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Final Tract 14829 Tentative Tract 14829 - bonds & agreements
C 14"d o, _E:: k Recording requested by, i 1 U^i t 0;-':. 8 Er A C H, CA and when recorded return to: .- - - - ------ -- ------ - - 1001 OCT-2 U -A-iO 3 3- - Connie Brockway City Clerk Recorded in Official Records, County of Orange Office of the City Clerk Darlene Bloom, Interim Clerk-Recorder CITY OF HIJNTINGTON BEACH P.O.Box 190-2000 Main Street FEE Huntington Beach,Ca.92648 2002088295911:09am 10/11/02 111 3 A04 1 This document Is solely for the 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 official business of the City of Huntington Beach, as contem- -- plated under Government Code Sec. 6103 and should be recorded free of charge. (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS I� (Huntington Beach Zoning and Subdivision Ordinance-Section 255.22) PLEASE TAKE NOTICE THAT on August 15, 2002, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory C 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. 14829. Public improvements constructed consist of the omestic water system and appurtenances through Lot"A"(private street). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at September 16, 2002 City Council Meeting Submitted for.Recordation by the Orange County Recorder. Attest 0q— 20 — 2001 CONNIE BROCKWAY City Clerk and Ex-officio Clerk oft W#il KAi&City of Hu tington Beach, California By Deputy IV CITY OF 7TINGTO ACH l Tax-Exempt-G vernntent Agency CITY N BEACH by: City Engineer By:....... ..--- -------- ------ Deputy C Clerk G:\Engineering Division\Claudio\Bonds\Tract 14829 acceptance form.doc BONA NO. 3SM 954 935 - A. • PREMIUM i kPPR0V M- AS TO POLL-4J1 0,111. is;TTON, City Attorney i GUARANTEE AND WARRANTY BOND BY: Deputy City Attorney WHEREAS, Parkside Court, LLC a Principal, and AMERICAN MOTORISTS INSURANCE COMPANY ,a corporation organized under the laws of the State of Illinois and duly authorized to do business in the State of California, as Surety, are held and firmly bound unto the I City of Huntington Beach,Caiifbmia, as Obligee,in the penal sum of Nine Thousand Two Hundred i and nO/100ths Dollars ($9,200.00) , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly to be made we do bind ourselves, and each of our heirs,executors,administratoni,successors and assigns jointly and severally. WHEREAS, thi said principal entered into a contract with said Obligee,dated 1999 for work described as follows: Tract No. 14829-public improvements:: i i I WHEREAS,sold contract provides that the Principal will fumish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects In workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEROORE, the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obliges .: In witness whereof, this instrument has been duly executed by the principal and surety above named, on May 25 th ZO 01 Parksi a Co t, as Principal APPROVED A:S TO FOPid., iliJT'Tv11, Cit;r AttornDavi Z Nod A orne n-Fact r� : 'UT City Attorney 1 MI MAY. 23. 20011` : 06PM ETCO DEVELOPMENT INC 714N0. 56I873 P. 5 03' i as Surety B� Bye STATE OF CALIFORNIA ) j 5S COUNTY OF ORANGE ) ON �la-�- � �� I-, BEFORE ME, r , A NOTARY PUBLIC IN AND FbR SAID STATE, PERSONALLY APPEARED Res ARB , PERSONALLY KNOWN TO ME(OR PROV,gl)TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO 8E THE PERSON WHOSE NAME l SUBSCRIBED TO THE VITHIN INSTRUMENT AND ACKNOWLEDGMT 0 ME THATSHEVEXECUTED THE SAME IN AUTHORIZED CAPACITA% AND THAT BY T SIGNATURE$ ON THE INSTRUMENT THE PERSON,OR THE ENTITY UPON BEHALF OF WHICH THE PERSON#ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE, A 0AL1'lIl .Io C�.(1 MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR,SAID STATE IN % COUNTY (NAME PRINTS ) MY COMMISSION EXPIRES . Brenda M.Wicketti STATE OF CALIFORNIA ) ; �I1 Comm.#1161647 / V NOTARY PUBLIC-CALIFORNIAT SS ORANGE COUNTY n COUNTY OF ORANGE ) Comm.Exp.Nov.15,2001 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 F.OR SAID.STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 1ses� i _ 2 i TOTAL P.93 State of California County of Los Angeles On before me, A Melend Z Notary Public, NAME,TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ooecaeeceossa®ecea°oocssoso0reoboe signature(s) on the instrument the person(s),or the entity A. MELENDEZ upon behalf of which the person(s) acted, executed the R _ COMM.#1256236 instrument. S M NOTARY PUBLIC-Ci;LtFORNiA R 2 S LOS ANGELES COUNTY. 2 o° gay Comm.Expi,-as hiarch 10,2OU WITNESS y hand d fficial seal oe000eooeeac000soeeseocoe=¢ec6u�•¢•c cc�eo' v � ' (SIGNATURE OF NOT Y) 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 SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) -------—-------- ❑ PARTNER(5) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) MAY 2 5 2001 ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR_ENTITY(IES) American Motorists Insurance Companry L mbermens Mutual Casualty Company SIGNER OTHER THAN NAME ABOVE America_„ Manufacturers Mutual_ Insurance Comp_an Lou Jones&Associates PCOMPER. Home Offlce: Long Grove, It. 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 Iitnois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint David Z Noddle of Los Angeles,California•""""""""" their true and lawful agent(s)and attomey(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,seat 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.arty 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 riled 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 seats to be affixed by their authorized officers, this March 20,2000. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company U s SIAL Seopau„a. , Robert P.Harries,Secretary by J.S:Kemper, III,Exec.Vice President • 3232567218 LOU JONES & ASSOC. 233 P02 JUL 11 101 14:02 COUNW OF LOS ANGELES REGISTRAR-RECORDEFICOUNTY CLERK P.O. BOX 692,LOS ANGELES,CALIFORNIA 90053-0692/(310)462-2060 4 �f CONNY B.McCORMACK AEGISTRAR-RECURBERICOUNTY CLERK Certificate of the Clerk in Re Surety (1057A C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Conny B. McCormack, Registrar-Recorder/County Clerk for the County of Los Angeles of the State of California, do hereby certify: That AMERICAN MOTORISTS .INSURANCE COMPANY has been certified,by the Insurance Commissioner of the State of California as an insurer admitted to transact Surety Insurance in this State, as required by Sections 12070 to 12072 of the Insurance Code. I further certify that according to the records in this office,said authority has not been surrendered, revoked, cancelled, annulled or suspended. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the State of California, for the County of Los Angeles this _2ND day of MARCH 2001 CONNY B. McCORMACK Registrar-Recorder/County Clerk Deputy ONES r •c R1296 10 1 �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 20, 2002 Parkside Court, LLC 540 Westminster Mall Westminster, CA 92683 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 14829 --[Acceptance of Public Improvements] Please be advised that on Monday, September 16, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14829 and Accepted the Public Improvements (s/o Talbert Avenue,w/o Joyful Lane)- Parkside Court, LLC (Sassounian Capital Ventures) (420.60)=1 Accepted the improvements constructed'and 'dedicated for public use with Tract No. 14829; and 2. Released Faithful Performance/Labor and Material No. 3SM95693600 pursuant to California Government Code Section No. 66499.7(b); and 3.Accepted the Guarantee and Warranty Bond.No. 3SM954935-A(American Motorists Insurance Company)the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Parkside Court, LLC, of this action and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, Connie Brockway,-CMC City Clerk CB:jh g:/followup/tra ct/a cceptpublicimp-noGce.doc .. '•� i Y�tiF`'+xY'vj.�1J'�1"tils�-F.�"' .ter a<!�°yy�. . `..+ . 7. s t, • �. , _ �. ,, .r --,��' 'C -v ..�Ie .,y'L r.cttr•t'� ,� r.1-`' .. { RECEIVED BY: + CITY CLERK RECEIPT COPY t C ' Return DUPLICATE to. J ,Glo Jeffrey Hughes(ext.6260) (Name) after signing/dating (rJ -ly-b1- (Date)' CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: 1 �1 t'Mbi DATE SUBJECT: Bond Acceptance I have received the bonds for NYk51Dc (dAVq LLc (Company Name) Faithful Performance Bond.No. \ ` . Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Q) KAf g (N'�W'iPN�� 1�x+p No - . 35 M 154 iS5 - A f Re: .Tract No'.. 1ye2� CC No. . MSC No. li • Approved Oq.-11e -02 Agenda Item No. E _$ (Council Approval Date) f; City Clerk Vault No. ly y�•bo g1jjahlbondletter.doc cvwvto., �aW Council/Agency Meeting Held: 09 — lb -02 Deferred/Continued to: A proved ❑ Conditionally Approved ❑ Denied D&� I y Cl 's Signature Council Meeting Date: September 16, 2002 Department ID Number: PW 02-082 C c; CITY OF HUNTINGTON BEACH ti REQUEST FOR COUNCIL ACTION V 1 -`-< SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY- RAY SILVER, City AdministratorXdv PREPARED BY: (�BERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14829 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Parkside Court, LLC, the developer of Tract No. 14829, located on the south side of Talbert Avenue, west of Joyful Lane, has completed all required public improvements and is eligible to receive 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. 14829; and, 2. Release Faithful Performance/Labor and Material No. 3SM95693600 and Monument Bond No. 3SM95693700 pursuant to California Government Code Section No. 66499.7(b); and, 3? Accept the Guarantee and Warranty Bond No. 3SM954935-A; 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, Parkside Court, LLC, 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" (attached) with the Orange County Recorder. Alternative Actions : Deny the recommended action. i REQUEST FOR COUNCIL ACTIOV . MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PW 02-082 Analysis: On June 7, 1999, the City Council approved Final Map No. 14829 and accepted bonds from Parkside Court, LLC, the securities furnished for faithful performance, labor and material and monuments. The developer, Parkside Court, LLC, 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 California Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances within the private street. 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. 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. The developer has provided Guarantee and Warranty Bond No. 3SM954935-A as security. Following is a list of project data: Subdivider: Parkside Court, LLC, 540 Westminster Mall, Westminster, CA 92683 Engineer: Associated Engineers, 3311 East Shelby Street, Ontario, CA 91764 Title Co.: First American Title Co., 114 E. 5t" Street, Santa Ana, California 92702 Surety: American Motorists Insurance Company, 1 Kemper Drive, Long Grove, IL 60049-0001 Location: Southwest corner of the intersection of Talbert Avenue and Joyful Lane Lots: 1 numbered lot, 1 lettered lot Acreage: 0.676 Zone: RMH-25 (Medium High Density Residential) 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): NumberCity Clerk's Page . Description 1 Location Map 2 Guarantee and Warranty.Bond No. 3SM954935-A 3 Acceptance of Public Improvement Form RCA Author: J. Claudio:jm 02-082 September 16 Claudio(Tr 14829 Bond Release).doc-2- 9/3/2002 3:25 PM ATTACHMENT 1 • 8/28/2002 2:35:00 PM I I 7811 � 17901 J17902 I 17911 i 14 17932 17941 I i 17942f- �� 17912 17951 I lr 795214 17932 17961 m 17962 _i ! ! i 7711 I M I I 17971 i 17972 .•.•.• I11 yi_ i m ! 7851 I m j 7891 17941 i i i I F 17991 L 17992 Talbert Ave. I ! W. 1 QEssex Dr.7712 � I I r m { I ` 1 L Happy..CD Dr. ---: � I ?802 j �c~v N i m a e � F ! to I F I a i 1 7898 I 18081 fI L I I 7006 I 7894� i a f 7 a10 Orchid�Dr. ! I , �. 7890 I Qi � � mle ; �'� i •/ 7814 CDi i n n v°- i rm- j I m 7886 I I i I n `\. I 7795 m e ; a l w N l m '^ j .a a '^ I m I 18121 18321 18121 V 11 ~ Lori Dr. I 18146��-1 18141 I a _ - 18155 I 11M6 I m �O i m I' i 18L56�. 11 8161 i C; 18 I I n _t�---� Ji 18162 —�L—L ! Jj I I 18172 I 18ss1 ! 18171 18172 I =i —i(Di ! 183.75 I / Q\—1 18175 lWJI L I 18176 18176 818 15 7831 Ir. 1B I I 18191 7� 18196 I ! I 10201 lz! I I I 18zo1 ' 18202 I 'i LOCATION MAP TRACT 14829 N W E S City of Huntington Beach Scale: 1"= 210' ATTACHMENT 2 JA CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 20, 2002 Parkside Court, LLC 540 Westminster Mall Westminster, CA 92683 Re: Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No. 14829 --[Acceptance of Public Improvements] Please be advised that on Monday, September 16, 2002 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 14829 and Accepted the Public Improvements (s/o Talbert Avenue, w/o Joyful Lane) — Parkside Court, LLC— (Sassounian Capital Ventures) (420.60)—1. Accepted the improvements constructed and dedicated_for public use with Tract No: 14829; and 2. Released Faithful Performance/Labor and Material No. 3SM95693600 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 3SM954935-A (American Motorists Insurance Company)the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Parkside Court, LLC, of this action and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:/followup/tract/acceptpubiicimp-notice.doc (Telephone:714-536-5227) ATTACHMENT 3 ;,"Iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK September 20, 2002 Darlene J. Bloom County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No. 14829 to be recorded and returned to the City of.Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. . Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. G� IS�t�'•"v Connie Brockway, CIVIC City Clerk Enclosures Tract No. 14829—Parkside Court,LLC—s/w corner of the intersection of Talbert Ave.and Joyful Lane g:/followup/tract/acceptpublicim p-recorder.doc (Telephone:714-536.5227) r • 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 This document Is solely for ttte official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. (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 August 15, 2002, 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. 14829. Public improvements constructed consist of the domestic water system and appurtenances through Lot"A"(private street). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at September 16, 2002 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 09— Ea — 2001 CONNIE BROCKWAY City Clerk and Ex-officio Clerk o t Icil Pfjhe City of Hu tington Beach, California By Deputy CITY OF H TINGTON ACH fax-Exan;pt-G vernnne t Agency CITY N BEACH by: City Engineer By:.---.-- ----- ------------------- Deputy C Clerk GAEngineering Division\Claudio\Bonds\Tract 14829 acceptance form.doc RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 14829 and Accept the Public Improvements COUNCIL MEETING DATE: September 16, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attomeyj Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over$5,000) Not Applicable Bonds If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' REVLEWED RET R UNED FORW RDED Administrative Staff Assistant City Administrator Initial City Administrator Initial Gt'rr City Clerk EXPLANATION FOR RETURN OF ITEM SpaceOnly) RCA Author: J. Claudio 94 • �D �7�aPSs—!%2 y717 i/J � Council/Agency Meeting Held: Defee d/Continued to: Ap oved onditionally Ap roved q Deni 1bJFA)7y Ci erk's Signature Council Meeting Date: June 7, 1Pic Department ID Number: CD 99-32 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION ' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '" =:' ' t a ` SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Planning Director/ -/-��,J' SUBJECT: APPROVE FINAL TRACT MAP NO. 14829 OF TENTATIVE TRACT MAP NO. 14829, WITH BONDS AND AGREEMENTS (SEAVIEW VILLAGE) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: _ Final Tract Map No. 14829, located on the southwest corner of the intersection of Talbert Avenue and Joyful Lane, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 14829 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve the Subdivision Agreement between the City and Parkside Court LLC and authorize execution by the Mayor and City Clerk." Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 14829 and reject the offer of dedication, improvements, and bonds." RQUEST FOR COUNCIL AC TI&I MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: CD 99-32 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Sassounian Capital Ventures Inc. 16373 Bolsa Chica Street Huntington Beach, CA 92649 ENGINEER: Associated Engineers 3311 East Shelby Street Ontario, CA 91764 LOCATION: Southwest corner of the intersection of Talbert Avenue and Joyful Lane ZONE: RMH (Medium High Density Residential) GENERAL PLAN: RMH-25 (Medium High Density Residential) NO. OF ACRES: 0.68 acre NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 1 NO. OF UNITS: 10 detached planned residential development units DATE OF COMPLETE APPLICATION: May 26, 1999 MANDATORY PROCESSING DATE: June 21, 1999 DISCUSSION: On July 28,1998 the Planning Commission approved revised Tentative Tract Map No. 14829/Entitlement Plan Amendment No. 97-21/Variance No. 98-15 to permit a one lot subdivision and the construction of 10 detached planned residential development units on a 0.68 acre site. Final Tract Map No. 14829 represents the only phase of the project. The subdivider has paid the Park and Recreation fees for this project of$31,200. The affordable housing requirement for this project was provided with the construction of the abutting residential project to the south of the subject site. Prior to recordation of the final map, the applicant must comply with a condition of approval to negotiate with the appropriate school districts with the intent to mitigate the project's impact on school facilities. CD99-32 -2- 05/21/99 8:15 AM RUEST FOR COUNCIL Q ACTA MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: CD 99-32 The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map No. 14829 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number 1. Findings and Requirements for Acceptance of Final Map _.............. . . ........ 2 Area Map .._.............. ._.. _._ ........__... ._.._........ 3. Tentative Tract Map No. 14829 with site plan 4. Tentative Tract Map No. 14829 Findings and Conditions of ................ Approval ....... ..... 5 Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance CD99-32 -3- 05/21/99 8:15 AM • C�IJeS CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 29, 1999 First American Title Company 114 East Fifth Street Santa Ana, California 92701 Attention: Ronald J. Gomez Escrow Pick Up No. OR-9826386 — Final Tract Map No. 14829 The City Clerk's Office has prepared Final Tract Map No. 14829 to be recorded. Your office will be picking up this document to be recorded with the County. Please have a copy of the recorded map returned to the Bruce Crosby, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by ev, Date escropu.doc/tract 14829jc (Telephone:714536"227) H CITY OF HUNT"INGT'ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNMGTON BEACH DATE: TO: V �al��i�tyl L Ji UY�Sl ATTENTION: ?�/a >) &�s- SOOrJ-i 4A J Na�ye /(a3 73 (A/a r- e'121e&- Jf• DEPARTMENT: Swept/ 1 �^ I' ./yo/'P,& c, �( ,92,&V 9 REGARDING: / rCZ Q' City,State,Zip See Attached Action Agenda Item Date of Approval 7 1 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. I Remarks: Connie Brockway !� City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed / Other. Na De artment RCA Agreement Insurance Othe mq/ r, N;rKe Department RCA Agreement Insurance Other .` nr;.!-e h /Yt"u rem S IGs Name Department RCA Agreement Insurance Other Nam Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date GTollowup/coverltr (Telephone:714-536-5227) .WaP. � Nei a M95 } `" :Y • r 9 . r §E 1, '. x �i rol t� A,V 8/28/2002 2:35:00 PM 17922-- 7811 ) 17901 -- - J ` 17902 17911----- t 179d2 i 17941 i '17942 —I - 17912 I I i 17951 r17952 m - l w �' /�! --------I I 17931 - 17932 17961 7711 M i 17962 ii - � 17971 � I 17972 )--,--_- ! 7851 - m 7891 I - 17941 • I. I 17991 I 17992 : i J i Talbert Ave. -- ' - � 0 Essex Dr. c ' _ � Q V I Happy.. Dr. _ 7802 t'�v c`:v�m i a +o ! F q` 789818081 ( I r - 1 I M1 i M1 - h i L I 7006� "•,F 1--�.._-.._1.----)_----L.-_.�__----L_......i__._.,.� 7894 y _ Ana - _� Orchid D_ r. _ `7e90 ff Lfe -7810 - ri N ' P1 m - a m �• M1 m l� i' - � CD 7819 7886 - - f M1 h h M1 L C•—i __ I �_� 7795 F � � m m n m ! m ! c m m m I m 18121� 18121 i _ 18121 L y h n M1 ! r..__._...___. Lori Dr. 96 18141 - 13145 _��__�-_..._._� 181 _I ? 18155-I i 18156.i N N m I m i m h 1 r 18156 ~— - - l i I � I, I L-J181.61 �I 18162 .I ` �l �I .18162 �18172 18151 18172 Q!;-11 _--..--.'_------ i 19175 V 18176 �`- ----- O 18176 I ----' �, ( 18175 r -I - 18185 �: 16M6 T 16191 10196 18201 i-----r 11211 ---- I -� 18202 18205 :i � ri I F----,4 18205 LOCATION MAP TRACT 14829 N w n E S City of Huntington Beach Scale: 1"= 210' NAM xFnw. x"`T' ��' � ��'.:is �� ,�_': � i �°'t.:T�, ��... �� �z � - i �cW��&�'�' 'b .�����r�iri-....ram^'• ..ahwa.c- C�.s�" FY.�.,.._sbY-�e°�.�A �• is`a'�•..a� tSr $K.e..'{X.. am,s"- .�,. Fs2�,.F^• go 9 .Me enia RDDKM am �►.► WAN= • sxn tvaec PROJECT .,ORK,a, DOWNIANXIll "LWM RONAID DR L► u J O , Q DANKNO m CD lot Y HAPPY DR. VICINITY MAP . EPA 97-2 1 NARIANCE 98-15/TTM No. 14829 CITY OF HUNTINGTON BEACH PLANNING DIVISION `.: t c�"r`„ �� - gS'(g '1+3 •-"a4' `".P '",`�°�t<�'"+ sP,YI ''z'3 �`i..�t"3a'•s„j +i: � '4`j tr Y-Fir awl N Eay' TENTATIVE TRACT MAP No. 14829 REVISED cnnoaTs fW WaV0001110W POPOMW 1 IV MIT rw aff OF INNMWW null,,CwNff a-aTAWE -COMPETE ItIllacm,Gunn MMSM 1997 1 LOT TYPICAL 8�C'1J011 -LOT•A• TMM 890101 -jALfflfflLAMW P.C.C.come N)OUTIES SCAL&1*-17 Sadwl%dv TALBERT AVENUE ....... .. .. ...... ........... P.C.C.SIDES" ...... - - ------ ---- -- -- ----- ---------------........... --- .............. ... ........ .... .... .......................♦ . ... .... ........... ....... ... .... ........ cum Am au"Im F-C c 7"'Cla sea" 401111FUL Um Erl's CiM CUTTER.......... Lin&9974mr7kw. N 89'49'04 w 172.94' 4..9 pmriaw zF stoars B AND C. TRACT No. ....... . ............ 177 AS SAfOW aV A MAP RECOW0 IN BOO( 12 a' ,WlSCffLAlW&ff MOPS. PAGES 21 AW 72, IN SCALE l' =20' ME OFFICE CF THE cvtNrr RECDAVER, COWrY Or 09WArf. ............. EXIMIX ZCW...................R z ............ PRapasro 2OW..................R-J ;9,WrO'SF ACREAGE........................0.68 Acme PROPOSED MWER OF LOTS........ I FYICAry CABLE YELEVISIOV ASSESSM'S PARCEL No............ 159-142-1 ft u to X I tu rm FIRE HYDRANT F- ss PROMEV SERERAdV ANWOL f — 1 0— cc ciry OF HuNrmsrw BEACH Ul CIO REVEVEL&PIENr ACEAfCY COMMV LOT 'A J St Lt smur L icmr AD POPER POLE moo Aul#srRur t:hV)VrIM YOV BEA CO. CAL IFOWU 92648 XW FREPOSED ER 7 TEL Pro racmaw PEDESTAL Lul • L SASSOUNIAN CAPIM VENTURESEmsm v�r AN rA IEP VAL YE ts.v?-w Basw alleA srfirrr I&WrlIX rOV aFA CW. CAL IFa9W,?A 976459 /W. 1714)3779876 FAXINV J779745 z a.. .... .... ....... 0 TV X 3311 EAST SMELBY STREET A@!Im� gnokmm �E III ONrARIOI CALIFOINIA 91764 prm": ( ........... . ...................... ............ 9m) 980-1982 .... ........ ...... RwRr R.arm w 44im frm wj"rr ........ TALBERr.. ......... AV A7/ b_7JZff COAF,96= sm a,..................cirr ar mmrrAwravacial ESSEX Q STREET PARKVIEW IYA YTR...................CIrr Or MNrIAV7ZW BEAM L AVE OJ RUNE..................RAIA601f 01-91105AL H—Y DRIVE EfECMIC.................5WrWA7V CALIFOW/A EVISaY YEtEplaw...............GTE HIGH H DENS I TY RESIDENTIAL --AtA"ffy MAP SAS........I............swlwm eazrawlA cus HIS to go" CABLE rV................PA#AaW CABLE rl J U L 2 1198 TALBERT AVENUE pEP;q�t'j•ryFi3ii;F COMMUNITY DEVELOPMENT 25'X 25 SIGHT DI STA NCR TRIANGLE NO STRUCTURE OR LANDSCAPING OVER 1•HIGH � I _ \ 1 1 PLAN ICR/LOT 6 ,_A PLA!1 2A/LOT 7 ._6 PLAN IBR/LOT 86._A PLAN 2B/LOT 9 A._h PLAID 2A/LOT10 10•. .• 1 , 1 1 • IOW MALL 42'HIGH MAXIMUM NO RETAINING I I 1 E:f I I W D �I W I ]SPACES 1 'J ADDITIONAL PARKING i i ►7 1 1 1 1 PLAhI IB/LOTS PLAN 2BR/LOT4 PLAN IC/LOT 3 PLAN 2AR/LOT2 PLAN 2BR/LOTI 1 I 1 I_� `a i - L� L-� ...• � •-_6• j la. 2v' R + .r IIIO/I PALL 1411•RIlTAININO.. r-_ ...--.�— ---.-.-------.-_.--_ --_-----_.•--- ------__—.- /� ----------------� r i r '-'------� r-------� r------I -_gym OWNER/APPLICANT: 1 1 1 1 1 I 1 I 1 SASSO11N GRI'AI.VWRIR61•we 1072 R ^Gov !f}RRf EXISTING ATTACHED RESIDENTIAL /RNIv,OION sew A G♦tsa CI IAIT:ROON•ASSOVNGN 0-• 7•II.1t SASSOUNIAN U1GQ�!( T SCALF_: 1•-IU•-O• --��� PARK. SIDE COURT- �... 1 �^..•.•-..� RUM- E A C H i s y �r °�.x�+%z v �'k a-"Ay' '.:,`'�, is �'.c�"'( � S' �# "7: s �' a '4k '•d'""tTc:��a� •-�s. �c ��'�./ gN t�'^h�' y� ` ( .3 a si "c�.t--5• d 6Y p^ff�+Y �Y' `� N �i L�'34a k�`S az}."