HomeMy WebLinkAboutTract Map 14515 - Bushard School Site - PRESLEY COMPANIES - City of Huntinzton Beach
' P O Box 711 CALIFORNIA 92648
TELEPHONE 714 536.5200 FAx 714 374.1603
SHARI L.FREIDENRICH
CITY TREASURER
September 16, 1999 CERTIFIED MAIL
The American Insurance Company
c/o AON-Risk Services
695 Town Center Dr., Ste. 500
Costa Mesa, CA 92626
To Whom It May Concern:
This is to inform you the City Council of the City of Huntington Beach, on June 21, 1999,
approved the release of the following bonds:
D. (v 0
ract# 14515
Faithful Performance Bond No. 111 3321 6181
Monument Bond No. 111 3321 6207
We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the
City Council Action approving the release of the above-referenced bonds.
If you have any questions regarding this matter,please contact me at(714) 536-5200.
Sincerely,
Shari L. Frei enrich, CPA, CCMT
City Treasurer
Enclosures
cc: Presley Homes
c/o Rose Gonzalez
19 Corporate Plaza
Newport Beach, CA 92660
Bob Beardsley, Director of Public Works (no attachments)
Connie Brockway, City Clerk (no attachments)
Gi••Denine Shari,.Letters-•••BondLt')9
2-a%TR OF
ArMPL-e-EY THE AMTR3CAN INSURANCE COM ANY
KNOW ALL MEN BY T'riESE PRESENZS: Toot T"r'c AMERICAN INSURA,`lC: COM?ANY, a Corporation incorporated under the laws of the S,21e or
New Jersey on Februar, 20. 1846,and redonesticated to the State of Nebraska on June 1, 1990,and having its principal office in the County of Marin, Stave of
California, his made,eormituted and appointed,and does by Lhese presents make,constitute and appoint
--- VICTORIA M. CAMPBELL
�{z•
---
y5as L�OGGT3 ul7z _din-Far,,with full po_c-i.d authcriry hereby cant—exl ir,its nar e,place and stead,to exGute,sal,acknowledge and deli"-a:,y
xc6d all bonds,underak-ml,recog3t3aees or oLheT writte3 obliglUoas in Lhe C.afure thereof
and to bind the.Corporation thereby as fully and to the same extent as if such bonds was signed by the President, scaled with the corporate seal of Lye
Corporation and duly attested by its Seer ary,hereby ratifying and confuming all that the said Attorncy(s)-in-Fars may do in the prises.
This power of attorney is granted pursuant to Article V1I,Se cdoas 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPAPIY now in full fore-*and
eff=.
-Attlee VII.Appolatmemt aad Authority of Resident Seaelirfm,Arforneys-la-Fsct sad Agents to Accept Zeyaf Process sad Mahe Appesraaces.
Secdoa 45.Appolotmeat. The Chalrmsn of the Board of Directors, the President, any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the President or any Vice-President may, from time to time,appoint Resident Assistant Secretaries sad
A ttoracys-ia-Fact to represent and set for and on behalf of the Corporation and Agents to accept kgal process sad make appearances for and on behalf of the
Corporation.
Section 46.Aarhodty.The authority of such Resident Assistant Secretaries,Attorneys-la-Fad and Ateots shall be as pcesa bed in the instrument evidencing
tidr appointment.Any such appointment and all sotboriry granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Dir•eaors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984,and said Resolution has not been amended or repealed:
-RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation"
IN WITNESS WHEREOF,THE AMERICAN INSUR.A-%4C=COMPANY has caused these presents to be signed by its Vice-Preside rmt.and its corporate seal to
be be_-recto affixed this 10 t h day of April . 19 98
THE A.MERJCAN INSURANCE COMPAJN
Y
via-Pnsidem
SLR OF CALMORNIA
as.
COUNTY OF MARiN
On this 10 t h day of April 19 98 ,before me personally came M.A.MaIIonee
to me known,wbo being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPAN-Y,the Corporation
dre•rbd in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said inerr+ =t is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITXr53 WHEREOF,I have hereunto w my hand and affixed my official seal,the day and year herein first above written.
r A. KRIEGER
Q s "ti' 1 cc#AM.SICA51
NCTARY PUaLIL•CALIFORNIA
YARui COUh'Y
►Y Cart Exaes LW 20 t 949 1 CERTIFICATE
STAT'-.OF CALIFORINLA
COUNTY OF MARIN as.
I,the tmde Biped,Resident Assistant Seer e-ary of T•HE A.I•L"eRICAJY INS'JR+LNCE COMP.,kN-Y,a NEBRASKA Corporation,DO H-R-BY CERTIFY tr=t
tb--foregoing and attached POWER OF Al RR,*lEY rezna.irs it,full fora and has not been revoked;and funhe more that Article VII,Sec ions 45 and 46 oft^•=
Bylaws of the Corporation,and the Resolution of the Beard of Dire vtors:see:fork it;Lhe Power.of Attorney,are now in force.
Sigmd and sealed at the County of Marin.Dated the 17 thday of November 19—9$--
% l
,�L,e�•: Reodect Amuwt Se=cuty
3ti0721-TA-3-95
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
COUNTY OF ORANGE )
On November 17 , 19 98 ,before me, Lilli Tippens ,
DATE NAME,TITLE OF OFFICER
personally appeared Eric A. Wittenberg
NAME OF SIGNER
personally known to me-or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledge to me that he executed the same in his authorized
capacity,and that by his signature on the instrument the person,or the entity upon behalf of
which the person acted,executed the instrument.
U W TIPPENS
11912,3
Commission# 11 WITNESS my hand and official seal.
i �. Notary Public=Callbrja
Orange County
9MY Comm. Jul 26,20C2
Signature of No dry'
OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the THIS TITLE OR TYPE OF DOCUMENT:
CERTIFICATE
data below, doing so may prove invaluable to persons
MUST BE
relying on the document.
ATTACHED TO
THE
DOCUMENT NUMBER OF PAGES:
INDIVIDUAL DESCRIBED AT DATE OF DOCUMENT:
CORPORATE RIGHT:
OFFICERS
Though the data SIGNERS)OTHER THAN NAMED
PARTNERS ( )LIMITED ( )GENERAL requested here is not ABOVE:
required by law,it
ATTORNEY-IN-FACT could preventfraudulent
reattachment of this
TRUSTEE(S) form
GUARDIAN/CONSERVATOR
OTHER:
ATTACHMENT 3
I
Recording requested by,
and when recorded return to:
`Connie Brockway,City Clerk -- - --
Office of the City Clerk Recorded in the County of Orange, California
CITY OF HUNTINGTON BEACH Gary L. Granville, Clerk/Recorder
P.O.Box 190—2000 Main Street IIIIIIIIIIII
Huntington Beach,Ca. 92648 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIII No Fee
� 19990418608 3;5@ m 06/28/99
005 29011736 29 57
IA04 1 6.00 0.00 0.00 0.00 0.00 0.00
i
(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 April 24, 1999, the City Engineer considered the tr
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. 14515.
Public improvements constructed consist of the domestic water system and appurtenances,
sanitary sewer system and appurtenances, storm drain system and appurtenances, curb, gutter,
sidewalk,paving and street furniture.
CITY OF HUNTINGTON BEACH
'Phis document is solely for thA by: City Engineer
official business of the City .1�G
of Huntington 0each, .as contemn- APPROVED AS TO FORM:
plated under Goer,. rnznt Code
Sec. 610:and should be rec0rd6d
free of char®eo. ------ AL�
6
Cit ,(�
6yaAtto
z- y 1 ��l
°Pax-Exempt-Government Agemy/
CITY OF HUNTWCITON BEACH
Connie Brockway,City Clerk
E: _
Opeputy City Clerk
i, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 22, 1999
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find "Acceptance of Public Improvements" for Tract 14515 to be
recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000
Main Street, Huntington Beach, CA 92648.
Please return a conformed copy of the acceptance when recorded and return to this
office in the enclosed self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
g:\followup\deeditr: Tract 14515— Presley Homes—w/Education Lane, 650'
sNorktown (Bushard School Site)
(Telephone:714-536-5227)
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190—2000 Main Street
Huntington Beach,Ca.92648
(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 April 24, 1999, the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section
255.22(A), the improvements for public use.
Further,the public improvements for the subdivision(s) have been dedicated to the City
of Huntington Beach, as described on Final Map No. 14515.
