HomeMy WebLinkAboutFinal Tract Map 15355- TT Map 15355 w/bonds & agrmt - St. Au Citv of Huntin ton Beach
;' ; # • P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 Fax 714 374.1603
SHARI L. FREIDENRICH
CITY TREASURER
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April 30, 2001 CERTIFIED MAIL o -�-+
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American Motorists Insurance Company D a ''rn
7470 N. Figueroa St. o
Los Angeles, CA 90041 P
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To Whom it May Concern:
This is to inform you the City Council of the City of Huntington Beach, on November 20, 2000
approved the release of the following bond:
Tract# 15355
Guarantee and Warranty Bond No. 3SM 910 379 00
We are releasing the bond and have enclosed it for your file. Also enclosed, is a copy of the City
Council Action approving the release of the above-referenced bond.
If you have any questions regarding this matter, please contact me at (714) 536-5200.
Sincerely,
Shan . reidenrich, CPA, CCMT
City Treasurer
Enclosures
cc: OC Ventures II, Inc.
24461 Ridge Route Drive
Laguna Hills, CA 92683-1686
Bob Beardsley, Director of Public Works(no attachments)
Connie Brockway, City Clerk(no attachments)
G:Voyce\.SHAR1\LET'rER.S\Bond release TR15355.130C
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(10) • 11/15/99 - Counciegency Agenda' - Page 10
E-5. (City Council) Approve the Release of Securities for Tract No. 14700 and Accept
the Public Improvements—Taylor Woodrow Homes —w/o Goldenwest Street, s/o
Garfield Avenue (420.60) — 1. Accept the improvements constructed and dedicated for
public use with Tract No. 14700; and 2. Release the Faithful Performance/Labor and
Material No. 11141575222 and Monument Bond No. 11141575198 (The American
Insurance Company) pursuant to California Government Code Section No. 66499.7(b);
and 3. Accept the Guarantee and Warranty Bond No. 11133457892; (The American
Insurance Company), the security furnished for guarantee and warranty improvements,
and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instruct the
City Clerk to notify the developer, Taylor Woodrow Homes, Inc., of this action, and the
City Treasurer to notify the Surety, (The American Insurance Company) 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) Approve the Release of Securities for Tract No. 15355 and Accept
the Public Improvements—O.C. Ventures II, Inc. —s/e Corner of Garfield Avenue &
Seapoint Street (420.60) — 1. Accept the improvements constructed and dedicated for
public use with Tract No. 15.355; and 2. Release the Faithful Performance/Labor and
Material No. 3SM 910 379 00 and Monument Bond No. 3SM 910 380 00 (American
Motorists Insurance Company) pursuant to California Government Code Section
No. 66499.7(b); and 3. Accept Guarantee and Warranty Bond No. 3SM 910 379 00;
(American Motorists Insurance Company), the security furnished for guarantee and
warranty of improvements, and instruct the City Clerk to file the bond with the Treasurer;
and 4.. Instruct the City Clerk to notify the developer, O.C. Ventures II, Inc., of this
action, and the City Treasurer to notify the Surety, (American Motorists Insurance
Company), 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-7. (City Council)Accept Grant of Easement Deed and Agreement-O.C. Flood Control District
for Street Purposes of a Portion of Magnolia Street at the Ocean View Channel—Approve
City's Indemnity Obligation (600.25)—Approve and authorize the Mayor and City Clerk to
execute the Easement Deed and Agreement from the Orange County Flood Control District. In
addition, per the City Attorney's direction, approve the city's indemnity obligation requirement
requested by the County and instruct the City Clerk to have the Easement Deed and Agreement
recorded with the Orange County Recorder's Office. Submitted by the Director of Public Works
Funding Source: Not applicable.
APPROVED 7-0
E-8. (City Council) Approve the Appointments & Reappointments of Members to the
Citizen Participation Advisory Board (CPAB)— Canigiani/Hayden/Lipson/
Jacobs-Pilette/DeMers/Richardson/Tyler (110.20)— 1: Approve the appointments of
(1) Jackie Canigiani, (2) James Hayden, (3) Gerald Lipson, (4) Patricia Jacobs-Pilette to
the Citizen Participation Advisory Board (CPAB) for one term (four years), ending
September 30, 2003; and 2. Approve the reappointment of (1) Lorraine DeMers,
(2) Roy Richardson, and (3) Charles Tyler for a second term (four years), ending
September 30, 2003. Submitted by the Economic Development Director
APPROVED 7-0 /�''
• Office of the City Clerk s.:s q f
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CITY of HUNTINGTON BEAC�i ,�' .'; `..; BENDER
P.O. BOX 190 California 92648 UNDELNERA6LEASADDRE$$$Q..''
• FORWAFIDING ORDER EXPIRED
0 C VENTURES- II ZNC
461 RIDGE ROUTE D
LAGUNA HILLS CALIF
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(10) 11/15/99 - Council/Agency Agenda - Page 10
E-5. (City Council) Approve the Release of Securities for Tract No. 14700 and Accept
the Public Improvements — Taylor Woodrow Homes —w/o Goldenwest Street, slo
Garfield Avenue (420.60) — 1. Accept the improvements constructed and dedicated for
public use with Tract No. 14700; and 2. Release the Faithful Performance/Labor and
Material No. 11141575222 and Monument Bond No. 11141575198 (The American
Insurance Company) pursuant to California Government Code Section No. 66499.7(b);
and 3. Accept the Guarantee and Warranty Bond No. 11133457892; (The American
Insurance Company), the security furnished for guarantee and warranty improvements,
and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instruct the
City Clerk to notify the developer, Taylor Woodrow Homes, Inc., of this action, and the
City Treasurer to notify the Surety, (The American Insurance Company) 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) Approve the Release of Securities for Tract No. 15355 and Accept
the Public Improvements — O.C. Ventures II, Inc. —s/e Corner of Garfield Avenue &
Seapoint Street (420.60) — 1. Accept the improvements constructed and dedicated for
public use with Tract No. 15355; and 2. Release the Faithful Performance/Labor and
Material No. 3SM 910 379 00 and Monument Bond No. 3SM 910 380 00 (American
Motorists Insurance Company) pursuant to California Government Code Section
No. 66499.7(b); and 3. Accept Guarantee and Warranty Bond No. 3SM 910 379 00;
(American Motorists Insurance Company), the security furnished for guarantee and
warranty of improvements, and instruct the City Clerk to file the bond with the Treasurer;
and 4. Instruct the City Clerk to notify the developer, O.C. Ventures II, Inc., of this
action, and the City Treasurer to notify the Surety, (American Motorists Insurance
Company), 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-7. (City Council)Accept Grant of Easement Deed and Agreement-O.C. Flood Control District
for Street Purposes of a Portion of Magnolia Street at the Ocean View Channel—Approve
City's Indemnity Obligation (600.25)—Approve and authorize the Mayor and City Clerk to
execute the Easement Deed and Agreement from the Orange County Flood Control District. In
addition, per the City Attorney's direction, approve the city's indemnity obligation requirement
requested by the County and instruct the City Clerk to have the Easement Deed and Agreement
recorded with the Orange County Recorder's Office. Submitted by the Director of Public Works
Funding Source: Not applicable.
APPROVED 7-0
E-8. (City Council) Approve the Appointments & Reappointments of Members to the
Citizen Participation Advisory Board (CPAB)— Canigiani/Hayden/Lipson/
Jacobs-Pilette/DeMers/Richardson/Tyler (110.20)— 1: Approve the appointments of
(1) Jackie Canigiani, (2) James Hayden, (3) Gerald Lipson, (4) Patricia Jacobs-Pilette to
the Citizen Participation Advisory Board (CPAB) for one term (four years), ending
September 30, 2003; and 2. Approve the reappointment of (1) Lorraine DeMers,
(2) Roy Richardson, and (3) Charles Tyler for a second term (four years), ending
September 30, 2003. Submitted by the Economic Development Director
APPROVED 7-0
l
IkY OF HUNTINGTON BEAC �� �ey -��✓�
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-116
Council/Agency Meeting Held: #W 60
Def red/Continued to:
Approved ❑ Conditionally Approved ❑ Denied _
�ity Clerk's Signature
Council Meeting Date: November 15, 1999 Department ID Number: PW 99-116
CITY OF HUNTINGTON BEACH -"
REQUEST FOR COUNCIL ACTION ;
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
0
SUBMITTED BY: RAY SILVER, City Administrators
W
(::;^01PARED BY: ROBERT F. BEARDSLEY, Director of Public Works I —� >
SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15355
AND ACCEPT THE PUBLIC IMPROVEMENTS
F
�tement Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: O.C. Ventures II, Inc., the developer of Tract No. 15355, located at the
southeast corner of Garfield Avenue and Seapoint Street, has completed all required public
improvements and is requesting a release of securities pursuant to the provisions of the
Subdivision Map Act.
Funding Source: Not Applicable.
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No. 15355;✓
and,
2. Release Faithful Performance/Labor and Material No. 3SM 910 379 00 and Monument
Bond No. 3SM 910 380 00 pursuant to California Government Code Section No.
66499.7(b); and,
3. Accept Guarantee and Warranty Bond No. 3SM 910 379 00; 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, O.C. Ventures II, Inc., of this action, and the
City Treasurer to notify the Surety, American Motorists Insurance Co., of this action; and,
5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"
(attached) with the Orange County Recorder.
TR 15355 bond release RCA -2- 10/25/99 10:43 AM
RIQUEST FOR COUNCIL ACTAN
MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-116
Alternative Action(s): Deny the recommended action.