`� „�.3, �Sk .p�S- Y9� �Z_ ,fi -4; •fF +t:iY M✓ '�.'� � �[ 4' � !{.++1'"�` 8, y, �i_ ��; �'.�x- :d�-•sr....*�?ti......k*�7- �.z,s 5.., a..,-,...- .,s. ,a�.� r�n,+,.��x�. -�. ,�.. -i_ rr, .•„ n „ r. .sa, .y.,K�:. .IJ � Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 31, 1998 _ Bijan Sassounian Seav}ew Village 16373 Bolsa Chica St.,Huntington Beach CA 92648 SUBJECT: ENTITLEMENT PLAN AMENDMENT NO.97-21/VARIANCE NO.98-15/ TENTATIVE TRACT MAP NO.'14829 REVISED (SEAVIEW.VILLAGE) PROPERTY OWNER: Bijan Sassounian/Seaview Village, 16373 Bolsa Chica St.,Huntington Beach, CA 92648 REOUEST: To permit a revision to a previously approved project and permit'a one lot subdivision for construction of 10 detached PRD units on a 0.68 acre site. The project includes a variance request to encroach into upper story setbacks on the third level of the units as well as to encroach into the minimum exterior side yard setback along Joyful Lane. The exterior side yard setback is proposed at 10 feet in-lieu of the minimum 15 foot setback required. LOCATION: West side of Joyful Lane, south of Talbert Avenue DATE OF ACTION: July 28,- 998 - • Your application was acted upon by the Planning Commission of the City of Huntington Beach on July 28, 1998, 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. (98CL728-13) 0 1. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a filing fee. The appeal fee is$500.00 for a single family dwelling property owner appealing the decision.on his/her.own property. The appeal'fee is $1,200.00 for all other.appeals.. In your case,the last day for filing an appeal and paying the filing fee is August 7, 1998. 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 §tarted. If there.are any further questions,please contact Jane Madera,Associate Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess,AICP Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval 1 (98CL728-14) FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 97-21/ TENTATIVE TRACT NO. 14829 (REVISED) VARIANCE NO. 98-15 FINDINGS FOR APPROVAL-ENTITLEMENT PLAN AMENDMENT NO.97-21: 1. The granting of the entitlement plan amendment for 10 detached condominium units,as part of a one lot subdivision,will not adversely affect the General Plan because the development is consistent with the Land Use Element designation of Medium High Density Residential on the subject property, and will add to the supply and variety of housing available in Huntington Beach. 2. The proposed project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the area. The location, site layout, and design of the.proposed 10 detached residential units properly adapts the proposed structures to streets and other adjacent structures and uses in a harmonious manner. The project's design includes density,height, setbacks, and building bulk compatible with the area. 3. The proposed project site's grade differential of four(4)feet will not adversely'affect surrounding properties because the project will be graded to slope gradually to the.street in order to be compatible with surrounding development and to ensure proper drainage. 4. The project will provide for acceptable parking and circulation, and will not adversely affect surrounding development because the total number of parking spaces on the site meets the number required by code. 5. The proposed development will comply with the provisions of the base district of RMH and other applicable provisions of Titles 20-25 and any specific condition required in the district, except as noted herein. . r.' FINDINGS FOR APPROVAL-VARIANCE NO. 98-15 - 1. The granting of a variance to reduce the upper story setback from an average of 10 feet to an average of 3.8 feet for Plan 1 and 0 feet for Plan 2, and to reduce the exterior side yard setback along Joyful Lane from 15 feet to 10 feet for the building wall and to 4 feet at the . comer, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification.A similar setback variance was granted for Seaview North in 1992, and the setbacks provided are similar to those yards provided for other recently approved small lot subdivisions in the City. The units will appear as two-story units similar to the three story condominiums with tuck under garages located as part of the same development to the south. (98CL128-15) 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings,the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is a narrow,rectangular shaped lot with limited design and access possibilities. 3. The granting of a variance is necessary to preserve the enjoyment of one or.more substantial property rights. It will allow.for-the property to be:developed as a small lot, single family residential, subdivision which will be similar to developments in the area. . 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The project is less dense than its predecessor, is similar in height,and will be compatible yvith surrounding land uses. FINDINGS FOR APPROVAL-TENTATIVE TRACT NO. 14829(REVISEM 1. The proposed map is consistent with the General Plan because it provides for 10 detached residences as a one lot subdivision(14.7 units per acre). This is well below the maximum 17 units (25 units per acre)that could be developed on the site. 2. The site is physically suitable for the type and density of development proposed because the grade differential is approximately four(4)feet. The site can be graded to accommodated proper drainage and maintain compatibility with surrounding property. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. No adverse environmental impacts have been identified that cannot be mitigated to a level of insignificance. 4. The design of the subdivision and the type of improvements will not conflict with any easements, acquired by the public at large,for access through or use of,property within the proposed subdivision. CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 97-21: 1. The site plan,floor plans and elevations received and dated July 21, 1998,shall be the conceptually approved layout with the following modifications: a. The building colors and materials as approved by the Design Review Board shall be noted on the elevations. b. The site plans and floor plans shall be revised to show a minimum five (5) foot setback from the south(rear)property line to the covered porch. c. A minimum 400 square feet of private open space shall be provided for each unit. Plans shall be completely dimensioned to demonstrate compliance with this requirement. (98CL728-16) d. Retaining walls, decorative fencing heights, side yard walls, and driveway visibility (corner cut-off)walls shall comply with Chapter 230 of the HBZSO. e. Landscaping along Talbert Avenue shall comply with Chapter 210 of the HBZSO. 2. Prior to submittal for building permits,the following shall be completed: A. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. If street names are necessary,submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as.approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. d. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. e. Elevations shall depict colors and building materials proposed. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading,chemical and fill properties,foundations,retaining walls, streets, and utilities. g. Community Development Department shall review and approve revised site plan and elevations as modified pursuant to Condition No. 1. i h. Zoning entitlement'conditions of approval shall be printed verbatim on the coverpage of all the working drawing sets used for issuance of building permits (architectural, structural, electrical,.mechanical and plumbing). i. The following shall be noted on the building plans: 1) Fire lanes will designated and posted to comply with City Specification#415..