Public improvements constructed consist of the domestic water system and appurtenances,
sanitary sewer system and appurtenances, storm drain system and appurtenances, curb, gutter,
sidewalk,paving and street furniture.
CITY OF HUNTINGTON BEACH
This document is solely for the by: City Engineer
official business of the City .jpG
of Hunting'10n z contem- APPROVED AS TO FORM:
plated under an-t Code
Sec. 6103 and shouid be recorded /� _
tree of chargei, --- ,6
Cit6yay�-l�jy
Tax-Exempt-Government Agent/
CITY OF HUNTIFt TON BEACH
Connie Brockway,City Clerk
BY.
eputy City Cleric
RTY OF HUNTINGTON BEACH• / �9sB�1/
fn-gdenri'o i--F&Wrex
MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: PW99-030
Council/Agency Meeting Held: �aD 60
VApp
rred/Continued to:
roved Conditionally Approv dF ❑ Deinied E UT/ Ci Clerk's Signature
Council Meeting Date: June 7, 1999 Department ID Number: PW99-030
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTIONNo
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ":0
' "�r1 rn
7'` :i> C
SUBMITTED BY: RAY SILVER, City Administrate , h
PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works i3 0
SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 14515 -
AND ACCEPT THE PUBLIC IMPROVEMENTS.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Presley Homes, the developer of Tract No. 14515, located on the west
side of Education Lane, approximately 650 feet south of Yorktown Avenue (Bushard School
Site), has completed all required public improvements and is requesting a release of
securities pursuant to the provisions of the Subdivision Map Act.
Funding Source: Not applicable
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No.
14515 and,
2. Release the Faithful Performance/Labor and Material No. 111 3321 6181 and
Monument Bond No. 111 3321 6207 pursuant to California Government Code
Section No. 66499.7(b); and,
3. Accept Maintenance Bond No. 111 3321 6181-M; the security furnished for
guarantee and warranty of improvements, and instruct the City Clerk to file the bond
with the City Treasurer; and,
4. Instruct the City Clerk to notify the developer, Presley Homes of this action, and the
City Treasurer to notify the bonding company, The American 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.
• 0
Alternative Action(s): Deny the recommended action.
Analysis: On December 18, 1995, the City Council approved Final Map No. 14515 and
accepted bonds, the securities furnished for faithful performance, labor and material and
monuments. The developer has completed all required public improvements, and is
requesting acceptance of the work and release of the faithful performance, labor and material
and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public
improvements constructed consist of the water system and appurtenances.
The City Engineer has determined that the improvements have been constructed in
substantial compliance with the approved plans and specifications, and recommends
acceptance of the improvements. Calif. Government Code Section No. 66499.3 (d) requires
that security for the guarantee and warranty of the improvements be posted upon acceptance
of the public improvements. The developer has provided Maintenance Bond No. 111 3321
6181-M as security.
Following is a list of project data:
Subdivider: Presley Homes, 19 Corporate Plaza, Newport Beach, CA. 92660
Engineer: Madole and Assoc., 1820 E. 16t" St., Santa Ana, CA. 92701
Title Co.: First American Title Co., 114 E. 5th St., Santa Ana, Ca. 92702
Zone: RL-FP2 (Low Density Residential-Flood plain)
Environmental Status: This recommended action is a ministerial act, and is exempt from
the requirements of the California Environmental Quality Act, pursuant to State CEQA
Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b).
Attachment(s):
City Clerk's
Page Number No. Description
1. Location Map
2 Maintenance Bond No. 111 3321 6181-M
3 Acceptance of Public Improvements Form
RCA Author: Bruce Crosby
Tr 14515 RCA bond release -- 05/10/99 10:38 AM
i, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: ,.,�
TO: ATTENTION:
7qwo r P P1 az DEPARTMENT:
REGARDING: 7X-4 d,7- _'
Citj State, ip 9A��v
See Attached Action Agenda Item —q Date of Approval_S7L /
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
RP arks: on U mel)�
a �6L Fi fhGuL Pex-mrma- n u SnAl4
Connie Brockway
City Clerk /SRO ///— 3 3 /10-/�.
D N OF Ga17�99
Attachments: Action Agenda Page Agreement Bonds ✓ Insurance
RCA Deed Other
CC: PW L) Z
Name Department RCA Agreement Insurance Other
Cks 8 � (I J
i
e D partment RC� Agreement Insurance Other
i 2d ri Y
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name -Company Name- Date
G:Followup/coverltr
(Telephone:714.536-5227)
ATTACHMENT 1
SECTIONAL DISTRICT MAP 6-6 - 10 .�
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY GMAP �IIIII Hmi
SMNC M I I 1 1 1 1 1 1
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Y ¢
CORE DR.
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N IT AT q W C
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I I I I I 1 __
j KREPP DR. FLOUNDER DR
Y � TROMLfDR
ICF—E _ -�-�- Po LACK OR AILFISH R
I I
� eN•exYl q _�—.T >a a•Nxix j DR uGRAND ' Fue R
I I 3 1 I a
YORKTOWN S AVE.
li ' i I II li
vEeOx K.• Dn DN I GREENWICN DR. I y nAl
I• (OKA SCHOO;.)
WRr;.i DP u P M TK OR. I p• j C.
se ucx
3 NANTUCKEIT I i DR I j - eoNo
uvCK It11 I
CF W54ARD SCHOOL)
mHYANNIS PORT OR r•N—m DR.
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I 11
iI I —CF-C
CAPE COD DR.- TELN
CF-R' C F—E I '_J..
J I (WAR::yW HCKCAL) V I`' GROR:N OR. _J I BKKL[r 3 I •eO0[pi� ` J
j
Z IF
C I nNeosc�
QPIONEER OR _ .. _ D 1 uNwo¢u N.c+xam u
'_ _ I I I z .. — i 1
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GETTYSDURG DR \JJ L_ Y
_ unv yN $ 3 e..+u o
I III I CRAWFORD CR. - H z .4 - - cr
m
I 1
` I
�.� ADAMS - AVE.
I
.t
I have received Maintenance Bond No. 111-3321-6181-M, The American Insurance
Company for Presley Homes.
Re: Tract No. 14515— Presley Homes —w/Education Lane, 650' s/Yorktown Ave.
(Bushard School Site)
Dated: '2,2.-9 '
By:
MAINTENANCE BOND
Bond No. 111 3321 6181-M
Premium included in
Performance bond
KNOW ALL MEN BY THESE PRESENTS:
That Presley Homes, a California corporation. as Principal, and The American Insurance Company,
incorporated under the laws of the State of Nebraska as Surety, are held and firmly bound unto City of
Huntington Beach, State of California, as Obligee, in the amount of Eighty Six Thousand and
NO/100ths Dollars ($86,000), for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal entered into a written agreement with the Obligee on providing for the
construction of certain subdivision improvements in Tract 14515 in the City of Huntington Beach,
California; and
WHEREAS, said work has been or will be completed by the Principal.
NOW, THEREFORE, if said Principal shall promptly replace and repair any work proven to be
defective because of faulty workmanship and/or material within a period of one (1)year from date of
acceptance of the work by the Obligee, then this obligation to be void; Otherwise to remain in full force
and effect.
City Attorney
City Attorney
Signed, sealed and dated this 17th day of November, 1998. r
The American Insurance Company
Presley Hom
a Californi a o '
By: By:
Eric A. Wi.tteng r, Vice President Victoria M. Campbell, Attorne -in-Fact
State of California
County of Orange
On November 17, 1998 before me, K. R. Viodes, Notary.Public
DATE NAME. TITLE OF OFFICER-E.G., 'JANE DOE, NOTARY PUBLIC-
personally appeared Victoria M. Campbellx********^
NAME(S) OF SIGNER(S)
0 personally known to me - OR- ❑ to be the
person(s) whose namely is/an subscribed to the within
instrument and acknowledged to me that te/she/#
executed the same in Wher/MYC authorized capacity(M),
and that byxbk/her/t signature M on the instrument the
K.R.VIODES Commission# 1 180 person(, or the entity upon behalf of which the person
488
.:-.
Notary Public-Californiaacted, executed the instrument.
`J Orcnge County
C ':z"c' " WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑PARTNER(S) ❑LIMITED
❑GENERAL
DATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
• 0
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of Securities for Tract No. 14515 and
Accept the Public Improvements
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 Attomey) 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 Not Applicable
- ;'EXPLANATION FOR MISSING.ATTACHMENTS
REVIEWED a. RETURNED FO DEG,
Administrative Staff ( ) )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk ( )
EXPLANATION FOR RETURN Of ITEM. .
