSTON - -
if- ING - - - - PLANNING - -
APPLI Surfcrest Partners
LOCATION . lortrwest o_ the intersection of Palm Avenue and
Doint Avenue .
Conditional Use Permi 'o . 69 S-eCi a1 Permits , Tentative
Traci-_- No . 14135 , Condit ral Exception (Variance) No . 89-55, Coastal
Development Permit No - 8. 0 ano Negative Declaration No . 89-52 were
continued from the Jun 5 , �90 lanning Commission meeting by a VOt2
of 6 to 0 . This item was co. nnued in order to permit Staff to
review a list of requested mo.- 'ications to Suggested conditions or
approval included as an alterna ve action in the June 5 , 1990 staff
reoort . `.
Staff originally ( and still does) r m-nend denial of this item due
to a nuamber of significant factors . \ ese factors include excessive
height- and bulk of the Structures adja 1t to the Linear Park,
minimal building setbacks from the Lire Park, placement of
structures within view corridors visible om Palm Avenue, lack of
affordable units and lack of agreement for -nd dedication to the
Linear Park . Meetings with the applicant s e the June 5 , 1990,
public hearing have failed to resolve these cerns .
Although staff .is still recomumdending denial of e project , staff
has reviewed the applicant ' s requested modificati s to the suggested
alternative conditions of approval and the followin is a discussion:
Discussion :
1 . Staff agrees to delete Condition 2 . k . (4 ) regardin the
requirement for a silt and erosion plan because th e is
another condition which will require the same revie
J
PC Minute.s - 7L10/90 -24- (.6751d).