Analysis: On October 6, 1997, the City Council approved Final Map No. 15355 and
accepted bonds from O.C. Ventures II, Inc., the securities furnished for Faithful
Performance/Labor & Material and Monuments. The developer, O.C. Ventures ll, Inc., 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 curb, gutter, sidewalk and paving within Garfield Avenue and Seapoint Street, and 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.
3SM 910 379 00 as security.
Following is a list of project data:
Developer: O.C. Ventures II, Inc., 24461 Ridge Route Dr., Laguna Hills, CA. 92683-1686
Engineer: MDS Consulting, 17320 Red Hill Ave., #350, Irvine, CA. 92715
Title Co.: First American Title Co., 114 E. 5t" Street, Santa Ana, CA. 92702
Location: Southeast Corner of Garfield Avenue and Seapoint Street
Lots: 72 numbered lots and 21 lettered lots
Acreage: 15.541
Zone: Holly-Seacliff 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. 3SM 910 379 00
3 "Notice of Acceptance of Public Improvements"
RCA Author: Bruce Crosby:gc
TR 15355 bond release RCA -3- 10127/99 10:42 AM
ATTACHMENT 1
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• Office of the City Clerk NA '
5, CITY of HUNTINGTON BEACH lBk �.1309W ;:i,>> : '1 •.. �;
P.O. Box 190 California 92648 16
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REASON CHECKED OC VentuXesInc.
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 13, 2000
OC Ventures II, Inc.
24461 Ridge Route Drive
Laguna Hills, CA 92683-1686
Re: Release of the Guarantee and Warranty Bond for Tract No. 15355
Please be advised that on Monday, November 20, 2000 the City Council of the City of
Huntington Beach took the following action:
(City Council) Authorized Release of the Guarantee and Warranty Bond for Tract
No. 15355, s/o Seapoint Avenue and Garfield Avenue to OC Ventures II, Inc. (420.60)—
1. Released Guarantee and Warrantee Bond No. 3SM 910 379 00; the security furnished for
guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the
Subdivider, OC Ventures II, Inc. of this action, and the City Treasurer to notify the Bonding
Company, American Motorists Insurance Co., of this action.
Sincerely,
doxz .
Connie Brockway, CMC
City Clerk
CB:jh
g:/followup/tract/release bonds for tract-letter.doc
(Telephone:714536-5227) _
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CITY OF HUNTINGTON BEAC �' SRZ I-W� Pf"
10
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MEETING DATE: November 20, 2000 DEPARTMENT ID NUMBER:PW-00-112
Council/Agency Meeting Held:
Deferred/Continued to:
'A proved ❑ Conditionally Approved ❑ Denied Signature
Council Meeting Date: November 20, 2000 Department ID Number: PW-00=112
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
�L
SUBMITTED BY: RAY SILVER, City Administrator�o�
�REPARED BY: ROBERT F. BEARDSLEY, Director of Public Works
SUBJECT: APPROVE RELEASE OF THE GUARANTEE AND WARRANTY
BOND FOR TRACT NO. 15355
IEemeEf Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: One year has elapsed since the acceptance of improvements for
Tract No. 15355 located at the southeast corner of Seapoint Street and Garfield Avenue.
Should the City release to the Subdivider, OC Ventures II, Inc., the Guarantee and Warranty
Bond; the security furnished for guarantee and warranty of improvements?
Funding Source: Not applicable.
Recommended Action: Motion to:
(1) Release Guarantee and Warranty Bond No. 3SM 910 379 00; the security furnished for
guarantee and warranty of improvements; and,
(2) Instruct the City Clerk to notify the Subdivider, OC Ventures II, Inc., of this action, and the
City Treasurer to notify the Bonding Company, American Motorists Insurance Co., of this
action.
Alternative Action(s): Deny the recommended action.
Tr 15355 G&W -2- 11/3/00 11:25 AM
•
REQUEST FOR COUNCIL ACTI9
MEETING DATE: November 20, 2000 DEPARTMENT ID NUMBER:PW-00-112
Analysis: The City Council, on November 15, 1999, accepted the improvements constructed
and dedicated for public use within Tract No. 15355 and accepted Guarantee and Warranty
Bond No. 3SM 910 379 00; the security furnished for guarantee and warranty of
improvements. California Government Code Section 66499.3(d) requires that security for the
guarantee and warranty of the improvements be posted upon acceptance of the public
improvements, and that the security remain in effect for a period of not less than one year.
Public improvements constructed consist of the curb, gutter, sidewalk and paving within
Garfield Avenue and Seapoint Street, and the domestic water system and appurtenances
within the private streets.
The required time period has elapsed and the City Engineer has determined that the
improvements have been constructed in substantial compliance with the approved plans and
specifications, and recommends release of the security.
Following is a list of project data:
Subdivider: OC Ventures II, Inc., 24461 Ridge Route Drive, Laguna Hills, CA. 92683-1686
Engineer: MDS Consulting, 17320 Redhill Avenue, Ste. 350, Irvine, CA. 92614
Title Co.: First American Title Co., 114 E. 5th Street, Santa Ana, CA. 92702
Location: Southeast corner of Seapoint Street and Garfield Avenue
Lots: 72 numbered lots and 21 lettered lots
Acreage: 15.541
Zone: HSSP-RL-CZ (Holly Seacliff Specific Plan-Low Density Residential-Coastal
Zone)
Environmental Status: This recommended action to release the security 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 Ma
p
P
RCA Author: Bruce Crosby:jm
G:eng\Crosby\rcas\tr15355
Tr 15355 G&W -3- 11/3/00 11:25 AM
ATTACHMENT
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VICINITY MAP
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TT 15355 / CUP 96-76 / CDP 96-17
HUNTINCTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
0
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve Release of the Guarantee and Warranty Bond for
Tract No. 15355
COUNCIL MEETING DATE: November 20, 2000
::. . .:
RCA.ATTAC.H M EN,TS . .... STATaaaaa .. .. .:.
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
........ .. ......... _ _ . . _..
EXPLANATLON FOR MISSING ATTACHMENTS
............ _ _ .. _ _. _.. __._._............... .._.. . _.
REVIEWED RET R
.................. . ............ ...................... ... ....................... .....
Administrative Staff J
Assistant City Administrator Initial
City Administrator Initial �r1v
City Clerk
EXPLANATL _N F. R RET .R
..._.............. . ... .___ .... _ ........................... _ . _ .... . _..........................._.....--a--a-.......... .......__
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RCA Author: Bruce Crosby:jm
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CJ_ERK
+, 1�, D CONNIE BROCKWAY
DEC 13 1999 CITY CLERK
i
LffTEI-O TAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTUgGTON BEACH
DATE: �Oeeemhe e 6 /99
TO: 0. �, �n 121-65 //, •Z22 ATTENTION:
Name �D'
f " _ /' 'by. -DEPARTMENT:
St eet '7A c�
REGARDING:
City tale,Zip
See Attached,Action Agenda Item _.,:Date of Approval
Enclosed For Your Records.Is An Executed_CopX Of The Above,Referenced-Agenda Item.:...
aaw
Connie Brockway
City Clerk ���� 1y'6' q;�Sm We-3 79bo ohd4-7e,-77'
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: S
Na Department RCA. _ Agreement Ins ante Other
ae� eu
Name Department RCA Agreement Insurance— Other
1� Hsu✓�� "'7
Name' Deparfinent".. ,,RCA Agreement. ;Insurance Other
Name Department,. ..:. RCA Agreement insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name - Date
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GTollowup/coverltr
(Telephone:714-536-5227)
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VICINITY MAP
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HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
ATTACHMENT
2
I have received Guarantee and Warranty Bond No. 3SM 910 379 00—Amercan
Motorist Insurance Company for O.C. Ventures, II, LLC.
RE: City Clerk Vault File No. 420.60 Tract 15355 approved November 15, 1999.
Dated:
By:
n ton City of Hunti Beach
f • 'r, P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L. FREIDENRICH
CITY TREASURER
January 10, 2000 CERTIFIED MAIL
American Motorists Insurance Company
7470 N. Figueroa St.
Los Angeles, CA 90041
To Whom It May Concern:
This is to inform you the City Council of the City of Huntington Beach, on November 15, 1999,
approved the release of the following bonds:
Tract# 15355
Faithful Performance and Labor&Material Bond No. 3SM91037900
Monument Bond No. 3SM91038000
We are releasing.the bonds and have enclosed 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. Frei enrich, CPA, CCMT
City Treasurer
w
Enclosures
cc: O. C. Ventures II, Inc. r'
24461.Ridge Route Drive
Laguna Hills, CA 92683-1686
Bob Beardsley, Director of Public Works(no attachments)
Connie Brockway, City Clerk(no attachments)
G:\Daiiw\Shan)Leftm\Bond1160
BOND NO.3SM 910 379 00
PREMIUM nc u e wit
Performance Bond
GUARANTEE AND WARRANTY BOND
WHI=REAS, O.C. Ventures II, LLC ag
a Principal, and American Motorists Insurance Company
corporation organized under the laws of the State of Illinois
and duly euthorizod to do business In the Stat-) of Callfomia, as Surety, are hold and firmly bound unto the
City of Huntington Beach, Californle, Be Oblique, in the penal sum of Forty Seven thousand,
One Hundred and no/100 ($47, 100.00) , representing 10 percent of the contract price
entered Into between the principal and Obligee, to which payment well and truly to be made we do bind
oureelves, and each of our hells, executors, adminlstrators, successors and aeelgns Jointly and severally.