SpaceOnly)
RCA Author: Bruce Crosby
' 898528
Real Estate Shippers Associaiin �`~ -'
1639 East Edinger, Santa Ana, CA 9 • (714) 953-3122
PICK1 AT i BILL SE DATE/ TIME
i .✓f � �� �" � GIB._ vSs v � G
. ADDRESS DIRECT RUSH ECON
i
eSERII�E
SPECIAL INSTRUCTIONS:
TURE _TIME _ t"J ,�
E TED BY DELIV.CHARGE
• DELIVER T& ) BILL SEE: WAITING TIME
ADDRESS
• TY
II WEIGHT
CONSIGNEE SIGNATURE TIME
TOTAL
=MAXIMUM$50.00 LIABILITY UNLESS OTHERWISE DECLARED BY SHIPPER=
0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY -1 2oy Go
CRY CLERK
January 3, 1996
Commonwealth Land Title Co.
Mr. Jim Prasch
200 West Santa Ana Boulevard
Santa Ana, CA 92701
Attention: Mr. Jim Prasch
Regarding: Tract Map No. 14515
This is to inform you that all fees have been paid and conditions met on the above
named tract. You are free to record same at your convenience.
After recording, please return two prints of the Tract Map to Bruce Crosby, Department
of Public Works, P. 0. Box 190, Huntington Beach, CA 92648.
Sincerely,
Connie Brockway, CIVIC
City Clerk
C B:cc
Enclosure
Received
Dated:
gAfollowuplractmap
(Telephone:714-536-5227)
NOTICE OWOMPLIANCE WITH O)NDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE:
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO. I
PARCEL MAP NO.
PARK AND RECREATION FEES PAID: V YES $ ILO, 9UQ.OD ❑ .NO
OTHER:
for:
Howard Zelefsky
Planning Director
•
I.
AUTHORIZATION OF MAP RELEASE TO TITLE CO.
TO: Christine Cleary
Deputy City Clerk
FROM: Bruce Crosby
Civil Engineering Assistant
DATE: December 28, 1995
TRACT NO.: 14515
TITLE CO.: Commonwealth Land Title Co.
PHONE NO.: (714) 835-8511
TITLE OFFICER: Bob Brown
I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have
been complied with.
Bruce P. Crosby
8078
.j, je CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY.CLERK
CONNIE BROCKWAY
CITY CLERK
December 20, 1995
Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
Gentlemen:
The City Council of Huntington Beach, at its regular meeting held Monday, December 18, 1995
approved the Subdivision Agreements for Final Tract Nos. 14990 and 14515.
We are enclosing herewith duly executed copies for your files.
Sincerely,
Connie Brockway, CMC
City Clerk
CB\cc
Enclosure
gAfollowvp\sdivagmt
(Telephone:714-536-5227)
B w S` ace For Cat Clerk's:Use O ��
Council/Agency Meeting Held:71 -11 _
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied City Cferk's Signature
Council Meeting Date: December 18, 1995 Department ID Number: CD95-55
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Director of Community Development
SUBJECT: FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachmen
Statement of Issue
The final map of Tract 14515, located on the site offhe former Bushard Elementary School, west
of Education Lane, approximately 650 feet south of Yorktown Avenue is being submitted for City
Council approval.
Funding Source
Not Applicable.
Recommended Action
Motion to:
"Approve Final Tract Map No. 14515 and accept the offer of dedication and improvements,
and bonds pursuant to the following findings and requirements:"
Findings for Acceptance of Final Map:
1. Final Tract Map No. 14515 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14515
conditions of approval as approved by the Planning Commission.
i �
REQUEST FOR COUNCIL A&ION Med*g Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS "" CD95-55
Requirements:
1. Offer of dedication and improvements are subject to completion of requirements shown on the
tentative map.
2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer:
a. Faithful Performance Bond No. 111 3321 6181
b. Labor and Material Bond No. 111 3321 6181
c. Monument Bond No. 111 3321 6207
3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary
processing by the County of Orange for recordation until the following conditions have been
complied with:
a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be
provided;
b. An approved Certificate of Insurance shall be submitted;
C. Drainage for the subdivision shall be approved by the Department of Public Works prior
to recordation of the final map;
d. An approved Subdivision Agreement shall be submitted;
e. Payment of Park and Recreation In-Lieu Fees.
Alternative Action(s
The City Council may make the following motion:
A. "Deny Final Tract Map No. 14515 and not accept the offer of dedication, improvements, and
bonds."
CD95-55 -2- 12/18/95
REQUEST FOR COUNCIL A*ON Mee^ Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS . CD95-55
Analysis
SUBDIVIDER: Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
ENGINEER: Madole and Associates, Inc.
1820 E. 16th Street
Santa Ana, CA 92701
TITLE COMPANY: Commonwealth Land Title Insurance Co.
200 W. Santa Ana Blvd.
Santa Ana, CA 92701
LOCATION: Bushard School site
(West of Education Lane, approximately 650 feet south of Yorktown Avenue)
ACREAGE: 9.82 Acres
NO. OF LOTS: 59 lots (Bushard Park expansion)
NO. OF UNITS: 58 units
ZONE: RL-FP2 (Low Density Residential-Floodplain)
GENERAL PLAN: Low Density Residential
DISCUSSION:
On June 13, 1995, the Planning Commission conditionally approved Tentative Tract Map No.
14515 (R) for the subdivision of the closed Bushard School site into 59 lots for purposes of
development of 58 single family residential units and an expansion of Bushard Park. The Planning
Commission also approved Site Plan Amendment No. 94-2 in conjunction with the tentative map.
The subdivider will be required to satisfy.the Park and Recreation requirement through payment of
an in-lieu fee in the amount of$180,960.00 prior to release of the map for recordation.
The final map has been examined and certified by the City Engineer and the Secretary to the
Planning Commission as being in conformance with the conditions of approval for the tentative
map as filed with, amended and approved by the Planning Commission.
CD95-55 -3- 12/18/95
REQUEST FOR COUNCIL AOION Meeeg Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS - '" CD95-55
Environmental Status
This action to accept Final Tract Map No. 14515 is exempt from the requirements of the California
Environmental Quality Act, Section 15628(b). On April 20, 1992, the Planning Commission
approved Negative Declaration No. 92-15 for the project itself.
MTU:MSF:WC:kjl
Attachment(s):
Page Number
1 Area Map
2 Tentative Tract Map No. 14515
3 Tentative Tract Map No. 14515 Findings and Conditions of
Approval
CD95-55 -4- 12/18/95
w S ace For Cit Clerk's Use
Council/Agency Meeting Held:
Deferred/Continued to:
XApproved ❑ Conditionally Approved ❑ Denied City erk's Signature
Council Meeting Date: December 18, 1995 Department ID Number: CD95-55
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Director of Community Development `���_� �-�
SUBJECT: FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachmen
Statement of Issue
The final map of Tract 14515, located on the site of the former Bushard Elementary School, west
of Education Lane, approximately 650 feet south of Yorktown Avenue is being submitted for City
Council approval.
Fundinq Source
Not Applicable.
Recommended Action
Motion to:
"Approve Final Tract Map No. 14515 and accept the offer of dedication and improvements,
and bonds pursuant to the following findings and requirements:"
Findings for Acceptance of Final Map:
1. Final Tract Map No. 14515 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14515
conditions of approval as approved by the Planning Commission.
1
f
REQUEST FOR COUNCIL APION Meeti� Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS CD95-55
Requirements:
1. Offer of dedication and improvements are subject to completion of requirements shown on the
tentative map.
2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer:
a. Faithful Performance Bond No. 111 3321 6181
b. Labor and Material Bond No. 111 3321 6181
c. Monument Bond No. 111 3321 6207
3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary
processing by the County of Orange for recordation until the following conditions have been
complied with:
a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be
provided;
b. An approved Certificate of Insurance shall be submitted;
c: Drainage for the subdivision shall be approved by the Department of Public Works prior
to recordation of the final map;
d. An approved Subdivision Agreement shall be submitted;
e. Payment of Park and Recreation In-Lieu Fees.
Alternative Action(s
The City Council may make the following motion:
A. "Deny Final Tract Map No. 14515 and not accept the offer of dedication, improvements, and
bonds."
CD95-55 -2- 12/18/95
REQUEST FOR COUNCIL ARON Meet109 Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS CD95-55
Analysis
SUBDIVIDER: Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
ENGINEER: Madole and Associates, Inc.