(FD) 2) Address numbers will be installed to comply with City Specification No.428. The size of the numbers will be sized a minimum of six(6) inches with a brush stroke of one and one-half(1-1/2) inches. (FD) 3)' Street names.Names of streets must be approve by the Fire Department prior to use. See City Specification#429. (FD) (98CL728-17) 4) The two westerly units at the west end of the common drive shall have automatic sprinkler systems installed throughout to comply with Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 5) Fire hydrants shall be provided prior to combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire ; Department prior to installation. (FD) 6) The project shall comply with all provisions of the HBFC and City Specification 422, Well Abandonment. (FD) 7) The project shall comply with all provisions of the HBMC Section 17.04.085 and City Specification 429,Methane District Building Permit Requirements. (FD) j. Double walls shall be prohibited;prior to constructing any new wall, a plan must be submitted identifying the removal of any existing walls next to the new wall, and shall include necessary homeowner's approval. 3. 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. b. A Landscape Construction Set must be submitted to the Departments of Community. Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location,type, size, quantity), an irrigation plan, a grading plan,an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. A 36 inch box tree shall be planted in each of the front yards along Talbert Avenue. i c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved(by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be. required if deemed necessary by the Director of Public Works. (PW) d. The applicant will work with the Public Works Department to provide appropriate radius ~ type comers at the driveway entrance. (PV ) e. Hydrology and hydraulic studies shall be submitted for Public Works approval. (PV ) f. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one foot. (PV ) (98CL728-18) g. Final Tract Map shall be accepted by the City Council,recorded with the Orange County Recorder and a copy filed with the Department of Community Development. h. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. i. . No combustible construction shall occur until the approved water system has been installed. (PV ) j. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PV ) �C. Each proposed dwelling unit shall require a separate domestic meter and service located within the public right-of-way or within a public-easement dedicated to the City. Each meter shall have the unit number it serves stamped into the adjacent concrete in%"high letters. All domestic water meters shall be sized per the Uniform Building Code, Building Department,and Fire Department Standards. (PV ) 1. The private street shall be constructed per concrete alley standards. (PV ) m. The proposed driveway shall be the radius type per Public Works Standards. (PV) 4. 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); l e. Discontinue construction during second stage smog alerts. 5. Prior to final approval of the building permit of the first unit, a reproducible mylar copy of . the recorded final map, along with digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition ; by the Director of Community Development. 6. Prior to final approval of the building permit for the last unit,the following shall be completed: a. All improvements (including landscaping)to the property shall be completed in ' accordance with the approved plans and conditions of approval specified herein. (98CL728-19) b. Compliance with all conditions of approval specified herein shall be accomplished. c. All building spoils, such a unusable lumber,wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. The use shall comply with the following: a. Fire access lanes shallbe maintained: If fire lane violations occur and the'services of the Fire Department are required the applicant will be liable for expenses incurred. (FD) b. Any building additions to the single family residential units shall be restricted to the standards contained in this Planning Commission staff report. a. No parking shall be permitted between the driveway and Talbert Avenue. d. All residents must park their personal vehicles within the garages provided for the units. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees including Traffic Impact Fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PV ) 2. An encroachment permit shall be required for all work within the right-of-way. (PW) 3: 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. 4. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. Entitlement Plan Amendment No. 97-21 and Variance No. 98-15 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. 6. The.Planning Commission reserves the right to.revoke Entitlement Plan Amendment No. 97-21,pursuant to a public hearing,if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 14829 (REVISED): ✓ 1. The tentative tract map received and dated July 21, 1998, shall be the approved layout. (98CL728-20) 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated bonding may be substituted for construction accordance with the provisions of the Subdivision Map Act: The developer shall provide written notice to prospective buyers that this project requires parking within the garages and this provision shall be incorporated within the CC&R's for the project. b. All vehicular access rights to Talbert Avenue and Joyful Lane shall be released and relinquished to the City of Huntington Beach except at private street intersections. c. 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. d. 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. e. The water system shall be public with the appropriate easements. f. The sewer system shall be.private.. g. Drainage flows from adjacent properties shall not be obstructed. Flows shall be accommodated per Public Works Department requirements. h. On-site drainage shall not be directed to adjacent properties,but shall be handled by a Public Works approved method. i. All water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. j. The developer shall submit a composite water utility plan including service connections for water and sewer to each unit, fire hydrants,valves,and other appurtenances in '. accordance with applicable Uniform Plumbing Code, City Ordinances,Public Works Standards and Water Division Criteria. .These plans shall be approved by the Public Works Water Division prior to any construction. k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach"CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. j 1. ` All improvement securities (Faithful Performance,Labor and Material and Monument �- Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (98CL728-21) • m. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. n. Any existing water services not being utilized for domestic or irrigation services shall be abandoned at the water main and the water meter returned to the Water Division. o: The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. Appropriate mitigation may include,but not limited to,use of existing facilities or surplus sites, expansion of capacity at existing sites, construction of new facilities,payment of fees, and reduction of densities. The Community Development Department shall be provided with a copy of an agreement prior to recordation of the final map. At least 60 days prior to recordation of the final tract map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements,and maintenance of all walls and common landscape areas by the Homeowners'Association,and Condition of Approval No. La. of Tentative Tract Map No. 14829 (R). The CC&R's must be in recordable form prior to recordation of the map. IN70RMATION ON SPECIFIC CODE REOUIREMENTS: ' Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council. 2. All applicable Public Works fees shall be paid prior to map recordation. (PV ) 3.Traffic impact fees shall be paid at the time of final inspection of the first unit. (PV ) 4. All new utilities shall be installed underground. (PV ) 5. A construction permit shall be required for any work within City right-of-way. (98CL728-22) r E stun,., v, - r"' > •7 a-,.,�' - '^ ,A.t "! SZ,,, # - as `a'' ✓� r .. o 4 @' i`� -� ��, '� •': �" ��� '�,""�'n �'S'�`.�,,..y-s' s�a a�� :�"3',�i.c4 ���g�F^c,A�Y 4' `'r ��+` q-, .. rtt�y • t� .