WHEREAS, the said princlpa'i entered Into a contract with said Obilgea, dated 1997
for work described as follows'
Improvements, tract 15355
WHEREAS, said contract prcvldes that the Principal will furnish a bond conditioned to
guarantee and warrant for the period of one yeer after completion of the work and sweptance thereof by
the Obligee, against all defects In workmanship and materials during sold one year period.
WHEREAS, said work has txsgn completed, and accepted by Obligee on 5/99
NOW, THEREFORE, the Principal and Surety, Jointly and severally shall Indemnify the
Obligee for all lose that the Obliges may sustain by reason of any defective materials or workmanship
which become apparent during the period of one year from and after date of completion of work and
acceptance thereof by Obligee .
In witne9e whereof, this Instrument has been duly executed by the principal and surety
move nanipd,on May 20 , �g 99
O.C. Ventures II, LLC as Principal
By--a
By _ APPP.0:T7-- ?: O FORM I
GATE _. ..._ ._'
American Mo rists Insurance Company By: :� ' ^' ?�y
$y:
By: III er i v Cl=Y
WV
V
J. Shupper, Attortney In Fact
State of California
County of Los Angeles
On . . . before me, C. Clarkson, Notary Public,
NAME,TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon
aea0m-0iolo0000000000000000G00000o behalf of which the person(s) acted, executed the
C. CLARKSON 8
instrument.
COMM. #1154439 G
{' e NNARY PUBLIC-CALIFORNIA S
LOSANGELES0cUNTY 2 WITNESS my hand and official seal.
,�xflires Sept.5.20101 o
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Bond(s)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
MAY
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) ----------
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
PUMPER.
Home Office: Long Grove,IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove,
Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint
William J.Shupper of Los Angeles, California
their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed:
Any and all bonds and undertakings.'"'""""'"""
EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in
Long Grove,Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact;and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988:
"VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this January 28,1993.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
+JUW Cyby e1A
a a 1
Robert P.Harries,Secretary by J.S.Kemper,III,Exec.Vice President
ATTACHMENT 3
1
0
A CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
r
December 14, 1999
i
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Attention: Ms. Phyllis Johnson, Senior Document Examiner
Subject: Recordation of"Acceptances of Public Improvements"
Dear Phyllis;
Per our telephone conversation today, I am returning the "Acceptances of Public
Improvements" that were returned to our office unrecorded by Deputy Recorder,
Roberta Estrada.
Per your request all "Acceptance of Public Improvements"will be forwarded to you
directly for recordation to alleviate any confusion until all of your Deputy Recorders are
familiarized with their recordation.
Thank you again for your help.
Sincerely, a
4e
anelle Case
Deputy City Clerk
City of Huntington Beach
Attachments: Acceptance of Public Improvements for Tracts 15355.and 15087.
G:\fo11owup\deed1tr
(Telephone:714-536-5227)
3• .
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on October 20, 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. 15355.
Public improvements constructed consist of the curb, gutter, sidewalk and paving within Garfield
Avenue and Seapoint Street, and the domestic water system and appurtenances within the private
streets.
The Foregoing Instrument is the City Clerk's
Original Dopument Reflecting City Council Action
Taken at /SL9, oty Council Meeting
Submitted for Recordat'on by the Orange County CITY OF HUNTINGTON BEACH
Recorder.
Attest _ 19 q9
City Clerk and Ex-officio Clerk of the by: City Engineer
City Council of the City of Huntington Beach,
Califo /
BY Deputy
: City Attorney
2,4-
36483
This document is solely for the Tax-Exempt-Government Agency
offlln al business of the City CITY OF HUNTINGTON BEACH
a,J S-3u.-gii iegton Beach, as contem- Connie Brockway,City Clerk
r.�ii'LC-.i ender Government Code
"ec. 61 OZ and should be recacded BY:
free of charge. eputy City Cle
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca. 92648
(Space above this line for Recorder's use only)
-- _ ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on October 20, 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. 15355.
Public improvements constructed consist of the curb, gutter, sidewalk and paving within Garfield
Avenue and Seapoint Street, and the domestic water system and appurtenances within the private
streets.
The Foregoing Instrument is the City Clerk's
Original Document Reflecting City Council Action
Taken at oZte qtj leA ; ty Council Meeting
Submitted for Recordat'on by the Orange County CITY OF HUNTINGTON BEACH
Recorder.
Attest 196_
City Clerk and Ex-off icioClerk of the by: City Engineer
City Council of the City of Huntington Beach, /3/ �
Califo
By Deputy 1
City Attorney
36483
s hwi document is solely for the Tax-Exempt-Government Agency
business of the City CITY OF HUNTINGTON BEACH
oSA Hun-1rigton Dz c oli, as content- Connie Brockway,City Clerk
under Govarnmant Code
oc. 610.1 and should be eacvrdad BY:
free of charge. eputy city Clerk
X 0
RETURN A DRESS: DATE / Id
N- o�
l�J e
Regretfully your unrecorded4a,,yAvi( PO ` J I L �m✓n`namg
together with your remittance of$ ,(/. A , Ck. No. Al-A
is being returned as your document is deficient in the area(s) indicated below:
(1) The recorder can find no provision in the law authorizing the recording of the enclosed
document(s).
(2) Recording cannot be performed in this county. Please forward your document to
County Recorder.
(3) For proper indexing:
a. "Et al" is not acceptable; all parties must be named.
b. The name of the company, corporation or partnership must be at the signature
point.
c. The trustee of a trust must be identified as such.
d. The names in the caption, execution and notary acknowledgment must match.
e. The caption of the document and signature point need to identify who the
custodian/agent represents
(4) The Documentary Transfer Tax declaration must be completed to show either the amount of to
due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No
consideration," document must so state.
(5) The city where the property is located or"unincorporated area," is required on the deed and the
tax declaration must indicate how the tax was computed.
(6) The preliminary change of ownership report is required. Please complete or correct the areas
marked in red.
(7) The notary acknowledgment is incompletd(please see red mark) or is on an outdated form. A
"General Acknowledgment" form is required. (See enclosed sample.)
(8) The notary seal is illegible. You may have the notary restamp the document clearly or you may
complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury
statement will increase the fee by $
(9) Portion(s) of the document are illegible (please see red mark). You may execute and submit
new original, or complete the enclosed certification under penalty of perjury. Adding the
"Penalty of Perjury" statement will increase the fee by $
(10) The legal description/exhibit has been omitted. All exhibits must be referenced'in the body of
the document and appropriately labeled.
(11) Recording reference (date and document number or book and page) of the prior recorded
document is incorrect or was omitted.
(12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the
judgment debtor(s) and the address at which the summons was served or mailed.
(13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is
affected must be named and identified (i.e. owner etc.).
(14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State,
Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a
"fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must
include a statement that it is a fixture—filing—to—be—recorded in the real-estate records, a
�— - - -- description of`real property in Orange County and, if the debtor does not own the real property
the name of the owner.
(15) We have received your check without a document or letter of instruction. We are unable to
determine the intent of the fees.
(16) The correct fee is $ If an attachment is added to the
document, the fee will increase as stated on the attached fee schedule.
(17) OTHER:
THANK YOU FOR R CO_OPERATION
GARY AG f TY CLERK-RECORDER Please return to:
Clerk-Recorder
BY Ru^*?^ 8 F-Strada P.O. Box 238
Deputy Recorder Santa Ana, CA 9270^
b F0662-105(R10/96)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 6, 1999
Gary L. Granville, County Clerk-Recorder
P. 0. Box 238
Santa Ana, CA 92702
Enclosed please find "Acceptance of Public Improvements" for Tract 15355. Please
record the acceptance and return to the City of Huntington Beach, Office of the City
Clerk, 2000 Main Street, Huntington Beach, CA 92648.
Please return the 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:
GAf011owup\deed1tr
(Telephone:714-536-5227)
" /ma
Recording requested by,
and when recorded return to: I Recorded in the County of orange, California
I Gary L. Granville, Clerk/Recorder
Connie Brockway,City Clerk Fee ,
Office of the City Clerk i IIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIillllllllllll IIIIIIIIIiII IYY I
CITY OF HUNTINGTON BEACH 19990871070 1 ;54pm 12/27/99
P.O.Box 190—2000 Main Street 005 19013681 19 23
Huntington Beach,Ca. 92648 A04 1 6.00 0.00 0.00 0.00 0.00 0.00
(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 October 20, 1999, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory P
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use. l6F
Further, the public improvements for the subdivision(s)have been dedicated to the City
of Huntington Beach, as described on Final Map No. 15355.
Public improvements constructed consist of the curb, gutter, sidewalk and paving within Garfield
Avenue and Seapoint Street, and the domestic water system and appurtenances within the private
streets.
The Foregoing Instrument is the City Clerk's
Original ument Reflecting City Council Action
Taken at ur ty Council Meeting
Submitted for Recordat'on by the Orange County CITY OF HUNTINGTON BEACH
Recorder_.