1820 E. 16th Street
Santa Ana, CA 92701
TITLE COMPANY: Commonwealth Land Title Insurance Co.
200 W. Santa Ana Blvd.
Santa Ana, CA 92701
LOCATION: Bushard School site
(West of Education Lane, approximately 650 feet south of Yorktown Avenue)
ACREAGE: 9.82 Acres
NO. OF LOTS: 59 lots (Bushard Park expansion)
NO. OF UNITS: 58 units
ZONE: RL-FP2 (Low Density Residential-Floodplain)
GENERAL PLAN: Low Density Residential
DISCUSSION:
On June 13, 1995, the Planning Commission conditionally approved Tentative Tract Map No.
14515 (R) for the subdivision of the closed Bushard School site into 59 lots for purposes of
development of 58 single family residential units and an expansion of Bushard Park. The Planning
Commission also approved Site Plan Amendment No. 94-2 in conjunction with the tentative map.
The subdivider will be required to satisfy the Park and Recreation requirement through payment of
an in-lieu fee in the amount of$180,960.00 prior to release of the map for recordation.
The final map has been examined and certified by the City Engineer and the Secretary to the
Planning Commission as being in conformance with the conditions of approval for the tentative
map as filed with, amended and approved by the Planning Commission.
CD95-55 -3- 12/18/95
REQUEST FOR COUNCIL ANION Meetij Date: December 18, 1995
FINAL TRACT MAP NO. 14515 WITH BONDS AND AGREEMENTS CD95-55
Environmental Status
This action to accept Final Tract Map No. 14515 is exempt from the requirements of the California
Environmental Quality Act, Section 15628(b). On April 20, 1992, the Planning Commission
approved Negative Declaration No. 92-15 for the project itself.
MTU:MSF:WC:kjl
Attachment(s):
Page Number
1 Area Map
2 Tentative Tract Map No. 14515
3 Tentative Tract Map No. 14515 Findings and Conditions of
Approval
CD95-55 -4- 12/18/95
ATTACHMENT 1
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ATTACHMENT 3
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Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
June 16, 1995
Presley Companies
19 Corporate Plaza
Newport Beach, CA 92660
SUBJECT: SITE PLAN AMENDMENT NO. 94-2/TENTATIVE TRACT MAP NO.
14515(R):
PROPERTY
OWNER: Fountain Valley School District, 17210 Oak Street, Fountain Valley, CA
92708
REQUEST: To permit an amendment to previously approved Tentative Tract Map No.
14515, which includes the redesign of a 58 lot subdivision on the 9.68 net acre
closed Bushard School site. The request includes a Planned Unit Development
(PUD) consisting of 58 two (2) story single family residences with reduced lot
sizes.
LOCATION: 98.00 Yorktown Avenue (closed Bushard School site)
DATE OF
ACTION: June 13, 1995
FL 1DINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 14515(R):
l. The size, depth, frontage, street width, and other design features of the proposed subdivision
for a 58 unit planned unit development are in compliance with the standard plans and
specifications on file,with the City as well as in compliance with the State Subdivision Map
Act and the supplemental City Subdivision Ordinance. The revision to the previously
approved single family residential subdivision, is designed to integrate with the existing
neighborhood with public streets and sidewalks. In addition, 17,874 square feet of land area
is being dedicated for park purposes.
2. The property was previously studied for this intensity of land use at the time that the General
Plan designation of Low Density Residential (maximum 7 units per acre), and Residential Low
Density zoning were implemented. The density of the proposed subdivision is 6 units per net
acre.
(pcc1029-1)
3. The site is relatively f physically suitable for the propose ty of six (6) units per
acre. The proposed 58 lsubdivision for a 58 single family detacN5 residential PUD does
not involve relief from development standards.
4. Tentative Tract Map No. 14515(R) for 58 single family detached residential PUD is consistent
with the goals and policies of the Huntington Beach General Plan. The proposed revision to
the tract map provides for a better living environment through proper land planning
techniques.
FINDINGS FOR APPROVAL- SITE PLAN AMENDMENT NO. 94-2:
1. The revision to the previously approved tentative map, including the redesign of the street
circulation pattern by reducing the number of cul-de sacs, increasing the average size of the
lots, as well as reducing the impacts to the adjacent properties, does not constitute a
substantial change. The modifications will reduce the impacts to the neighborhood, and
results in a more compatible project.
2. The use of property will remain the same. The project still consists of 58 detached single
family residences. The revision to the planned unit development for 58 single family detached
residences conforms with the provisions contained in the Huntington Beach Zoning and
Subdivision Ordinance, including Section 210.12 Planned Unit Development.
3. The revision which includes the redesign of the street circulation system, increase in the
average size of the lots, reduced grade differential between the project site and adjacent
properties, and reduced building bulk along the streets, results in an improved development.
4. The location, site layout, and design of the proposed 58 unit single family residential
subdivision properly adapts the proposed structures to streets, driveways, and other adjacent
structures and uses in a harmonious manner. The combination and relationship of one
proposed to another on a site are properly integrated.
CONDITIONS OF APPROVAL -SITE PLAN AMENDMENT NO. 94-2:
1. The site plan, floor plans, and elevations received and dated April 24, 1995 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, the following shall completed:
a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes.
Street names shall comply with City Specification No. 409 and be submitted to the Fire
Department for review and approval.
b. Provide a minimum three (3) foot sideyard from fireplace enclosure wall on the site plans.
(BLDG)
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. (BLDG)
(pcc1029-2)
d. If foil-type insula So be used, a fire retarding type sha as
tailed as approved by
the Building Division and indicated on the floor plans. (BLDG
e. If outdoor lighting,is included, high-pressure sodium vapor lamps or similar energy
savings lamps shall be used. All outside lighting shall be directed to prevent "spillage"
onto adjacent properties and shall be noted on the site plan and elevations.
f. The site plan shall include (or reference page) all conditions of approval imposed on the
project printed verbatim. Model numbers, lot numbers and street names shall be depicted
on the site plan.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan for all areas within the project boundaries, including the parkland, shall be
submitted to the Department of Public Works for review and it must be approved (by
issuance of a'grading permit). Final design elevations of grading shall not vary from
elevations shown on the tentative map by more than one (1) foot. (PW)
b. Wall plans which depict decorative materials shall be submitted and approved by the
Department of Community Development. Double walls shall be prohibited; prior to the
construction of any new walls, a plan must be submitted identifying the removal of any
existing walls next to the new wall, and shall include necessary homeowner's approval.
c. 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 for grading, chemical and fill properties, foundations, retaining walls,
streets, and utilities. (PW)
d. 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 Department of Public
Works. (PW)
e. 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
Section 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be
approved by both departments prior to issuance of building permits. Any existing mature
trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box
trees, which shall be incorporated into the project's landscape plan. "Drought tolerant"
plants and turf shall be used for all landscaping. (PW, PLNG)
f. The developer shall obtain a National Pollutant Discharge Elimination System (NPDES)
Permit for construction activities from the Regional Water Quality Control Board.
Evidence that a permit has been obtained shall be submitted to the City Engineer. (PW)
(pcc1029-3)
g. A park improven 'On for the dedicated parkland must tted to the Department
of Community Services depicting the improvements (turf, tree sidewalks, security
lighting, irrigation, etc.)
h. Plans depicting the location, type, size, and quantity of all existing plant material which
will be removed or relocated as a result of the project shall be submitted to the
Departments of Community Development and Public Works. (PW)
4. Prior to issuance of building permits, the following shall completed:
a. Hydrology and hydraulic studies shall be submitted for Public Works approval. (PW)
b. Developer shall prepare water system calculations to support fire flow requirements. (PW)
c. Maintain current water level of service by complying with water system improvements
contained in.the City's Water Master Plan and specific Water Department
recommendations. (PW)
d. If applicable, the applicant shall submit a site plan depicting the Model home/sales office,
and parking lot locations to the Department of Community Development for review and
approval.
e. Final Tract Map No. 14515 shall be accepted by the City Council. It shall be recorded
with the County Recorder's Office and a reproducible copy submitted to the Department
of Public Works. (PW)
f. 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.
g. Submit copy of completed FEMA Elevation Certificate.
-h. Five (5) fire hydrants shall be required and installed prior to combustible construction.
Shop drawings shall be submitted to the Public Works Department and approved by the
Fire Department prior to installation. (FD)
i. All fire hydrants and all-weather asphalt roadways must be in place. (FD)
j. Stop signs shall be installed by the applicant pursuant to the City of Huntington Beach
standards at the intersection of Education Lane and Constitution Drive.