�a,�'� �x ,� at���' �j� ,� v"z= �p,�-.a<, o-'i ;w � � �-s"sr�'i t� k F'''�'� �s`'�'� �^� ��•r � SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKSIDE COURT, LLC, FOR TRACT NO. 14829 TABLE OF CONTENTS Section Page 1 General Improvements...............................................................................................2 2 Arterial Highway Improvement.................................................................................2 3 Guarantee...................................................................................................................3 4 Plant Establishment Work .........................................................................................3 5 Improvement Plan Warranty......................................................................................3 6 No Waiver by City.....................................................................................................4 7 Costs..........................................................................................................................4 8 Surveys......................................................................................................................4 9 Improvement Security...............................................................................................4 10 Indemnification, Defense, Hold Harmless................................................................6 11 Insurance...................................................................................................................6 12 Non-Performance and Costs.....................................................................................8 13 Record Map..............................................................................................................8 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PARKSIDE COURT, LLC, FOR TRACT NO. 14829 Jun C, This Agreement ("Agreement") is entered into this day of 1999,by and between the CITY OF HUNTINGTON BEACH,-a municipal corporation of the State of California, hereinafter referred to as "CITY," and PARKSIDE COURT, LLC, a limited liability 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. 14829; 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 California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. 1 g/j mf/99agree/tr.1482 9 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do,perform and pay for 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 mainlines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. 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, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 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 g/j m f/99agree/tr.14829 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment-work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,performing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1) year -from and after the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised. s 3 g/j mf/99agreehr.14829 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s)by any officer, agent or employee of CITY.indicating the work or any part.thereof complies with the requirements of this:Agreement, or acceptance of the whole or.anypart of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve SUBDIVIDER of its obligations.to fulfill this Agreement as prescribed; nor shall CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. SURVEYS ....SUBDIVIDER shall,set.and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City: A. Faithful Performance: For performance security, in the amount of ninety-two thousand dollars ($92,000) which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: 4 g/j mf/99agreehr.14829 Cash, certified check, or cashier's check; _�Iocceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of forty-six thousand dollars ($46,000)which is fifty percent(50%) of the estimated cost of the work. Such security is presented in.the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or ce table irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. 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 g/jmf/99agree/tr.14829 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend,hold harmless and indemnify CITY and its elective and appointive boards, commissions, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death,property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any -of these matters: 11. INSURANCE In addition to SUBDIVIDER'S covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, 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 for this project. Said policy shall name City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall 6 g/j mf/99agreehr.1482 9 specifically provide that any other insurance coverage which may be applicable to this Agreement 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. 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; 4. and 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 this Agreement. CITY 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. 7 g/jmf/99agree/tr.14829 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including,but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. Should.CITY sue to,compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SIGNATURES ON NEXT PAGE 8 g/jmf/99agree/tr.14829 PARKSIDE COURT, LLC, CITY OF HUNTINGTON BEACH, a a limited liability corporation municipal corporation of the State of California B Mayor r print name ATTEST: _ ITS: (circle one)Chairman/, re 'dent/Vice President N City Clew rk /d -- aP/q5 601y, r APPROVED AS TO:r.ORM: print name r - ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary Q -Treasurer a� City Attorney INITIATED AND APPROVED: Director of Public Works REVIEWED AND APPROVED: City Administrator 9 g/jmf/99agree/tr.14829 MAY-25-1999 12:51 0 DEVELOPMENT INC. /Q D 714 379 9223 P._002i003 i+ 0 . AR .! CE TIFICATE OF LIABILITY INSURANCE DATE( 05/2MMIDD/YY) 5/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION jE AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE pELANEY 'INS9RANC i a u/f-F�l-� HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9035 .HAVEN AVE.,I STE. 104 LSO ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. RANCHO I CUCAMONGA, CA 9173 f' INBURERS AFFORD'N0 COVERAGE (909) 481-7222 Amyoved 4-0'I naumm PTCO DEV 40PME , INC. & ,tQ�/t�.0 INBURERA: LEGION INDEMNIT`. COMPANY ETCO CUMMgNITIES, LLCOor QT jeowv, INSURERS: GOLDEN EAGLE IN: ')RANCE CORPORATION . 40 WESTMINSTER MALL INSURERO: WESTM_NST R, CA 92683 (p/�� C INSURERD: I UReR e: COVERAGE THE POLICI $OF INSURANCE IBTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOL !NDICATED.NOTWITHSTANDING ANY REQUI EMENT.TERM ORICONDTTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS Cl 4TIFICATE MAY BE ISSUED OR MAY PERT N,THE INSURANCt AFFORDED BY THE POLICIES DESCRIBED HER91N IS SUBJECT TO ALL THE TERMS,EXCLUS, )NS AND CONDITIONS OF SUCH POLICIES.AbORBOATE U@NTS HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JAMTYPE QF plfiuRANOE. FOUQY NUMBIR LRARB cENBRAL j,Mpy�r MH O0 JRRENOe +1 0 00, 000 X COMkURC LL 0914GRAL UAjurY FIRE DAM-.7E grip Rv1 1150. 0 0 0 PLAU"MADE MR *R McDexF =neon+ ron +EXCLUDED A GL1-0990232 02/19/99 02/19/00 PensoN.. 4ADvmwURY el 000 000 { GENeRA'. •G)ORZOATe 11, 000,000 UKAGgMMU LIMIT APPLIES PRODUC' •COMPIOP A00 11, 000,000 X POIXY El P 0• LOCI AVTONIDE�I RLIABWTY CCMBINE, SINOUB LIMIT ANY AUTO APP:FC)VED AS TO FORM: R+ ' NL�y►meoAums GAIT, HUTTOM„ City Attorney BODILY IN IRY 9CM1DLXeDAL1T08 B7_:.1 Aep' .y_ Ci.t y_ ,Attorney, MIRE0AUTD9 �J B=YIN 1RY + NONfIWNEDAUI09 ; ��soa�F-q S PROPeRT-oAMAoe a _ DARAOEIjIABR�IY AUTOONI •eAACOLDENT + ANY IAUtO ONI RTI-N ZAACC + AOO + EACH OCc.IRRENCE s4,000, 000 X 000UA CaAR1s i0f! AWRROA': s4,000, 000 ELI-0990233 02/19/99 02/19/00 >< _ A + X R f 5 0q0 + wORKARSCOMERSATIONAND X A °MPLO1 ?' NWC-343936-06 02/19/99 02/19/00 e.L.P.ACH.