Attest "F RRnCKWAY
19_9
City Clerk and Ex-officio Clerk of the by: City Engineer
City Council. of tine City of Huntington Beach,
Califo
Py_ Deputy
A y: City Attorney
/yam - �
36483 This document is solely for the Tax-Exempt-Government Agency
of ciai busiress of the City CITY OF HUNTINGTON BEACH
o'r Huntington Beach, as contem- Connie Brockway,City Clerk
iaZ..:d Winder Government Code
Sec. 6103 and should be recorded BY:
free of charge. eputy Chi e
- T
STATEMENT OF ACTION OF THE CITY COUNCIL
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 6, 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, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
ABSENT:
Consent Calendar- (Item Approved)
A motion was made and the following item was approved as recommended by the following roll
call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
ABSENT:
E-21. (City Council) Final Tract Map No. 15355 Of Tentative Tract Map No. 15355 With
Bonds And Agreements - St. Augustine Subdivision - OC Ventures II, Inc. - s/e Corner
Of Seapointe Street And Garfield Avenue- 1. Approve Final Tract Map No. 15355 and
accept the offer of dedication and improvements and bonds pursuant to Findings and
Requirements listed in.Attachment No. 1 to the Request for Council Action dated
October 6, 1997; and 2. Approve Subdivision Agreement by and between the City of
Huntington Beach and OC Ventures 11, Inc. for Tract No. 15355 and authorize execution
by the Mayor and City Clerk. Submitted by the Community Development Director
[Approved 7-0]
The meeting adjourned to Monday, October, 20, 1997 at 5:00 p.m., in Room B-8, Civic Center,
2000 Main Street, Huntington Beach, California.
/s/ Connie Brockway
City Clerk 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 October 6, 1997.
Witness my hand and seal of the said City of Huntington Beach this 9th day of October, 1997.
/s/ Connie Brockway
City Clerk and ex-officio Clerk of
the City Council of the City of
Huntington Beach, California
B
Deputolity Clerk
(14) 10/06/97 - Councl gency Agenda - Page 14
E-21. (City Council) Final Tract Map No. 15355 Of Tentative Tract Map No. 15355 With
Bonds And Agreements - St. Augustine Subdivision - OC Ventures II, Inc. - s/e
Corner Of Seapointe Street And Garfield Avenue - 1. Approve Final Tract Map
No. 15355 and accept the offer of dedication and improvements and bonds pursuant to
Findings and Requirements listed in Attachment No. 1 to the Request for Council
Action dated October 6, 1997; and 2. Approve Subdivision Agreement by and between
the City of Huntington Beach and OC Ventures 11, Inc. for Tract No. 15355 and
authorize execution by the Mayor and City Clerk. Submitted by the Community
Development Director
[Approved 7-0]
F. Administrative Items
F-1. (City Council) Request For Additional Funding In Preparation For Possible El Nino
Storms - Transfer Of Funds
Communication from the Public Works Director regarding a request for additional
funding in preparation for possible El Nino Storms. (For sand, automatic sandbagger,
rental of alpha numeric pagers, mobile pumping unit, Lark Lane/Trophy Drain interim
drainage facility, and Gregory Lane Storm Channel Repairs.)
Recommended Action: Motion to:
Authorize the Finance Director to transfer a total of$198,205 from the city's
unappropriated General Fund balance to the appropriate Public Works program
account.
[Approved 6-0 (Garofalo Out Of Room)]
F-2. (City Council) Deferred From September 15, 1997- Agreement With Deloitte &
Touche, L.L.P. For Preparation Of Fiscal Feasibility Studies For The Proposed
Huntington Central Park Sports Complex And Gun Range -Amendment To
General Fund Budget (600.10)
Communication from the Deputy City Administrator-Administrative Services Director
and the Community Services Director regarding proposals obtained for the purpose of
hiring an independent financial consultant to prepare a market analysis and proforma
on the Huntington Central Park Sports Complex and the Gun Range.
Recommended Action: Motion to:
1. Approve the Agreement Between the City of Huntington Beach and Deloitte &
Touche, L.L.P., for Consulting Services in Connection with a Potential Youth Sports
Facility and Gun Range, in the amount of$47,500 to prepare a Fiscal Feasibility
Study on the Huntington Central Park Sports Complex and Gun Range and authorize
execution by the Mayor& City Clerk; and 2. Approve an Amendment to the current
year General Fund Budget by appropriating $52,250 (contract- $47,500 expense
reimbursement $4,750) for the Fiscal Feasibility Study.
[Approved 6-0 (Garofalo Out Of The Room)]
(14)
i
LAI CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
Date: October 9, 1997
First American Title Insurance Company
114 E 5th Street
Santa Ana, California 92702
Attention: Janis Okerlund
Regarding: Final Tract Map No. 15355
This is to inform you that all fees have been paid and conditions met on the above
.named tract. You are free to record same at your convenience.
After recording, please return two prints of the Tract Map to Bruce Crosby, Department
of Public Works, P. 0. Box 190, Huntington Beach, CA 92648.
Sincerely,
Connie Brockway, CIVIC
City Clerk
CB:jc
Enclosure
Received by:
NJ
Dated: M10
(Telephone:714-536.5227)
Council/Agency Meeting Held:
Deffee red/Continued to:
®"Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu e
-O
Council Meeting Date: October 6, 1997 Department ID Number: CD 97-43
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Community Development Director ttL
SUBJECT: FINAL TRACT MAP NO. 16355 OF TENTATIVE TRACT MAP NO.
15355, WITH BONDS AND AGREEMENTS (ST. AUGUSTINE
SUBDIVISION)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Final Tract Map No. 15355 (St. Augustine Subdivision, a 71 unit single family residential
project) located at the southeast corner of Seapoint Street and Garfield Avenue is being
submitted to the City Council for approval.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Approve Final Tract Map No. 15355 and accept the offer of dedication and
improvements and bonds pursuant to findings and requirements (Attachment No. 1);
and
2. Approve Subdivision Agreement between the City and OC Ventures II, Inc. and
authorize execution by the Mayor and City Clerk."
Alternative Action(s):
The CityCouncil may make the following motion:
Y 9
A. "Deny Final Tract Map No. 15355 and not accept the offer of dedication,
improvements, and bonds."
RQUEST FOR COUNCIL ACT119N 1
MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: CD 97-43
Analysis:
A. PROJECT PROPOSAL:
SUBDIVIDER: OC Ventures II, Inc.
23 Corporate Plaza, Ste. 250
Newport Beach, CA 92660
ENGINEER: MDS Consulting
17320 Redhill Avenue, Ste. 350
Irvine, CA 92614
LOCATION: Southeast corner of Seapoint Street and Garfield Avenue
ZONE: HSSP-RL-CZ (Holly Seacliff Specific Plan-Low Density Residential-
Coastal Zone)
GENERAL PLAN: RL-7-sp (Low Density Residential) o =
NO. OF ACRES: 15.541 _
rn
NO. OF NUMBERED LOTS: 72 aD tn'
Jrr r-�v m�'
co n X p
NO. OF LETTERED LOTS: 21
fi
r
NO. OF UNITS: 71
DISCUSSION:
On May 27, 1997 the Planning Commission approved Tentative Tract Map No. 15355 for a
72 lot subdivision for construction of 71 detached single family residential units. Final Tract
Map No. 15355 represents the only phase of the project.
The subdivider will satisfy the affordable housing requirement by providing off-site units
within the Holly Specific Plan area. The City is currently reviewing two affordable projects
(approximately 220 units) for Holly Seacliff which will be used to meet this requirement. The
subdivider has satisfied the Park and Recreation requirement through the use of land
dedication credits for 1.22 acres in the future Harriett M. Wieder Regional 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.
CD97-43.DOC -2- 09/30/97 6:00 PM
#QUEST FOR COUNCIL ACT&
MEETING DATE: October 6, 1997 DEPARTMENT ID NUMBER: CD 97-43
Environmental Status:
This action to accept Final Tract Map No. 15355 is exempt from the requirements of the
California Environmental Quality Act, Section 15628(b). Environmental Impact Report No.
89-1 was approved by the City Council in 1990.
Attachment(s):
NumberCity Clerk's
Page
1. Findings and Requirements for Acceptance of Final Map
2. Area Map
3. Tentative Tract Map No. 15355 with site plan
4. Tentative Tract Map No. 15355 Findings and Conditions of
Approval
5. Subdivision Agreement
6. Bonds (Monument, Labor and Materials, Faithful Performance)
CD97-43.DOC -3- 09/30/97 6:00 PM
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ATTACHMENT NO. 1
FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP
Findings for Acceptance of Final Map:
1. Final Tract Map No. 14135 is in conformance with the California Subdivision Map
Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map
No. 14135 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. 3SM91037900 as presented in Attachment No. 6
b. Labor and Material Bond No. 3SM91037900 as presented in Attachment No. 6
c. Monument Bond No. 3SM91038000 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.
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HUNTMGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
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Huntington Beach Planning Commission,
P.O. BOX 190 CALIFORNIA 82648
May 30, 1997
PLC Land Company
23 Corporate Plaza Dr., Ste. 250
Newport Beach,CA 92660
SUBJECT: TENTATIVE TRACT MAP NO. 15355/CONDITIONAL USE PERMIT
NO. 96-76/COASTAL DEVELOPMENT PERMIT NO. 96-17 (St.
Augustine Residential Project)
PROPERTY
OWNER: PLC Land Company, 23 Corporate Plaza Dr., Ste. 250, Newport Beach, CA
92660
REQUEST: To permit the subdivision of approximately 15.5 acres into 72 numbered lots and
21 lettered lots for purposes of developing 71 one and two story detached single
family residential units. The conditional use permit request includes fences
greater than 42 inches in height within the front yard setback area on two lots,
and on two lots the courtyard fences exceed the maximum 42 inch height
allowed within the area required for intersection visibility.