5. During construction, the following shall be adhered to:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site;
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage
smog alerts);
e. Discontinue construction during second stage smog alerts.
(pcc1029-4)
6. Prior to final buildin Ot inspection approval for any singf, a residential unit, the
following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Community Development Department.
b. All improvements (including landscaping and irrigation system) to the property shall be
completed in accordance with the approved plans and conditions of approval specified .
herein.
c. Compliance with all conditions of approval specified herein shall be accomplished.
d. Removal of existing sewer and storm drain lines adjacent to the park shall be replaced to
Public Works Dept. standards.
e. A reproducible mylar copy of the recorded final map, along with a digital graphics file of
the recorded map, shall be submitted to the Department of Public Works. (PW)
f 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.
g. Parkland dedicated to the City of Huntington Beach shall be developed per Public Works
and Community Services Department specifications.
h. Submit copies of completed FEMA Elevation Certificates for each individual lot depicting
finished floor elevations (as built).
CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 14515:
1. The tentative tract map received and dated April 24, 1995 shall be the approved layout.
2. The following conditions are required to be completed prior to recordation of the final map
unless otherwise stated. Bonding may be substituted for construction in accordance with
provisions of the Subdivision Map Act:
a. The developer shall submit a separate utility plan, showing water system improvements
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works
Standards and Water Division design criteria. These plans shall be approved prior to any
construction, by the Public Works Water Division and the City of Huntington Beach Fire
Department. (PW)
b. Each proposed building shall have a separate domestic water service per Water Division
Standard Plans. (PW)
c. Fire hydrant locations shall be approved by the Fire Department. All fire hydrant laterals
shall be located within vehicular travelways. (PW)
(pcc1029-5)
d. The water systen- a designed per the City of Hunting Mach Water Division's
design criteria, ana sha be installed per City of Huntington B Water Division's
Standard Plans and Specifications. The proposed water system shall be looped and
hydraulic calculations shall be submitted supporting the proposed water system design.
Any existing on-site water facilities shall be abandoned per Water Division Specifications.
(PW)
e. The following shall be dedicated to the City of Huntington Beach:
1. The water system and appurtenances.
2. The sewer system and appurtenances.
3 The storm drain system and appurtenances.
4. The 2.00 foot public utility easement.
5. A 10.00 foot wide storm drain easement located at the northwest corner of the tract.
b. A 10.00 foot wide sewer easement located and the northwest corner of the tract; (PW)
7. The 17,874 square foot lot (Lot 60 of Tract 14515) for public.park purposes.
f. 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. (PW)
g. 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. (PW)
h. Hydrology and hydraulic studies shall be submitted for Public Works review and approval.
The developer shall design and construct the storm drain system to serve the site. (PW)
i. A sewer study shall be submitted for Public Works approval. The developer shall design
and construct the sewer system required to serve the development. (PW)
j. Damaged and deteriorated public improvements on Education Lane, adjacent to the tract
boundary, excepting the remainder parcel frontage shall be reconstructed to centerline per
Public Works requirements. A service life of 20 years shall be provided for. (PW)
k. The developer shall contact the property owners at 9862 and 9852 Garret Circle in regard
to removing the knuckle at Education Lane and Garret Circle and reconstructing a regular
tee intersection. Vacated portions of the street shall be improved to match existing
properties, as required by the Public Works Director. The developer shall prepare and
submit all required plats and documents required for vacation. (PW)
1. Interior street sump areas for storage of increased, peak stormwater runoff shall be
created unless hydrology and hydraulic studies prove otherwise. Drainage discharge from
the development site shall be designed to avoid an increase of peak discharge during a
local, 100 year rainfall and a local, 25 year rainfall. (PW)
(pec1029-6)
m. The developer sl eide written notice to prospective , hat the design of this
project precludes and prohibits the installation (now and in the�'uture) of security gates or
systems at the entry points to Tract No. 14515. (PW)
n. Lot "A" shall remain the property of the school district and access shall be provided during
school hours only. Access shall be controlled by fences, gates, and locks operated by the
school district. (PW)
o. Lots 15 and 17 shall have a 10'x 10' corner cut-off adjacent to the proposed driveway
providing site distance to lot 16. (PW)
p. Prior to City acceptance of the existing private storm drain system located in Isojiro Oka
School, the developer shall slip line the pipe with PVC. In addition, the developer shall
correct an existing deficient public storm drain line crossing Yorktown Avenue, to the
satisfaction of the Public Works Department. The developer shall make all necessary
modifications requested by the City to bring the storm drain into conformance with Public
Works standards. upon acceptance by the City, the developer shall dedicate a 15 foot
storm drain easement to the City. (PW)
q. The developer shall be responsible for processing and obtaining approval of the legal
documents necessary for the vacation of the City easement at the southwest corner of
Tract 14515. The cost of the vacation which includes, but is not limited to, preparation of
legal descriptions, applicable City fees, County recording fees, and the removal and
replacement of improvements at the new property lines, shall be incurred by the developer.
r. An Affordable Housing Agreement Plan shall be submitted for review and approval by the
Community Development Department. The plan shall provide for minimum 10 percent of
the housing units (equal mix of 6 units) approved to be affordable to families of low and
moderate income level.(average 1.00% of Orange County median). Said plan shall be
executed prior to issuance of the first building permit for the tract. The affordable units
shall be under construction, or available to the public, prior to final building permit
approval (occupancy) of the first home. The plan shall include, but is not limited to:
1. Build affordable units at an alternative location which is under control of the applicant.
All units shall be constructed prior to or concurrent with the primary project and final
approval of the project shall be contingent upon completion and final approval, or
evidence of the applicant's reasonable progress towards attainment or completion, of
the affordable units.
2. Rehabilitate existing units and ensure long term affordability.
3. Preserve existing affordable units for the long term (30 years).
4. Other options which generate new opportunities for low and moderate affordable
housing units for thirty (30) years.
5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a
resolution for in-lieu fees is adopted prior to recordation of the final tract map.
(pcc1029-7)
CODE REOUIREMEI •
1. The development shall comply with all applicable provisions of the HBZSO, Building
Division, and Fire Department, except as noted herein; and shall meet all applicable local,
State and Federal Fire Codes, Ordinances, and standards.
2. All applicable Public Works fees shall be paid prior to map recordation. (PW)
3. Traffic Impact Fees shall be paid at the time of final building permit inspection of the first unit.
(PW)
4. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in
effect at the time the final map is accepted by City Council, or issuance by building permits,
whichever occurs first.
5. An encroachment permit shall be required for all work within-City right-of-way. (PW)
6. Construction shall be-limited to Monday - Saturday 7:00 AM to 9:00 PM. Construction shall
be prohibited on Sundays and Federal holidays.
7. Tentative Tract Map No. 14515(R) and Site Plan Amendment No. 94-2 shall become null and
void unless exercised within two (2) years of the date of final approval. An extension of time
may be granted by the Planning Director pursuant to a written request submitted to the
Planning Division a minimum 30 days prior to the expiration date.
I hereby certify that Site Plan Amendment no. 94-2 and Tentative Tract Map-No. 14515(R) were
approved by the Planning Commission of the City of Huntington Beach on June 13, 1995. upon
the foregoing findings and conditions. This approval represents conceptual approval only;
detailed plans must be submitted for review and the aforementioned conditions completed prior to
final approval.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by �e kvw-'v"
:
Scott Hess, AICP
Senior Planner
(pcc1029-8)
RCA ROUTING SHEET
INITIATING DEPARTMENT: Community Development
SUBJECT: Final Tract Map No. 14515
COUNCIL MEETING DATE: December 18, 1995
. ....... . . ........ ......... .... .. ...... . . _.... ...... . ........._ ........... _. ... ....... . ...... .........
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) Attached
Subleases, Third Party Agreements, etc.
(Appoved 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) Attached
Commission, Board or Committee Report (If applicable) Attached
Findings/Conditions for Approval and/or Denial Attached
. .......... ..... ............... . ......... .. ......... . .......... . . ..... ........ ....... . ...... .. ..........
.
:EXPLANATION FOR MISSING ATTACHMENTS:
REVIEWED RETURNED FORW DED
....... _ ........
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN Of ITEM
.
