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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 a C April 30, 2001 CERTIFIED MAIL o -�-+ a C-1 -C yam-=, a0 M, C-) mor-rn ,� American Motorists Insurance Company D a ''rn 7470 N. Figueroa St. o Los Angeles, CA 90041 P � D 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 r ,l f / (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 �I 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 �LFJ•Ss f.,U�O i (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 ,.i-y-� r— '�. ._-_. .1:.. ._. ....s....... _. ._......._._... -.., ...,x.. ,..�;:.c....,..a.�. .:.��._._.... _` 1..... max_ � ._�ct�,^.+._.....��':t'.:..J -- •-1. �'�wy. • Office of the City Clerk NA ' 5, CITY of HUNTINGTON BEACH lBk �.1309W ;:i,>> : '1 •.. �; P.O. Box 190 California 92648 16 ,6 C A H METER 42218Y ',+d REASON CHECKED OC VentuXesInc. o Moas4,Leh No Address 24461 .Ri Drive JdUmftToForward la H92683-1686 9 O Attempted•Not Krw^" O Undalmed O RohmW D No Such Street o No Such Nwdet / 4 9r:sufficiem address ' • 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) _ • � ,,,,ter 1 CITY OF HUNTINGTON BEAC �' SRZ I-W� Pf" 10 J 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 # 1 i s vAuln aaa • ♦ aura ♦ ILLm ti II 5s Z aAwmn •TuRrra w AG.lO , r / i octo ma •QLMA • "'`"m' BAhmmm T11 M- I' I PROJECT F ..............................- ....... CF-R VICINITY MAP JJ 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-.......... .......__ SpaceOnly) RCA Author: Bruce Crosby:jm y j / • • 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 " U GTollowup/coverltr (Telephone:714-536-5227) we rv.0 d i coma �oaa m. rw+n avu • � uueu auvm.a •rwmx /oaww,raca •�.wU /svavw w� I PROJECT ' ;' .. t �r11 IA icyi I CF-R tit VICINITY MAP JEd � TT 15355 / CUP 96-76 / C D P 96-17 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 r- z � -�, r �;� ,<�=� Wiz. i§. „q.,�k. 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. • i � g a werAc v, s EDRIM _ SLAM TALAW sun v wrmn � I nmuxAKW - •Anwa PROJECT Ll \ ram_ •.,\ CF-E if • s ` CF-R woa VICINITY MAP TT 15355 / CUP 96-76 / CDP 96-17 HUNTMGTON BEACH HUNTINGTON BEACH PLANNING DIVISION W , a g i PAR Wl . �� jd / 11 fil tom. .: • .� J► r ■ ML NO Ad w�� , Mid , a 1 4 y'I• �'i�AWMMR � / • ZEN. MVA a AN I ,\ _---- ''+ �S � . '"SIB���•ic � �, rr�, \_ 3= - - ' =�` • J� 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) �t 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) - ^� �. , . - � . . � �. . . . . . . . . . �y � ����� m�� �:dam� : m . � « .� .. :.. m ,. . . , 77..« 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 1 4/s:PCD:Agree:Tr 153 55 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. 2 4/s:PCD:Agree:Tr15355 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 4/s:PCD:Agree:Tr 15355 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 4/s:PCD:Agree:Tr 15355 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 VG 2 6 19 19 %oat ryi+ `•yiut Iy W.'sts Ina&. �• aj 'r a F° +S e for r S s" CavAL a `I An Iw*as Sae—JA- e16-7 • F 7IAl � .slcaweaano� e a 4In ftv ��V �Ont Ctut° 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