LOCATION: Southeast Corner of Garfield Avenue and Seapoint Street)
DATE OF
'ACTION: May 27, 1997
Your application was acted upon by the Planning Commission of the,City of Huntington Beach on
May 27, 1997, and your request was conditionally approved. Attached to this letter are the
Findings and Conditions of Approval for this application.
Please be advised that the Planning Commission reviews the conceptual plan as a basic request for
entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of the
conditions of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
(97CL527-1) ' - " ,y„ /�•o �I
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A person
desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten
calendar days of the date of the Planning Commission's action. The notice of appeal shall include
the name and address of the appellant, the decision being appealed, and the grounds for the
appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family
dwelling property owner appealing the decision on his/her own property. The appeal fee is
$1,200.00 for all other appeals.
In your case, the last day for filing an appeal and paying the filing fee is June 6, 1997
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1)year after final approval, unless actual construction has
started.
If there are any further questions, please contact Mary Beth Broeren, Associate Planner at
(714) 536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Scott AAAMJ,
Senior Planner
xc: Property Owner
Attachment: Findings and Conditions of Approval
SH:MBB:kjl
(97CL527-2)
FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 15355/
CONDITIONAL USE PERMIT NO. 96-76/
COASTAL DEVELOPMENT PERMIT NO. 96-17
FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 15355:
1. Tentative Tract Map No. 15355 for subdivision of 15.5 gross acres for the purpose of a 71
unit residential subdivision is consistent with the General Plan Land Use Element designation
of Residential Medium Density on the subject property, or any applicable specific plan, or
other applicable provisions of this Code. Detached single family residential developments are
a permitted use.
2. The site is physically suitable for the type and density of development at 4.6 units per acre.
The site was previously studied for a greater intensity of land use (15 units per acre) at the
time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were
adopted for the property. The size, depth, frontage, street width and other design features of
the proposed subdivision are in compliance with the Specific Plan.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The project site was previously evaluated in Environmental Impact
Report No. 89-1 and will comply with appropriate mitigation measures. There are no
environmental impediments to the project.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. The
subdivision will provide all necessary easements and will not affect any existing easements.
FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 96-76:
1. Conditional Use Permit No. 96-76 for the establishment, maintenance and operation of the 71
unit single family homes and for a six foot high courtyard fence within the front setback on
Lot Nos. 16/17 and 44 and within the required front intersection visibility area on Lot Nos. 27
and 33 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.
The proposed grading, site layout and design of the subdivision properly adapts the proposed
structures to street,driveways, and other adjacent structures and uses in a harmonious
manner. The proposed fences will not compromise public safety for pedestrians or motorists.
Due to site characteristics, such as landscape areas and lot orientation, there is adequate
setback from sidewalks and streets.
(97CL527-3)
2. The conditional use permit will be compatible with surrounding uses all of which are
residential. The project is surrounded on all four sides by existing-streets and therefore will
not be directly adjacent to another development. Compliance with the mitigation measures of
Environmental Impact Report No. 89-1 and code provisions ensure that the project will be
compatible with other area developments.
3. The proposed 71 unit single family home project will comply with the provisions of the base
district and other applicable provisions in the Holly Seacliff Specific Plan and any specific
condition required for the proposed use in the district in which it would be located, except for
the six foot high fences proposed on four lots. The proposed residential.units meet all code
provisions, including lot size, setbacks, density and parking. _The fence heights are permitted
with a conditional use permit.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Medium Density on the
subject property. In addition, it is consistent with the following goals and policies of the
General Plan:
A. LU9.1.2: Require that single-family residential units be designed to convey a high
level of quality and character considering the following guidelines:
a. Modulate and articulate building elevation, facades and masses (avoiding
undifferentiated "box-like" structures.
d. Encourage innovative and creative design concepts.
B. LU 9.3.2: Require that the design of new residential subdivisions consider the
following:
b. Integrate public squares, mini-parks, or other landscaped elements.
g. Orient housing units to neighborhood and collector streets.
i. Consider reduced street widths to achieve a more"intimate" relationship between
structures, to the extent feasible and in accordance with Huntington Beach Fire
Department regulations.
FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 96-17:
1. Coastal Development Permit No. 96-17 for the 71 unit single family residential project, as
proposed or as modified by conditions of approval, conforms with the General Plan, including
the Local Coastal Program. Specifically, the project preserves and enhances visual resources
within the coastal zone, through preservation of public views and adequate landscaping and
vegetation, and it provides adequate parking.
(97CL527-4)
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The residential units
will comply with all code requirements, including setbacks, open space and parking.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. Access, utilities, and all other
infrastructure will be provided as required by the Holly Seacliff Specific Plan and the City.
4. The development conforms with the public access and public recreation policies of Chapter 3
of the California Coastal Act. Proposed subdivisions located 300 feet away from the water
are not required to provide vertical or lateral access to coastal resources. The project will not
impact any views or.public access tq coastal resources.
CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 15355:
1. The tentative map received and dated May 14, 1997 shall be the approved layout.
2. Prior to submittal of the final map for approval by the.City Council, the following shall be
required:
a. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to
the Department of Community Development and approved by the City Attorney. The
CC&Rs shall reflect the common driveway access easements, and maintenance of all walls
and common landscape areas by the Homeowners'Association. The CC&Rs must be in .
recordable form prior to recordation of the map.
b. Code Amendment No. 96-2 shall be approved by the California Coastal Commission.
3. The following conditions shall be completed prior to recordation of the final map unless
otherwise stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PW)
a. The following shall be dedicated to the City of Huntington Beach:
1. An easement over the private streets for Police, Fire and Public Works
Department access purposes.
2. The water system and appurtenances as shown on the improvement plans for this
tract.
3. The two foot public utility easement within the private streets.
4. Access rights in, over, across, upon and through the private streets for the
purpose of maintaining, servicing, cleaning, repairing, and replacing the water
system.
(97CL527-5)
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r
b. All vehicular access rights to Seapoint Street, Summit Drive, Garfield Avenue and
Peninsula Lane shall be released and relinquished to the City of Huntington Beach
except at private street intersections.
c. The sewer system within the private streets.shall.be owned and maintained by the
Homeowners Association.
d. The storm drain system within the private streets shall be owned and maintained by
the Homeowners Association.
e. The engineer or surveyor preparing the final map shall tie the boundary of the map
into the Horizontal Control System established by the County Surveyor in a manner
described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange County Subdivision Manual, Subarticle 18.
f. The engineer or surveyor preparing the final map shall submit to the County Surveyor
a digital-graphics file of said map in a manner described in Sections 7-9-330 and 7-9-
337 of the Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18.
g. All exterior landscaping improvements shall be installed and inspected.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO.
15355:
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Park and Recreation Fees shall be paid, or accrued credits assigned, prior to acceptance
of the final map by City Council.
3. Tentative Map No. 15355, Conditional Use Permit No. 96-76 and Coastal Development
Permit No. 96-17 shall become null and void unless exercised within two (2) years of the
date of final approval. An extension of time 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. '
4. The applicant shall submit a check in the amount of$38 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Department of Community Development within two
(2) days of the Planning Commission's action.
(97CL527-6)
CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 96-76/COASTAL
DEVELOPMENT PERMIT NO. 96-17:
1. The site plan and fence plan received and dated May 14, 1997 and floor plans and elevations
received and dated April 17, 1997 shall be the conceptually approved.layout with the
following modifications:
a. The fence plan shall be revised to show that the courtyard wall on Lot No. 29 will
comply with the corner visibility requirement.
b. The floor plans shall revised so that the minimum 18 foot by 19 foot garage area is
unobstructed by any doors opening into the garage..
c. All rear and side elevations facing a street shall be architecturally enhanced to include
architectural projections, window treatment, reveals or other similar treatment.
d. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights-of-way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front
yard setback and shall be screened from view. (Code Requirement)
e. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. 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 showing screening must be submitted for review and approval with the application for
building permit(s). (Code Requirement)
f. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non-obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
g. All garage doors shall be of an automatic roll-up variety.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover.page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
(97CL527-7)
b. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 429. (FD)
c. Submit three(3)copies of the site plan and the processing fee to the Planning Division
for addressing purposes after street.name approval by the Fire Department.
d. .All Fire Department requirements shall be noted on the building plans. (FD).
e. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie
within the 65 CNEL contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report and plans,prepared under the supervision of a
person experienced in the field of acoustical engineering, with the application for
building permit(s). Units shall also comply with the State of California Noise Insulation
Standards. (Code Requirement)
f. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted
with the building permit application. This analysis shall include on-site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties of
underground items including buried pipe and concrete and the protection thereof. (PW)
(Code Requirement)
g. An engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures within
this development shall be constructed in compliance 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
building permits. (Code Requirement)
h. 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.
3. Prior to issuance of grading permits,the following shall be completed: (PV )
a. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval.
b. 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.
* Mitigation Measure
(97CL527-8)
c. Hydrology and hydraulic studies shall be submitted for Public Works review and
approval. The developer shall design and construct the drainage system required to
serve the development.
d. Final design elevations of grading shall not vary from elevations shown on the tentative
map by more than one (1)foot.
e. A Landscape Constriction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location,type, size and quantity of all
existing plant materials to remain,existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval.
f. A soils anaysis,pursuant to Condition No.2f,will be submitted to the Department of
Public Works.
g. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer and submitted for approval.
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. The Final Map shall be accepted by the City Council,recorded with the Orange County
Recorder and a copy filed with the Department of Community Development. (Code
-Requirement)
c. A reproducible mylar copy and a print of the recorded final map, along with a digital
graphics file of the recorded map, shall be submitted to the Department of Public Works.