Space . Only)
� I �
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE PRESLEY COMPANIES FOR TRACT NO. 14515
TABLE OF CONTENTS
Section Page
1 General Street Construction.................................................:................................2
2 Arterial Highway Improvement...............................................................................2
3 Guarantee .............................................................................................................2
4 Faithful Performance and Security........................................................................3
5 Indemnification, Defense, Hold Harmless..............................................................3
6 Workers' Compensation Insurance........................................................................4
7 Insurance...............................................................................................................4
8 Certificates of Insurance; Additional Insured Endorsements.................................5
9 Attorneys' Fees..........:...........................................................................................5
TkArl 4990/11/15/95
SUBDIVISION AGREEMENTBY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
THE PRESLEY COMPANIES FOR TRACT NO. 14515
THIS AGREEMENT is entered into this loth day of December. -- , 1995, by and
between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and THE PRESLEY COMPANIES, a California
corporation hereinafter referred to as "SUBDIVIDER."
RECITALS
WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to
subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to
public use, and is about to file with CITY a map of the tract of land known as Tract No. 14515;
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 Govemment Code of the State of California, and Article 997 of CITY'S
ordinance code.
NOW, THEREFORE, in consideration of the promises and agreements of the parties
as herein set forth, the parties agree as follows:
1
3/k/U14990/11/15/95
1. GENERAL STREET CONSTRUCTION
SUBDIVIDER does hereby agree to do and perform the following work in said
tract: - all conditions of the tract map not completed at the time of the recordation thereof to
include, but not limited to, the construction of streets, including excavation, paving, curbs,
gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot
laterals and structures; street lights; street signs; construction of domestic water systems
including the construction of water mains, lot laterals and installation of meters; engineering
costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said
work shall be done and performed in accordance with plans, specifications and profiles which
have been approved by the City Engineer and filed in the office of the City Engineer. All of
work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the
dedication of said streets, alleys and other improvements, and said work shall be completed on
or before two (2) years from the date hereof; and all labor and material bills therefor shall have
been paid by SUBDIVIDER.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway improvements, including
perimeter walls and landscaping required by conditions of the tract map, prior to release or
connection of utilities for occupancy for any lot in the Tract.
3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligation as stated herein for a period of one (1) year following the date of City Council
acceptance of same.
4. FAITHFUL PERFORMANCE AND SECURITY
In accordance with Huntington Beach Ordinance Code (HBOC) Article 997,
upon execution hereof SUBDIVI ER shall deposit with the City Treasurer the sum of Eight
(o0,eoo
Hundred Sixty Thousand Dollars $� as prescribed by HBOC Section 9970, whic
security is given to CITY to insure faithful performance of this Agreement and of all of the
2
3/k/tr1 4990/1 1/1 5/95
conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other
approved form of improvement security. All bonds and other forms of deposit shall be
approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during
the term of this Agreement, substitute improvement security provided that the substituted
security is acceptable to the City Attorney; however, any bond.or other security given in
satisfaction of this condition shall remain in full force and effect until the work of improvement
is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute
security at any time.
5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save
harmless CITY, its officers, and employees against any and all liability, claims,judgments,
costs and demands, however caused, including those resulting from death or injury to
SUBDIVIDERS employees-and damage to SUBDIVIDER'S property, arising directly or
indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including
those arising from the passive concurrent negligence of CITY, but save and except those
which:arise out of the active concurrent negligence, sole negligence, or the sole willful
misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY
shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in
enforcing this obligation.
6. WORKERS' COMPENSATION INSURANCE
Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges
awareness of§ 3700 of seq. of said code, which requires every employer to be insured against
liability for workers' compensation; SUBDIVIDER convenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
3
3/k/O4,990/11/15/95
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit.
7. INSURANCE
SUBDIVIDER shall carry at all times incident hereto, on all operations to be
performed hereunder, general liability insurance, including coverage for bodily injury, property
damage, products/completed operations, and blanket contractual liability. Said insurance shall
also include automotive bodily injury and property damage liability insurance. All insurance
shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,
subcontract work, contractual obligations, product or completed operations and all owned
vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange,
the CITY and its officers, agents and employees, and all public agencies as determined by the
CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in
full force and effect during the life of this Agreement, in an amount of not less than One Million
Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form
which includes a designated aggregate limit, such limit shall be no less than One Million
Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately
notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer
to waive its subrogation rights against CITY and agrees to provide certificates evidencing the
same.
8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the
name and policy number of each carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not be canceled or modified without
thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing
4
3/W 04990/11/15/95
insurance coverages in force until the work under this Agreement is fully completed and
accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this
Agreement. CITY or its representative shall at all times have the right to demand the original
or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely
manner, the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of SUBDIVIDER'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
9. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions
of this agreement or in any bond given to secure the performance hereof, each party shall
bear its own attorney fees and costs.
Rest of page not used
5
3/k/tr1 4990/1 1/1 5/95
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
THE PRESS L Y C NIES CITY OF HUNTINGTON BEACH,
a municipal corporation
By: of the State of California
ZdAtten rg, Vice President
By: inami, Asst. Secretary Mayor
ED AND APPROVED: ATTEST:
City Administrat r City Clerk
APPROVED AS TO FORM:
54SCityAttorney
INITIATED AND APPROVED
Director of Public Works
6
3/100 4990/11/15/95
CALIFORNIA ALL-PURPOS&KNOWLEDGMENT • No.5907
State of ag"11,W1.4
County of
On / �/ j before me,
ATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC"
personally appeared iU:Zd_0' �)1//ZLi,BB7G�l
NAM OF SIGNER(S)
Ly'personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) io*fare
subscribed to the within instrument and ac-
knowledged to me that hVs I�d/they executed
the same in hid/h�/their authorized
capacity(ies), and that by hir/their
MAUREENLEHMAN signature(s) on the instrument the person(s),-
/COMM.#1043221 Z or the entity upon behalf of which the
z ° • Notary PLtbllc—California
ORANGE COUNTY person(s) acted, executed the instrument.
My Comm.Expires OCT 26.1998
WITNESS my hand and official seal.
SIGNATURE OF NUTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
1 - FF'iif'1 RHH =:I=e3Ti� f E'=H Ti_I _741c7'�? F'.I=r=
AH► c�. is • �K.� : . w ■aiR aAl�a
�. ..,.,.wrr.,,✓s '3 .. :a. :.� R.sr. �.Y°° S s� o-.lf� .: T'
pwavv
MAI
AND
CONFHRS NO 1Ti UP OM THE CERTISA HOLDERYH18 CERTIFICATE
Roiling Hud I g Hall DOE$NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFOI10ED BY THE
of Southern California Inc. POUCIES BELOW.
$95 Torn Center Drive, Sto 500 COMPANIES AFFORDNGCOVEUGE
Costa Mesa, CA 92626
714-541-4355 TlE MANY
A I-ns. Co. Of The State Of PA
COWAALE"TTER� B .
The Presely CoaIPanios LCOWARY E71" C ngscm - A EISSUED
10 Corporate Plaza
Newport Bosch MY D
CA 02660 COWAWLribi E
se nnx .> :s�•L •�X:.i:'^' .:xr itb;" ':;:\ n -i+ MY •un 3;i
3 '':-Fxi. :.. �.,..;. s.', s» .L:. ..s. r.v ? s S s a
r .: s„n
�. 3:f:�1:'eFKB'�:�76X:�:S4`h:!:i�k1! .:: ':. 'e.riMista�:i�se" �
THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDIT ION OF ANY CONTRACT OR0TTER DOCL 4r.NT WITH RESPECT TO WHICH TkS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY T1E POLICES DCSCAIBCO HEREIN IS SUS.ECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS CIF SUCH POLICIES.LMTS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAA.tS.
L rncolawulA+aoe ►vuaT#iTIIa�+ IMR(uWCO" OATS(www/M LAM
49MMOLLWALiTr SEWW AGMEATE !
A X CQ1*4 CUL KI%RM tIAIRITY 47054171 11/01/95 11/01/26 FslooucTs-crw/OpAW. !
CLAMS MADE a OCCUR, pmwt a AW. IN IUH 1,000,000
OaTN n i CONIRACTOR'S MT. ADD' t FACH OLCURRE Na
C. t!\CI TRf•n r�rn r�r,•—..� ,, I+CMi� FIRE DAMAGE CAwy Ve F+ra) t50,000
AHED. FxP0M ase py !