+camr sl 000 000 B ! E.L.PIW,r-.CABMPLOYBE +1 000 000 ILL.mr,,se•POLICYLIMB isl,000,000 Ohm 1 I I OEBORtlTIONOPORRATWMSILOCA SroL111cLs>HB%CWIIO►aADDERnrSNOOR/p+INTAPIDIALPROa9foN9 CERTZFtCATE HOLDER IS NAMED AS ADDITIONAL INSURED. ENDORSEMENT TO BE SENT BY THE INSURI$G COMpANYh JOB: PARKSIDE CQURT, LLC I CERTIFICAT MOLDER AVOIT NA1.BISU11 O illua.R Ls"m CANCELLATION SHOULD ANY OF TMB AROYS DESCRIBED FOUOIS6f as OANCBUAD BBPORE THE EXPIRATION HE CITY 0j`F HUNTINGTON BEACH, DATE TMBREOF,no IAIVINO INSURER WILL MAIL Q DAYS WRITTEN TS AGENTS!, OFFICERS AND NOMCITO THE CERTIFICATE MOUM HMO TO'MELEFT, MPLO`_'EES lil 000 MAIN (STREET UNTINGTON! BEACH, CA 92648 °RED JAI� ACORD (7W) B ACORD CORPORATION 1088 I I { MAY-25-1999 12:52 ...., 0 DEVELOPMENT INC. 714 379 9223 P.003i003 1+GL1dIVCT lIVS • PAGE 09 ' I i i I i I i i IMPORTANT I If the certlfi to holder Is an ADDITIONAL INSURED, the poricy0es) must be endorsed, A -Aatement on this certlJooate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROOk TION IS WAIVED, subject to the terms and conditions of the policy, certain poi:;ies may require an �andoraement. A statement on this certificate does not confer rights to the c-rtlfloate I holder In Iles of such endore ent(s). DISCLAIMER The Cerall te,of Insurance on the reverse side of this form does not constitute a contract r..etween the.lasuingInsurer(e), authorized_representative or producer, and the cartlflcate holder, nor does It affirmatively lor negatively amend,extend or alter the coverage afforded by The policies Il$tad:nareon. i I j t 1 i I I i i I I i ; I , I i I I i I j 1 i t 1 I I I 4 j I I i I I i j i I I 1 1 i AORD cos1711M . I i TOTAL P.003 • � a 4 -� � n is-.' � `nt `.�',�x' +s- re Y ,.� § _w a �+ .�i us.-<„�-w � ;, z -t. ` y a �� uu- *.�.�i����-"t.�i'r t $s>�„u�r _ �y,,+.' �xr k,- *..�Fa? ��.aa -l�' .� �;�,� .� ^i�y :� -- ��`r��na�c�'� �s�,� � ZI � ,yc. +,a�"� ,ri } u. x' r+•'* -s,_€ -c`� �",uc d �..e+-*�'3""�3 7 � �t`�ry'+.z"ia 53�r��_ ��n�.n7t•$-�'x� ����n 'fir�..r ac �-''- � -' b" ��''i ,�r r� "'� k-.d c�� YS ; 3 3 :1+•. - �e'4 KT t`�C�';y�°F z..t'.a�'t' a--s" t=s,3 �` ,`-tr^- '� �,a w` v.+.,,;�u ��}`+� � F• vT' �P-:.X'�.�XZ s..5 -,,�.ar-..3tt (4 4,,..rts'R�_(� ik`.xZ,Y�`a• -.°<`�s � - -. —y� f"443.F�����}��.. `�{�g� «y f'+oa.�`'�3�'^q �Ld`d '.'�=���a3r .t vl d Yt"'Fi 2 it'^af�4...�� 't' +^b-A`` c.-�,�y d - �y�"4 kifi -k-^xt �'f,..: .� .e `a:�y.'4x� �,.;w�,...*...t-s�...C;� °�s—'�v�,5r'�f z:,��.;�°s,�,�6:'Y�_; <�'t,;.:.:��? �r:ss�?..,K �.. :.5'�s'k�4p �3i fir,g.> � •,wi,��� ter•.. I have received Monument Bond No. 3SM 956 937 00—American Motorists Insurance Company for Parkside Court, LLC Labor and Material Payment Bond No. 3SM 956 936 00—American Motorists Insurance Company for Parkside Court, LLC Faithful Performance Bond No. 3SM 956 936 00—American Motorists Insurance Company for Parkside Court, LLC RE: Tract 14829—Approved by Council on 6/7/99 Dated: By: • &OND NO. 3SM 956 937 00 FIRST TERM PREMIUM FULLY EARNED UPON ISSUANCE PREMIUM $100.00 Two Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Parkside Court, LLC as Subdivided of Tract No. 14829 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 skid certificate: i That said Parkside Court, LLC (Subdivider) as.principal,find AMERICAN MOTORISTS INSURANCE COMPANY as surety,heMby 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 accoridance with said map and said certificate up to but not In excess of the sum of One Thousand Five Hundred Dollars--- $ 1,500.00 In which sum we are held and firmly bound to the City of Huntington Beach, all In accordance i0th and subject to the terms,conditions and provisions of Article 9,Chapter 4'of the Government Code-of the State'af California. INVITNESS WHEREOF,we have executed this instrument this 4th day of May , 1 t3 9 9 Parks ide ourt LL as Principal By: AMERICAN MOTOR INSURANC COMPANY as Surety By: David Z. tod4lle, ey In-Fact By: gppaoVED AS TO FORId:, ,:,AIL HUTTOZI IT TY AT^ Rl"EY C1ty kt�ornev soma State of California CountyMof Los An/y�geles On before me, A. MelendeQ Notary Pnhlic: NAME,TrrLE OF OFFIc-�ER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 .eeoeeeee0000eoeeae6oeeeeeeeeeee0e - : ,. A. MELENDEZ ©ignature(s) on the instrument the person(s), or the cnmm. #1077910 R ntity upon behalf of which the person(s) acted, NOTARY P;BL!C-CALIFORNIA sexecuted the instrument. �� »> LOSANGELES 2 P &1y Comm.Expires November 19,1999°a •eeoaee000000000000000000eoa00000e•wI ESS y hand and official seal. hjd 0- (S GNATURE OF NOT Y) 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 SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrME(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) -------------------------------------- America!i Motorists Insurance C'oml2-,uw, - SIGNER OTHER THAN NAMED ABOVE - IC'�m��Re 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 Illinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint David Z. Noddle 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 provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)**'*"*'*"***"'"***'*`*********'**********'*** 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 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 April 7, 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company �oWal C°�` y,ut Gy eIROn 10f0. t^ e .t IF P� o COBPoRI� An lwwas e *Orr� E r M 3 SIAl a`�coRvoaAnoN o S 1� sJ `�F s e eo �' �-^nn �OQt Gce+e v Robert P. Hames,Secretary by J.S.Kemper, III,Exec.Vice President STATE OF CALIFORNIA ) ) SS COUNTY OF IORANGE ) ON BEFORE ME, e) L W\ A NOTARY,PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AR SKA 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 ACKNOWLEQGES 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 VVHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND �� ,�— SIGNATURE;LA A M• lJ�CkAl MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID-STATE IN_ h COUNTY Brenda M.,66)1 (NAME PRINTED) MY COMMISSION EXPIRES Brenda M.Wlokettk Comm.#1161647 C NOTARY PUBLIC•CALIFORN ORANGE COUNTY Comm.EM NOV.15,2001 STATE OF CALIFORNIA ) ) SS COUNTY OF;ORANGE ) ON_ BEFORE ME, A NOTARY PUBLIC IN-AND FOR SAID STATE, PERSONALLY APPEARED AND r.., PERSONALLY KNOWN-TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE f4ERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEpGES 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 YVHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND - SIGNATURE; MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES san.o t • • BOND NO. 3SM 956 936 00 PREMIUM Included In Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and Parkside Court, LLC (hereinafter deoignated as'Principal")have entered into an agreement whereby principal agrees to Install and complete designated public Improvements,which said agreement,dated 19, 99 and idpnthled as project Tract It 14829 ,Is hereby referred to and made apart hereof,and I 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 Huntingdon Beach to secure the clsilms to which reference Is made in Title 15(commenting with Section 3082)of Part 4 of Division 3 of Cliril Cbde of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held trmly bound unto the pity of Huntington Beach and ail contractors,subcontractors,laborers,materlalmen and other persons employed In ttie performance of the aforesaid agreement and referred to in the aforesaid Code ofChrIOw"ceduresinthesumof Forty Six Thousand and No/100ths-- dollars($ 46,000.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or iabor,.that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is bropght upon this bond,will pay,in addition to the face amount thereof,costs and,reasonable expenses and foes, including reasonable attorney's fees, incurred by'CW 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 Trde 15(commencing with Section 3082)of Part4 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$arms of said agreement or the specifications accompanying the same shall In any manner APPROVED AS TO FORM: GAIL HUTTON 1 CITY T NEY 2090 By n „tv r, . Attorney affect its obiigatlon on this bond,and it does hereby waive notice of any&change, extension, alteration or addition. In witness whereof,this Instrument has been fully executed-by the principal and surety above named,do May 4 , 19 99 Parks ide ourt, LL as Principal {BY: AMERICAN MOTORISTS RANCE MPANY as Surety By. David Z. Noddle, s By. STATE OF CAIr"IFORNIA } } SS COUNTY OF ORANGE + } ON' '7 q . BEFORE ME, 1 C k 4 atjof 1 CC. A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED — hfi5kin AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PE(iSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE.INSTRUMENT THE PERSONS,O e Wickett3 BEHALF.OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. 