('W) ,
d. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. An erosion control plan shall be
submitted to the Department of Public Works. (PW )
e. Submit gated entryway(access control devices)plans to the Department of Community
Development. The gated entryway shall comply with Fire Department Standard No. 403.
Prior to the installation of any gates, such plan shall be reviewed and approved by the
Community Development, Fire and Public Works Departments.
(97CL527-9)
5. . Prior to combustible construction, the following shall be completed:
a. All roadways shall be completed to the base course of asphalt. (FD)
b. Eight new fire hydrants shall be installed. (FD)
c. The water system shall be installed. (PW)
6. 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.
7. Prior to final building permit inspection and approval of the first residential unit, the following
shall be completed:
a. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
2) Address numbers will be installed to comply with City Specification No. 428. (FD)
3). Fire access roads will be provided in compliance with the Huntington Beach Fire Code
and City Specification#401. (FD)
b. On-site drainage shall not be directed to adjacent properties, but shall be handled by a
Public Works approved method. (PW)
*Mitigation Measure
(97CLR7-10)
c. The developer shall submit a composite utility plan, showing water system
improvement and all other underground utilities including service connections for
water and sewer to each proposed building with driveways. The installation of the
water system shall be in accordance with applicable Uniform Plumbing Code, City
Ordinances, Public Works Standards and Water Division Facility Design Criteria.
The plans shall be approved by the Public Works Water Division and the City of
Huntington Beach Fire Department prior to construction. (PW)
d. All water improvements shall be designed and installed per the City of Huntington
Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW)
e. A minimum of 10 feet clear unobstructed paved or landscaped surface (no structures)
shall be maintained on either side of the proposed water main for maintenance
purposes. (PW)
f. The developer shall submit water system calculations with the project's first plan
check. (PW)
g. The placement of water meters within driveways is not permitted. (PW)
h. Manholes shall be constructed at the terminus of all sewer lines eight (8) inches or
greater in diameter(no clean-outs). (PW)
i. Summit Drive and Peninsula Lane shall be constructed to full width adjacent to tract
boundary. (PW)
j. All construction material shall be removed at the existing desilting basin. In addition,
the existing catch basin located on the east side of Seapoint Street, south of Garfield
Avenue, shall be repaired to Public Works satisfaction. (PW)
k. _There shall be no trees or shrubs permitted within storm drain or sewer easement
areas. (PW)
1. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
in. 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.
n. The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
o. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
(97CL527-11)
p. All units built on"flag lots" (buildings)that are farther than 150 feet from the nearest
street to the back of the building shall have automatic sprinklers installed throughout to
comply with Huntington Beach Fire Department and Uniform Building Code Standards.
Shop drawings will be submitted to and approved by the Fire Department prior to
installation. (Potentially the units on Lot Nos. 9, 18, 30, 43, 44 and 45 will require
sprinklers.) (FD)
q. Two emergency vehicle access points shall be required as shown on the plan. (FD)
8. In the event of a water line failure, the City shall not be responsible for:
a. Any vehicle (in an authorized or,unauthorized parking space) that may be damaged.
b. Replacement of any ornate paving, curbing or landscaping, as this is the responsibility
of the Homeowners Association. (PW)
9. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may
be required pursuant to the HBZSO.
10. This Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall not
become effective until Code Amendment No. 96-2 has been approved by the California
Coastal Commission, and is in effect.
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall not
become effective until the ten day appeal period has elapsed and Code Amendment No. 96-2
has been approved by the California Coastal Commission, and is in effect..
2. Conditional Use Permit No. 96-76 and Coastal Development Permit No. 96-17 shall become
null and void unless,exercised within one year of the date of final approval or such extension
of time as may be granted by the Director pursuant to a written request submitted to the
Department of Community Development a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-76
and Coastal Development Permit No. 96-17, pursuant to a public hearing for revocation, if
any violation of these conditions or the Holly Seacliff Specific Plan or Municipal Code
occurs.
(97CL527-12)
4. All applicable Public Works fees shall be paid. (PW)
5. Traffic Impact Fees shall be paid, or accrued credits assigned, at the time of final inspection
or issuance of a Certificate of Occupancy. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. State-mandated school impact fees, or such fees as have been agreed to by the applicant and
the school districts, shall be paid prior to issuance of building permits.
8. All new and any existing utilities shall be installed underground. (PW)
9. The development shall comply with all applicable provisions of the Municipal Code, Building
Division, and Fire Department as well as applicable local, State and Federal Fire Codes,
Ordinances, and standards, except as noted herein.
10. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
11. The applicant shall submit a check in the amount of$38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Planning Commission's action.
*Mitigation Measure
(97CL527-13) -
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SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
OC VENTURES II, INC.
FOR TRACT NO. 15355
TABLE OF CONTENTS
Sec ion Page
1 General Street Construction.......................................................................................2
2 Arterial Highway Improvement.................................................................................2
3 Guarantee...................................................................................................................3
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...........................................................................................................6
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
OC VENTURES II, INC.
FOR TRACT NO. 15355
THIS AGREEMENT is entered into this�day of De--fZ b-e , 1997, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and OC VENTURES II, INC., a California
corporation, hereinafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY,which it is seeking to
subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to
public use, and is about to file with CITY a map of the tract of land known as Tract No. 15355;
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
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RLS 97-687
8/28/97
Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision
Code.
NOW, THEREFORE, in consideration of the promises and agreements of the parties as
herein set forth, the parties agree as follows:
1. GENERAL STREET CONSTRUCTION
SUBDIVIDER does hereby agree to do and perform the following work in said
tract: - all conditions of the tract map not completed at the time of the recordation thereof to
include, but not limited to, the construction of streets, including excavation,paving, curbs,
gutters, sidewalks,trees and 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.
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RLS 97-687
8/28/97
3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligation as stated herein for a period of one (1)year following the date of City Council
acceptance of same.
4. FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Zoning and Subdivision Code, upon
execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Three Hundred
Fourteen Thousand Dollars ($314,000.00) 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
3
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RLS 97-687
8/28/97
obligations or operations herein undertaken by SUBDIVIDER, caused in whole or in part by any
negligent act or omission of the SUBDIVIDER, any subcontractors, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, including but not
limited to concurrent active or passive negligence except where caused by the active negligence,
sole negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its
sole cost and expense.
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.
SUBDIVIDER shall require all subcontractors to provide such workers compensation
insurance for all of the subcontractors' employees. SUBDIVIDER shall furnish to CITY a
certificate of waiver of subrogation under the terms of the workers compensation insurance and
SUBDIVIDER shall similarly require all subcontractors to waive subrogation.
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
4
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RLS 97-687
8/28/97
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
$1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds,
and shall specifically provide that any other insurance coverage which may be applicable to the
PROJECT shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary.
Under no circumstances shall said above mentioned insurance contain a self-insured
retention, or a"deductible" or any other similar form of limitation on the required coverage in
excess of$
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 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
5
4/s:PCD:Agree:Tr 15355
RLS 97-687
8/28/97
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.
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.
Balance of page intentionally left blank.
6
4/s:PCD:Agree:Tr 15355
RLS 97-687
8/28/97
IN WITNESS WHEREOF,the parties hereto have executed this agreement the
day and year first above written.
SUBDIVIDER: CITY OF HUNTINGTON BEACH, A
OC VENTURES II, INC. municipal corporation of the State of
By: Z� California
7-ITI�- P-9NLL Ir
print or type nameMayor
ITS: (circle one)Chairman of the Boaz /Presiders y Vice President
ATTEST:
AND
By: City---Clerk /0 q q 7
Z 1 Vil b ►99b u. L -729W APPROVED AS TO FORM:
print or type name)
ITS: (circle one) ecretary' hief Financial Officer/
Asst.Secretary-Treasurer City Attorney I
INITIATED AND APPROVED:
f?� City Engineer
/-,JLF.,VIEWED AND AP O
City dministrator
7
4/s:PCD:Agree:Tr 15 3 5 5
RLS 97-687
8/28/97
3 ,
I have received Faithful Performance Bond No. 3SM 910 379 00 -American Motorists
Insurance Company, Labor and Material Bond No. 3SM 910 379 00 -American
Motorists Insurance Company, Monument Bond No. 3SM 910 380 00 - American
Motorist Insurance Company.
Re: Final Tract Map No. 15355 of Tentative Tract Map No. 15355, St. Augustine
Subdivision
RCA and Action Agenda for October 6, 1997 attached.
Dated:
By: '
• . BOND NO.3SM 910 379 00
PREMIUM $3,768.00/two yea-
First Term Premium Fully
Earned.Upon Issuance
FAITHFUL PERFORMANCE BOND
WHEREAS, (lie City Council of the City of Huntington Beach. State of California, and
"O.C. Ventures II, a California corporation
(hereinafter designated as 'principal') have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said atareernent, sated
19 97 , and identified as project Tract No.15355, is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under Ilse terns of said agreement to furnish a bond
for the faithful performance of said agreement.
Now, therefor, we, the principal and American Motor ists Insurance 'Company ,
as surety, are held and firmly bound unto the City of liuntingt-an Beach, hereinafter called 'City', the penal
SUM Of FOUR HUNDRED SEVENTY ONE THOUSAND dollars ($ 47 1,000.00 )
lawful money of the United States, for the payment of which sum well and truly to be made,we bind
ourselves, our heirs, successors, executors and administrators,jointly and severally,firmly by these
presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and
truly keep and perform the covenant, condition and provisions in the slid agreement and any alteration
thereof made as therein provided, on his or•,lheir part, to be kr!pt 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 harmtess 'City'.Its officers, agents and employees, as therein stipulated, then this obligation
shall become null and void; otherwise it shall be and remain is, 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.