0006006"LIAeiQT COIIIBINED SIN6tE
9 X AW AUTO MXA00155286 11/01/fi5 11/01/$a OAT I
ALL 004D AUTOS BODILY INJUFf !
sv*D to AUTOS (per WNW
)0*9 AUTOS OMIT tKjjFrf !
ATOP-00HE9 AUTOS
SOAK UARMITY !S TO MR , pAOpEItTY OAtiMO !
axoasaLueam 4 .. 1?UtJ Cl-tj At EACN 0CCWr N9 !
Ll41MLLA FOF#A '' A83AEBATE !
OTI R TIWI IW KLLA FOW r '�
YlGfaO*>D'a OOiPQfaA770N STATUTORY LIMITS i
A14 EACH ACCIDENT !
DISEAST-POLICY tIAAT !
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asaollamaw sx o�L►ilo� aaltTo�s►vsftbl gltal�LL rmws
City of Huntington Beach and Its officer , agents and mpIoyeas, and a I I Pub Iit
agentios as determined by the City are naaed as Additional Insured for all
se>'F>..I.sgs5.3.�x.3r.��>rJ..i.{: �;� 3> S 1�'�:. A�;r^^�.,, s.^^..ve.F,: 4ni.. �-ef•��',Z..r.u
., z, �. ,krLE::Y:i` zs a .>c u {sa+f,ss+ i :;xi �' •+ f• �bs, s<.. � ss�'�fi'o"`�,� v.; t, }f
.+:�iar...:.:>r�.>.i.s.::•:r.::.:a,r......>.Sk.><.... >...>.s.,S�. �N.t.<s.s..f s.�ese.,�s...�st.....u:s.:.......... .. .. ... ... 3.s!�sZs�ns.e..y{%� 1•.o�n... .+�.�re.xl.s.i. �"3..,7" `•, ':.n�Cf.1•S.,x9)�fi!:Y,
' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE tSSLANG CC&PANY WILL
MAL S0 DAYSWRtTTENNOTCETOTHECERTFICATEHOLDERNAMEOTOTHE
City of Huntington Broach .:£ LEFT,
Attn: Dennis Coulter
2000 Main St. ATRI[
Huntington Bosch, CA 9264E N< 710000000
!r.!l:Ss�.;<:R�.dl:f�.: .,'t;^.:c.:m,:Sl :f`M:'..'1�Si:X.:ff'.': :� .s::ro..'i:l:x..rLs� :::^ :.o:::iis.e.;<•..
..L iT•r:r':•">•;;.,.�;''.-f,?�F: 'l ffi; :'a`:f::�'° .,gs;:ilk;.)s::..s;Yfs.,.>S;'s 2il j:2i?S.•:s:�...r. .,�.s. ,.a.r.,.. :'....i.;.e...�i£'i;,.,r,�,,..3%�.?E
DEC-01-1995 15:35 FROM RHH Ci STA F1E'3A Ti i 3741597 P.03
POLICY NUMBER: 47954171 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: City of Huntington Beach and its officers,
agents and employees, and all public
agencies as determined by the City
2000 Main St.
Huntington Beach, CA 92648
(If no entry appears above, information required to complete this endorsement will be
shown-in the Declaration as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of"your
work" for that insured by or for you.
CG 20 10
t
Monument
I have received the Faithful Performance Bond and the-tabur and Mate, ICHS
bond for Final Tract Map No, 14515
on behalf of the Treasurer's Office.
Dated a " ao r-9
B y:
Presley Companies
19 Corporate Plaz4
Newport Beach, CA 92660
F _
BOND N 1k11 3321 6207
PREMIUM $100.00
MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT THE PRESLEY COMPANIES
as Subdivider of Tract No. 14515 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 data
specified in said certificate:
Thatsaid THE PRESLEY COMPANIES
(Subdivider)
as principal,and THE AMERICAN INSURANCE COMPANY
as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such
monuments within or in connection with said tract as are not already set prior to the recording of said Final
Map,in accordance with said map and said certificate up to but not in excess of the sum of FIVE. THOUSAND FIVE HUNDRED
5,500.00*** in which sum we are held and 11"bound to the City of Huntington Beach,all in
accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the
Government Code of the State of California.
IN WITNESS WHEREOF,we have executed this Instrument this 21 s t day of
November tg 95
THE PRESLEY COMP S as Principal
By.
By:
THE AMERICAN INSURANCE COMPANY as Surety
13y: U I ' I
gy VICTORIA M. CAMPBELL
ATTORNEY—IN—FACT
STATE OF.CALIFORNIA )
SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE.PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ON )1104 ZCY BEFORE ME, 4WAe-!gji•► IGyM
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
Ty //yRry»I AND
PERSONALLY KNOWN70 ME(OR PROVED TO ME ON THE BASIS OF SAT1 ACTORY E)ADENCE)
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 D
SIGNATUREJJ Llbbl P PW MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC A AND FOR SAID STATE IN COUNTY
4vjusa' ""o-�
(NAME PRINT '`�'`�AiM—i—AliMl---�PIRES
_ O.Mv
MAUREEN LEHMAN I
COMA 11043221
Notary PLMc—Cdlfomfa
ORANGE COUNTY
Comm. OCT 26.1998
State-•of California •
-Cdunty ;of Orange _ v
On November 21, 1995 before me, K. R. Viodes, Notary.Public
DATE NAME. TITLE OF OFFICER-E.G..'JANE DOE. NOTARY PUBLIC
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
❑ personally known to me - M- ❑ to be the
person(s) whose nameN is/an subscribed to the within
instrument and acknowledged to me that fe/she/4heX
executed the same in NW/her/010 authorized capacity(M),
and that byte/her/titx signature 00.on the instrument the
person(o, or the entity upon behalf of which the personal
�! K. R. VIODES acted, executed the instrument.
COMM. ,;1019554 :�E
NOTARY PUBLIC-CALIFORNIA
{ ORANGE COUNTY o WITNESS7my hand and official seal.
CO'dfv113SION EXPIRES MAY 4. 1998 It
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TM-E(S)
TITLE OR TYPE OF DOCUMENT
❑PARTNER(S) ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
eAT ORNEY THE AMERICAN INSURANCE COMPANY - - -
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha.State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint
---VICTORIA M. CAMPBELL---
IRVT ,
its true an )'aw Attorney(s}ia-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal.acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attor ney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article Vil,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Artlde VII.Appointment and Authority of Resident Secretaries,Attorneys-in-Fact and Agents to accept Legai Process and Matte Appearances.
Section 45.Appointment.The Chairman of the Board of Directors. the President, any Vice-President or any other person authorized by the Board of
Directors.the Chairman of the Board of Directors,the President or any Vice-President may,from time to time.appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident Ambient Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidendng
their appointment.Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1994,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,and its corporate seal to
be hereunto affixed this 1 St day of June . 19 90
THE AMERICAN INSURANCE COMPANY
'•cif a.' BY
v',oe.PtmOrnt
STATE OF CALIFORNIA
u.
COUNTY OF MARIN
On this 1 err day of Tr,na 19 on before me personally rime R. D. Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation _
described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein fast above written.
t�rslMaNNtNNsasMtpsrtseNslRMrrrrr�
_ OFFICIAL SEAL
J. M. VANDEVORT ? V
NOTARY PUBLIC CALIFORNIA NODUTPvwm
Principal Office in Marin County
= Mr CMmmission Expires Aug. 22.1992 Z CERTIFICATE
ltupwussesnuuwMnuuuuassssft�nurnosuns� 1_�: ... - _
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN -'
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBR AS, orporadon.DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furth ore that Article
ta VII,Sections 45 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in fora.
Signed and sealed at the County of Marin.Dated the 21 s t day o f November 19 95
tteadcaASROAMSc cw'
360711-TA-6-90(REV)
• ONO N0.111 3321 6181
PREMIUM$7.740.00
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Coune+l of the City of Huntington Beach,State of California,and
THE PRESLEY COMPANIES
(hereinafter designated as"principal')have entered into an agreement whereby principal agrees to install
and complete designated public improvements,wtdch said agreement,dated
19 .and identified as projed Trac t 14515 is hereby referred to and made a part hereof,and
mprovementS
WHEREAS,said principal is requited under the terms of said agreement to furnish a bond
for the faithful performance of said agreement
Now,therefor,we,the principal and THE AMERICAN INSURANCE COMPANY
as surety,are held and flmtly bound unto the City of Huntington Beach,hereinafter called"City',tt►e penal
sum of EIGHT HUNDRED SIXTY THOUSAND--------- dpy (g 860,000.00** )
lawful money of the United States,for the payment of which sum wsil and truly to be made,we bind
ourselves,our heirs,successors,executors and adrNnisb'ators,jointly and severally,firmly by these
presents.