0 comm.#1161647 WITNESS MY HAND NOTA ORATE coUNTroRN� d y�,M . [a yl.l.�iY�-r/"� Comm.Exp.Nw.15,2001 SIGNATURE ' �'l u MY PRINCIPAL LA NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CAL IFORNIA ) ) SS COUNTY OF CHANGE ) ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND , PERSONALLY;RNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUtiIIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8M.01 i 2 U90 „y �O,�i:TA�:�I��' :i '�YM!AR�: .ii�•... ..,C+•.A. .v$.{v}J%'r'r w: ..:...............n........v...:.. .:..............� ... ...... .: :.��ti.:��:ti{•:�:•:•.:•.i::��i:S:ih':j{.•n...,...:... ......1.. �:.......:n\nY..,Y.......J:�L.:Y ..I..a�AS}}i1F: State of California County of Los Angeles c, � 'I��i On �AY before me, A. Melende a Nolury Public: NAME.TITLE OF OFFICER personally appeared David Z. Noddle 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 eaooeoeoeeeoeoo®°eeo°0pppe0®00000o p authorized capacity(ies), and that by his/her/their r A, MELENDEZ G signature(s) on the instrument the person(s), or the z CWNI. #1077910 R 1 F # `; rvorRv ouaLlC CAUFORNIA s entity upon behalf of which the person(s) acted, LC.S„NGELES 2 executed the instrument. Comm Expires November 19,1999 eeoeoeeoees0000ee00000000°°°�0000000 WI ES' my and and fEcial seal. (SIGNATURE OF O 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 SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) -------------------------------- ❑ 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) --------------------------------------- - A-meric:ui Motorists Insunuice Com -,= 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 Illinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint David Z. Noddle of Los Angeles, California***************a+++++++++++++r+++++++++++++a+++a+ +++++n++++++++++++++ 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 provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS($2,500,000.00) 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 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 April 7, 1999. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company c`votwl(y+��y A'Aut./y o�ipts I V°h E .t t!E P?! " CtI6PGRd18 x Ae.l ab S u ` GOCPmTM[ 3 SIAt o VT!/J.(rM.�. �✓ +! Fa Z� \oe F]. �o S �WyDt1� 1iT Robert P.Hames,Secretary by J.S.Kemper, III,Exec.Vice President 1'-7RST TERM PREMIUM FULWARINED UPON ISSUANCE • SOND NO. 3SM 956 936 00 PREMIUM $1.840.00/TwQ Year: FAITHFUL. PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Parkside Court, LLC (hereinafter deslgn;�ted as"principal') have entered Into an agreement whereby principal agrees to Install and complete deslgiriated public improvements;which said agreement, dated 19 .99 .and ldentitied as pfojectTract # 14829 ,Is hereby referred to and made a part hereof;and 1NMEREAS,said principal Is required-under the terms of said agreement to furnish a bond for the faithful perfojrmance of said agreement. ' Nc}v,therefor,we,the principal and AMERICAN MOTORISTS INSURANCE COMPANY as surety, are field jand firmly bound unto the City of Huntington Beach,hereinafter called"City',the penal sumofNinety Two Thousand and No/100ths-- dollars ($ 92,000.00 lawful*money of the}United States,for the payment of which sum well and truly to be made,we bind ourselves,our heir,successors,executors and administrators,jointly and severally,firmly by these presents: Tt a condition of this obligation Is such that if the above bounded principal,his:or its heirs, executors,admini*ators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perfpmi the covenant,condition and provisions in the sAld agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and In the manner therein specleed,and in all respects according to their true Intent and meaning,and shall indemnify and save harmless*City*, Its officers,agents and employees,as therein stipulated,then this obligation shall become null$nd void,otherwise it shall be and remain In full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be Included costs and reasonable expenses and fees.including reasonable attorney's fees Incurred by•City In successfully enforcing such obligation, all to be taxed as costs and Included In any judgment rendered. i I t Thb surety hereby stiputates'and agrees[hat no charge,extension of Ume,alteration or addition to the term`lp of the agreement or to the work to be performed thereunder or the specifications accompanying the dame shall In anywise affect Its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In)nitness whereof,this instrument has been duly executed by the principal and surety above named,on May 4 , 19 99 t Parksid Cour , LL as Principal By AMERICAN MOTORI51-6 ! INSURANCE as Surety ., r By_ z David Z. odd ey-In-Fact t ay APPROVED AS TO FOftb4: GAIL HUTTON CITY ATTO -BY By,' Attorney' D y City 1 2 • 0 elf?fl)RtIVX�:: nP:I;€IikE7��<il� t3� .. . ,. %•�.... \ State of CAfornia County of Los Angeles MAY �' 4 19� On before me, A. Melende a Nolajv Public, NAME,TITLE OF OFFI(.-ER personally appeared David Z: Noddle 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 .eesoeeeaee0000eseeoeeeee00000000000e A. MELENDEZ o authorized capacity(ies), and that by his/her/their a COMM. #1077910 R signature(s) on the instrument the person(s), or the S -' NOT nY Pu3uC CALIFORNIA S entity upon behalf of which the person(s) acted, . 2 SOS ANGELES 2 ry M11y Comm.Expires November 19,1999 o executed the instrument. 9000Y00000000000000000000000000000000 WI E, S y d and fEcial se ( IGNATURE 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 foam. CAPACITY CLAIMED BY SURETY 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) --------------------------------------- Americ:u'I Motorists Insunuice C om slLr SIGNER OTHER THAN NAMED ABOVE STATE OF CALIFCIRNIA ) ) Ss COUNTY OF ORANGE ) ON-M" `t j q j .BEFORE ME, I O L(,��G, A NOTARY PUBLIC IN AND FOR'SAID STATE, PERSONALLY APPEARED 5 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 ACKNOWLEDGES1 TO ME THAT VHEXEXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHIC}t THE PERSONS ACTED,EXECUTED THE INSTRUMENT. Brenda M.Wickett; Cornm.#1161647 /� WITNESS MY HAND :'lqoTARYPUBLIC-CALIFOF*Imp_ ORAWE C"TY n Comm.Exp.Nov.15.x001 SIGNATURE Q 1 1 1. l MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC W AND FOR SAID STATE IN COUNTY 13 Venda M. W (NAME PRINTED) MY COMMISSION EXPIRES I S o2ODI • I STATE OF CALIFORNIA ) SS COUNTY OF OR44GE ) ON BEFORE ME, A'NOTARY PUBLIQ 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 PUBLICIIN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES sots 3 a.L Fyza- FYI,* / q ka 9 z e jVotes Office o the Cit CCerh off f y , Huntin ton Beach-t CaCifornta ' N'Le CITY OF HUNTINGTON BEACH-- TO: DEPARTMENT DATE i ❑ For your approval. iy ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. \ ❑ Return with more details. ❑ Answer. — ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. ❑ /4 f Please call. TELEPHONE Mrs.Miss ry TIME CALLED DATE CALLED TELEPHON NO. 0 �8 ( 155 - J 1 i t'�o YOd P'c.I�-2 vim_ ES AGE i I FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP av =; NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. l L4 49 Z41 PARCEL MAP NO. Ott PARK AND RECREATION FEES PAID: M YES $ *4 1?� " ❑ NO OTHER: +Vw4„l im%ohm-$ for: ' + Howard Zelefsky Planning Director '�. CITY OF HUNTINGTO� BEA H C INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 14829 (Authorization to Record) DATE: June 22, 1999 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Co., 114 E. 5th St., Santa Ana, CA. 92701 TITLE OFFICER: Ronald J. Gomez ORDER NO.: OR-9826386 PHONE NO.: (714) 558-3211 AV.u,/.;1 ZAI� I � _ ruce P. rosbyb NO f 35248 t Cu- I�el c�reed TR 14829 authorization to reco • 0 RCA .ROUTING S INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 14829 COUNCIL MEETING DATE: June 7, 1999 RCA"ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City 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) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR:MISSING ATTACHMENTS . REVIEWED RETURNED FOR` RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) .. ........ EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use