I
The surety hereby stipulales 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(lie 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 ilia: 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 August 26 , �g 97
O.C. Ventures II, a California , as Principal
Corporation
By See Attached Signature Page
ey
American Motiris)N Insurance Company , as Surety
By IAI hN
Itfit. upper
By A for in-Fact
-
L'V+`:
L' = T.1 ,4 aornay
2
• •
RPt3Sl=::. : C3�1�t('4 �I l.... I...................................................::.:.:..:::.:::................ :::::.......................................
State of California
County of Los Angeles
AUG 2 6 1�1
On before me, A. Melendez, Notary Public,
NAME,TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
o.....V and that by his/her/their signature(s) on the
}� A. ',,f,,E ENDEZ instrument the person(s), or the entity upon
m'r 7'9" k behalf of which the person(s) acted executed the
W.; -
.,,.., _ r
_ Q instrument.
i�bbiir®Obc4bbUseaa000eooboo•accsoc ac
WITNESS my hand and official seal.
(SIGNATURE OF NO RY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Bond(s)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED
ABOVE
O.C. VENTURES II, a California corporation
Name:
Title: P(1�4v(��T
By: �
Name:2A
Title: S
� M r
A ERI
'-446Y -
0
}
STATE OF CALIF RNIA }ss.
COUNTY OF
On l, 1 f S , before me, I` O t3i�( �9-
personally a eared
personally known to me
c Ory ev) ) to be the person(*) whose name(s)�gare
subscribed to the within instrument and acknowledged to me tha Qsbg4hey executed the same
in iJie4h4i�r-authorized capacity(ies), and that )s hefOeifsignatureN on the instrument the
personM or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my official seal.
Signature ,
ROBERTA M. KERN
COMM. #1119189
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Comm.E)V es Dec.6,2000
(This area for official notarial seal)
Title of Document
Date of Document vl�, /Sf No. of Pages
Other signatures not acknowledged
3008(1/94) (General) _
First American Title Insurance Company
BOND NO.3SM 910 379 00
PREMIUM Included With
Performance
LABOR AND MATERIAL BOND
WHEREAS.the City Council of the City of Huntington Beach, State of California, and "
O.C. Ventures II, a California corporation
(hereinafter designated as'Principal') have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said agreement, dated ,
19,9Z, and identified as project Tract Nn.1 5355 As hereby referred to and made apart hereof; and
WHEREAS, under the terms of said agreement,principal is required before entering upon
the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach
to secure the claims to which reference Is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of Civil Code of the State of California.
Now,therefore, said principal and the undersigned as corporate surety, are held firmly
bound unto the City of Huntington Beach and all contractors, subcontractors.laborers, materialmen and
other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedures in the sum of FOUR HUNDRED SEVENTY ONE THOUSAND
dollars($ 471,000.00 �, 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 surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in
case suit is brought upon this bond.will pay, in addition to the face amount thereof,costs and reasonable
expenses and fees, including reasonable attorney's fees, incurred by'City in successfully enforcing such
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons, companies and corporations entitled to file claims under Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed,then this obligation shall become null
and void,otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any manner
1
.<<:<. ��»
State of California
County of Los Anaeles
On A hp, 2 Iq Iron before me, A. Melendez, Notary Public,
I NAME,TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
■Personally known to me OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
O•tlGCe000E090AOSOCGeetOoof:Oe(.7o0•feeee
`:= 'IELEiIDEZ d and that by his/her/their signature(s) on the
�10 R instrument the person(s), or the entity upon
2 behalf of which the person(s) acted, executed the
instrument.
ssoGe¢out=emcereaaarsrkaeeEeoaoeeaeome
WITNESS my hand and official seal.
(SIGNATURE OF N7ARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Bond(s)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR AUG 2 6
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED
ABOVE
• • r--�
narionx
isueance
mm um,
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
William J. Shupper of Los Angeles, California*'*
its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount
of no one bond or undertaking exceeds FIVE MILLION
DOLLARS ($5,000,000.00) %•%%•�•• �•� ' '
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
''VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process.-
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
-VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified,with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company.-
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
f u iuon 4
cwrnw a
W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President
(OVER)
STATE OF ILLINOIS
COUNTY OF LAKE SS
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98 A A A A A A A A.A.AL A Irene Klewer,Notary Public
4 "OFFICIAL SEAL" ►
4 Irene Klewer ►
4 Notary Public,State of Illinois ►
My Commission Expires 1/2W98 ►
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 1, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this day of A V G 2 6 713017 ig
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
O.C. VENTURES II, a California corporation
BY,
RGt.X� �
Name u,
Title: POES UDU-PZ r
Ely: .Z
Name: 0`S
Title:_
affect its obligation on thisend, and it does hereby waive notice of an•ch change, extension, alteration
of addition.
In witness whereof, this instrument has been fully executed by the principal and surety
above named, on August 26, , 19 97
O.C. Ventures II, a California corporation as Principal
By: see Attached Signature page
By:
America r' is Insurance Company , as Surety
By: IV 1�m
__V11 i iam upper
By: Attorne -Fact
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE
ON 7��-7 BEFORE ME, � �� YT YY!- -- -> L/`�V ,
A NOTAR PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED 7 I&b 1�B4 aL/ kjlq)
PERSONALLY KNOWN-TO ME( t`Q )
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 h
HA
SIGNATURE V MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) A A ~ A A EXPIRES
ROBEA� R 6��va
STATE OF CALIFORNIA j � . COMM. #1119189
SS NOTARY PUBLIC OORANGE COUNTY
J
COUNTY OF ORANGE ) My Comm.Explres Dec.6,2000
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
o (NAME PRINTED) MY COMMISSION EXPIRES
2
` BOND NO. 3SM 910 380 00
PREMIUM, 11MOO 2 years
First Term Premium Fully
Earned Upon Issuance
MONUMENT BOND
EXECUTED IN DUPLICATE
KNOW ALL MEN BY THESE PRESENTS:
THAT O.C. Ventures II, a California corporation
as Subdivider of Tract No. 15355 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 in said certificate:
That said o.C_ Ventures II, a California corporation
(Subdivider)
as principal, and American Motorists Insurance Company
as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such
monuments within or in connection with said tract, as are not already set prior to the recording of said Final
Map, in accordance with said map and said certificate up to but not in excess of the sum of TWELVE THOUS Awn
$ 12,000.00 ,in which sum we are held and firmly bound to the City of Huntington Beach, all in
accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the
Government Code of the State of California
IN WITNESS WHEREOF.we have executed this instrument this 26th day of
August 1g 97
o_C. Ventures II, a California corporation as Principal
B . See Attached Signature Page
By:
Ameri n AJrists Insurance Company as Surety
By:
1 la
By; Attorn -i -Fact
f
1
r
O.C. VENTURES II,a California corporation
_ By: L)
Q l �c
Name: i AN iaM44
Title: side,✓+-
By:
Name: i ftlajawad-
Title:
I
AFp�C� ;D AS TO FC4id
1 -
GAI1,
State of California
County of Los Angeles
On AUG 2 6 1997 before me, A. Melendez Notary Public,
NAME,TITLE OF OFFICER
personally appeared William J. Shupper
NAME OF SIGNER
■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
OC OOY OOPp op PQP�9BPB6/Q�EO''.QEn npppO�npQ
A. Mi:LENi)EZ S and that by his/her/their signature(s) on the
G instrument the person(s), or the entity upon
LIhQnNIA Cfi s behalf of which the person(s) acted, executed the
,..''
LQE AN iELES 2 instrument.
•
C•QOCYCpf+Q 9•@@4 @Qr f:@Q@•Cp•YY LY6••Yfi•ii -
WITNESS my hand and official seal.
(SIGNATURE OF ARY)
OPTIONAL "
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL Bond(s)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED
ABOVE
(dart '� d
}
STATE OF CALIFORNIA }ss.
COUNTY OF 4A4,4 -
On a 9 s s 7 , before me,
personally appeared ZI /$D /d-136 ILL t,--7 0WiI
personally known to me
( } to be the person(* whose name(p)tVafe-
subscribed to the within instrument and acknowledged to me that of fey executed the same
in Clavle" ir-authorized capacity(iegp), and that byd5Z e Signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(R) acted, executed the instrument.
WITNESS hand and official seal.
Signature eo-Q,�
QROBERTA M. KERNCOMM. #1119189
7NOTARY PUBLIC•CALIFORNIA
ORANGE COUNTY
i
My Comm.Expires Dec.6.2000
(This area for official notarial seal)
Title of Document doli
Date of Document .U, /Fs 7 No. of Pages y
Other signatures not acknowledged 42jf22r
3008(1(94) (General)
First American Title Insurance Company
IV2MPER.
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual
Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove,
Illinois, (hereinafter collectively referred to as the"Company")do hereby appoint
William J. Shupper of Los Angeles, California
their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance
of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings.
EXCEPTION:r_NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or
collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit
of authority as set forth herein.
This appointment may be revoked at any time by the Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply
to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in
Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31.2001
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company
on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter_ set forth and are hereby certified to by the
undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with
the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on
behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and
other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive
Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988_
"VOTED,That the signature of the Chairman of the Board, the President,any Vice President,or their appointees designated in writing and filed
with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary, may be affixed by facsimile
on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23,
1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to
be valid and binding upon the Company."
In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers,
this January 28, 1993.
Attested and Certified: Lumbermens Mutual Casualty Company
American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
•`�yW01 C', Mut/M dsu InsY.
a o co n
E I trr rr COBraR4� x�I ��Iwllaa
SIAI -' COR►OIIATI011 e v
Robert P. Harries,Secretary by J.S. Kemper, lll,Exec.Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public,do hereby certify that J.S.Kemper, III and Robert P. Hames personally known to me to be the same persons
whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists
Insurance Company,and the American Manufacturers Mutual Insurance Company,Corporations organized and existing under the laws of the
State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being
thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said
corporations and as their own free and voluntary acts for the uses and purposes therein set forth.
4 "OFFICIAL SEAL" ► �,
4 Irene Klewer ►
4 Notary Public,State of Illinois if,
My Commisslon Ezpkm UMB ►
My commission expires 1-28-98 1W IV V 1W 14F 1W Irene Klewer,Notary Public
CERTIFICATION
I,J.K.Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the
American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attorney dated January 28, 1993 on
behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is
in full force and effect on the date of this certificate;and I do further certify that the said J.S. Kemper,III and Robert P. Hames,who executed the
Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney
the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance
Company,and the American Manufacturers Mutual Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company,
the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this
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J. K.Conway,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
FK 0362 6-96
Power of Attorney-Term Printed in U.S.A
OC Ventures II
September 30, 1997
Ms. Mary Beth Broeren
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648
Re: St. Augustine Certificate of Insurance
Dear Ms. Broeren:
Regarding the Certificate of Insurance for St. Augustine Tract 15355, please be advised that OC
Ventures II will engage the services of Christopher Homes Development Co., a licensed general
building contractor, for the construction, development and marketing of the project.
Please note that OC Ventures II is a named insured under the Steadfast Insurance policy.
Sincerely,
Ziyad Abduljawad
Chairman
ZA/ja
Enclosures
V 0., 1 IV 4 j U 1 14 1-'V 1.;14 'Ej tj i.)
V
.... ... .......
$: ITT
D
WK.
THIC MIMPIEZ IS 13,50 V AV A MAI QI* IN �;Clg
ONLY AND CONGERS NO RIGHTS UPON CERTIFICATE
GALLAGHER HEFFERNAN INS BRKRS HOLDER. THIS CERTIFICATE 06ES NOT AMEND. EXTEND OR
P.O. Box 7443 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Francisco, CA 94120-7443 COMPANIES AFFORDING COVERAGE3640,&0/ , CCUPANY
415-546-9300 A ITl _,p 10
_Wgumm— 14115? A Steadfast Insurance Corrig iiny
1�4-3 C—l!r! ti -Vn A-P I 5 ASS COMPANY
Christopher Homes 8
23 Corporate Plaza COMPANY
Suite 250 C
Newport Beach, CA 92650 COMPANY
7-e--
M
T HIS IS TO CERTIFY THAT THE POLICIES CFINSUPANCE LIS T ED 6E.L-6--ZHAVE BEENISSUEO TO THE INSURED NAMED ABOVE 5OR T HE POLICY P'ERlo 0
INDIC A f E D,NO T WIT HS T ANOING A NY RED UIAEMENT.T EW C RCONOIT;ON OF ANYCO NT R ACT ORO THEROOCLUENT WIT HRE SPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED ORMAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSu8jECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LMT S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS.
eo TVPEGF INSURANCE POLICY NIUM01131 POLICYC"rOTTIM P*LICY9xPiRATtor4
LTD1 *A'M(MMMWVV) DATE(MMEDDIVY) LIMB!
GENERALLIA1111111.11V GENERAL AWREGATE Is 2000000
A X COMMERCIAL GENERAL LIABILITY SCO 215.q2.0201 9/01/97 8/01/99 PRODUCTS-COMPIOP AM 1000000
CLAIMS MACE 1:1.OCCUR PERSONAL 16 ADV IKJ_RY
OwWWS L CONTRACTOR'S PROT EACH OCCUWC=NCE f 1000000
A X SIR—M .000 FIRE DAMACE("one lire) S
W.0 EXP(AM am person) I
AulamouLis LIAOLITY COMISINED BINDLE LIMIT I
ANY AUTO
ALL OWNED AUTOS =II.Y INkAy
SCW—r'LLM AUTOS (Per person) I
KIRED AUTOS APPROVED AS TO FORM.11 OWILY INJURY 4
GAITI J 1"I"T"ON
NON-OWNIE-0 AUKS j I (Pne accident)
CITY 'L T:1'0�r�!,TEy PRCPEAiY DAMAGE
By: //�� .
GARAIM LIA411LITY T11 ONLY ,FA
DeW 4 11I j At.-Orney.
ANY AUTO Wr-ER THAN AUTO ONLY:
A-44 EACH ACCICENI I
ACaErIATE S
EXCENSLIABLITY EACH OCZMENCE S
UMBRELLA FORM AOI�RECJATE
OTFER THAN VM3RELLA FORM
WORKERS 00 MPEM ATION AND STATUTORY LIMITZ;
ZMPLOYERVLIABLrfY
EACH ACCIDENT I
T)•E PROPRIETOR/ INCL DISEASE POLICY LIMIT I
PAAJh04SJEXECU1IvF.
OFFICM APE: F_XCL DISEASE•EACH EMPLOYEE I
OTHER
ITEMS
THE CITY OF HUNTINGTCN BEACH, ITS AGENTS, OFFICERS &-EMPLOYEES ARE NAMEDAS
AN ADDITIONAL INSURED ALONG WITH OC VENTURES 11
10 day notice of canc . for non—nayme
CE
I N:1; 1:
SHOULD ANY OF THE MOVE W.SGRI130) POLICIMS DE CANCELLED DIEFORE THIS
EXPIRATION 94te T"llftOl', THE =UIN91 COMPANY WILL lNAVA'WWXor5t P441L
CITY OF HUNT INGTON BEACH 3C DAIS WAffM NQTICFT07NECFRTWICATF HOLOCR NAMWTO THRI.Eirr.
2000 MAIN STREET R". Kale",fTvX11?*Tk%vX
HUNT INGTON BEACH, CA 92649 WW WANWX JF*C Aga; 7c vilt gq"XMCWW'M -
020100000
; Uq-1.1 .48
-A
rX
_•111;Z3%yr 11i:�LI '"714 7Z11 1"14 eLi_ LA.Nll c,i1:� FA.N1 �JUU:S
,FROM_r� CITY OF HB-/RISK MGMT PHONE NO. : 17143741597 • Sep. 22 1997 10:17AM P2
'A.$ i11Z City of Huntington Beach
6 2000 Main Street California 92648
►wNnNotoN eewcH
DECLAkATION of NON-EMPLOYEk STATUS
In order to comply with City Council Resolution No. 97-20, you are required to provide proof of
Workers' Compensation insurance. If you have no employees, this form must be signed and returned
to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92648
0
I certify that in the performance of the activity or work for which this permit is issued, I shall not employ
any person in any manner so as to become subject to California Workers' Compensation insurance
requirements.
1 authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit
issued under this declaration. if I hire any employee(s) or become subject to the provisions of the laws
requiring Workers' Compensation Insurance.
Applicant/Company Name: D. C, . V P Sm.-a --0-- -
Address:
Applicant's Signature: A Date_
Title:
Location Signed: ak 0)
Telephone Number: IW� :Ia'Za c �
r,.wie4Mvn+Arg-rt.Inc\Wr_wvr.Dt3c (Rev.8/13/97)
CITY OF HUNTINGTON BEACH
APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION .
1. Name/Title/Department of Requesting Staff Member,,i llel
2. Date of Request cffZ���7
3. Name of Contractor/Permittee
4. Description of work to be performed x1a.. /r" rS
5. Length of Contract Z IJ641e5
6. Type of Insurance Waiver or Modification Requested: nle' 990
(a)Limits: (b)Coverage
7. Reason for Request for Waiver or Reduction of Limits7l ��wi%��
8. Identify the risks to the City if this request for waiver or modifications granted
Department Head Signature
IAL4t - ----------- F—
(Thu section to be completed by the Risk Manager)
Recommendation:
Approv Deny Risk Manager's Signature/D /-�►/O /
(This section to be completed by the City Attorney)
Recommendation:
Approved Deny . City Attorney's Signature/Date r-
Settlement Committee approvalW[is not] required for this waiver. If Settlement Committee approval is required,
submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny
City Council approval] [is not] required for this waiver. If City Council approval is required,attach this form to the.
RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not] on City Council agenda.
Jmp/k/resoution/insreq/9/11/97
7
•
M AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Janelle Case
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineer Assistant
DATE: October 8, 1997
TRACT NO.: 15355
TITLE CO.: First American Title Insurance Co., 114 E 5th St., Santa Ana, Ca. 92702
PHONE NO.: (714) 558-3211
TITLE OFFICER: Janis Okerlund
I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have
been complied with.
Bruce P. C by
28171
NOTICE OPCOMPLIANCE WITHfONDITIONS
ON TRACT/PARCEL MAP AND I AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: Id q
FROM: CONOA LAITY DEVELOPMENT
Howard Zelefsky
TRACT NO. 1 h�3S�S
PARCEL MAP NO.
PARK AND RECREATION FEES PAID: YES ��� _ C,( 1� ❑ NO
OTHER:
award Zelefsky
Planning Director