The condition of this obligation is such that;,the above bounded principal,his or its heirs,
executors,administrators,successors or assigns,shall in all things stand to and abide by,aid well and
truly keep and perform the covenant condition and provisions in the said agreement and any alteration
thereof made as therein provided,on his or their part,to be kept and performed at the time and in the
manner therein specified,and in all respects according to their true intent and meaning,and shall indemnity
and save harmless'City',its officers,agents and wmployeP.s,as therein stpuiated,then this obligation
shall become null and void;otierwise 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 a#tomey's
fees incurred by"City in successfully enforcing such obrgation,ail to be taxed as costs and included in
any judgment rendered.
1
The surety hereby stipulates and agrees that no charge,extension of time,a'teration or
addition to the terms of the agreement or to the work to be perfomtied thereunder or the specifications
accompanying the same shall in anywise affect its obtigatons on this bond,and it does hereby waive
notce of any change,extension of*me,alteration or addition to the terms of the agreement or to the work
or to the specifications.
In witness whereof,this instrument has been duty executed by the principal and surety
above named,on the 21st day of November ,tig 95 _
THE PRESLEY CQ6DIIFS as Principal
By
By
THE AMERICAN INSURANCE COMPANY
as Surety
Byi1yjf::A ik-M-anfkf
By VICTORIA M. CAMPBELL
ATTORNEY—IN—FACT
2
i
4
STATE OF CALIFORNIA )
j ) SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE!NSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
? NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMKISS10N EXPIRES
S T ATE OF CALIFORNIA )
i ) SS
COUNTY OF ORANGE }
-
ON // BEF
old �� ORE ME,
A NOTARY PUBLIC IN AND FOR SAID STAT"c,PERSO LY APPEARED
L �lJ7'1" /NlL�i?/AND -43
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTO DENCE)
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.
WITNES Y D' .
SIGNA lti...�- MY PRINCIPAL PLACE OF BUSINESS IS
LNOTARY PU AICNND FOR 5 '0 STATE IN COUNTY
(NA1AE P INTED) 'MAUR9ffiT l6R i5SION zIRES
COMK#100221
Notary PubNa—Cdlfomla
ORANGE COUNTY ir
Comm. es OCT 26j:
3
State of California __ •
County,of Orange
On November 21, 1995 before me, K. R. Viodes, Notary.Public
DATE NAME. TITLE OF OFFICER.E.G..'JANE DOE,NOTARY PUBLIC
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
0 personally known to me - M- to be the
person(s) whose nameo) is/ems subscribed to the within
instrument and acknowledged to me that ode/she/fix
executed the same in Wher/#W authorized capacity(M),
and that byAxis/her/b=hK signature M on the instrument the
' f - K. R. VIODES personoo, or the entity upon behalf of which the person*
COM.M. i`r1019554 acted, executed the instrument.
o ?
NOTARY PUBLIC•CALIFORNIA
�cr• ;;' ORANGE COUNTY
�I I',7Y COMMISSION EXPIRES MAY 4, 1998 it WITNES my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑PARTNER(S) ❑LIMITED
❑GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S) .
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITY(IES)
• 00 N0. 111 3321 6181
PREMIUM included_inynerformance
LABOR AND MATERIAL BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
THE PRESLEY COMPANIES
(hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said agreement,dated
19 and identified as project Tract 14515 is hereby refenred to and made apart hereof,and
Improvements
WHEREAS,under the ten s of said agreement,principal is required before entering upon
the performance of the work,to file a good and sufl;dent payment bond with the City of Huntington Beach
to secure the claims to which reference is made In'r*15(commencing vim Section 3082)of Part 4 of
Division 3 of Civil Code of the State of California
Now,therefore,said principal and the undersigned as corporate surety,are held firmly
bound unto the City of Huntington Beach and at cordracters,subcontractors,laborers,matertairnen and
other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid
Code of Civil Procedures in the sum of FOUR HUNDRED THIRTY THOUSAND AND NO/100----
dollars($ 430,000.00*********** 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 labor,that -
said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also In
case suit Is brought upon this bcnd,will pay,In addrticn to the face amount thereof,costs and reasonable
expenses and fees,including reasonable attorney's fees,incurred by'City'in successfully enforcing such,
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the
judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any
and all persons,companies and corporations entitled to file claans underT&15(commencing with
Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns .
in any suit brought upon this bond.
Should the condition of this bold be fully performed,then this obligation shall become null
and void,otherwise it shall be and remain in U force and effect
The surety hereby stipulates and agrees that no change,extension of time,alteration or
addition to the terms of said agreement or the specifications accompanying the same shall in any manner
• i
-affect its obligation on this bond,and it does hereby waive notice of any such chap ,extension,alteration_ _
or addition.
In witness whereof,this instrument has been fully executed by the principal and surety
the 2lstda of November 95
above named,on Y .19
THE PRESLE CO ES"
STATE OF CALIFORNIA ) By
) SS
COUNTY OF ORANGE ) THE AMERICAN INSURANCE COMPANY
By.
—I -FACT
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
ON �� a� BEFORE ME, Alalllzae5i,
A NOTARY BLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND i L 9
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTO DENCE)
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 T}iE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS D
SIGN PRINCIPAL IPAL PLACE O�iB SIIVESS IS
NOTARY P BLIC IN AND FOR ID STATE IN COUNTY
AeI��
(NAME PRINTED) M
OrNotary
Pubic—CaifaWo yt
ORANGE COUNTY
Mv Comm.E irss OCT 26.1998
Stake of California •
County'of Orange
On November 21, 1995 before me, K. R. Viodes, Notary.Public
DATE NAME, TITLE OF OFFICER•E.G..'JANE DOE, NOTARY PUBLIC'
personally appeared Victoria M. Campbell ***********
NAME(S) OF SIGNER(S)
0 personally known to me - M- to be the
person(s) whose nameN is/sec subscribed to the within
instrument and acknowledged to me that he/she/ X
executed the same in Wher/#W authorized capacity(M),
and that bytes/her/tfmehc signature M on the instrument the
K. R. VIODES f person04, or the entity upon behalf of which the person
COMM. 1019554 acted, executed the instrument.
NOTARY PUBLIC•CALIFORNIA Q
ORANGE COUNTY N
9! MY COMMISSION EXPIRES MAY 4, 1998 k WITNES my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑INDIVIDUAL
❑CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑PARTNER(S) ❑LIMITED
❑GENERAL
DATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE
NAME OF PERSON(S) OR ENTITYpES)
ATTORNEY THErAMERICAN INSURANCE COMPANY -- ,--
KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of
New Jersey on February 20. 1846.and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha.State of
Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint
---VICTORIA M. CAMPBELL--
IRVINF�
its true an 1'aw Attorney(s}in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,rewgnizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and conitrming all that the said Attorneys)-in-Fact may do in the premises.
This power of attorney is grated pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Article VII.Appointment and Authority of Resident Secretaries,Attorneys-ice-Fad and Agents to accept Legal Process and Mahe Appearances.
Section 45.Appointment. The Chairman of the Board of Directors, the President. any Vice-President or any other person authorised by the Board of
Directors. the Chairman of the Board of Directors,the President or say Vlce•Presideut may,from time to time.appoint Resident Assistant Secretaries and
Attorneys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for ud on behalf of the
Corporation.
Section 46.Authority.The authority of such Resident As•+fnt Secretaries.Attorneys-in-Fact and Agents shall be as proscribed In the instrument evidencing
their appointment.Any such appointment and ail authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE ANIMCAN
INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1994.and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile.
and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF.THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,and its corporate seal to
be hcr►-t^-to affixed this 1 S t day of June . 19 90
. THE AMERICAN INSURANCE COMPANY
BY
Vice Prm4ert
STATE OF CALIFORNIA
ss.
COUNTY OF`IARJN
On this 1ST day of Ter,na 19 On before me personally came R. D. Farnsworth
to me known,who,being by me duly sworn,did depose and say:that he is Via-President of THE AMERICAN INSURANCE COMPANY,the Corporation _
described in and which executed the above instrument;that he knows the seal of said Corporation•that the seal affixed to the said instrument is such corporate
seal:that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
�ssnuusssssswswnunrssesumsstiswwsnwesrrsn■
_ OFFICIAL SEAL
1. M. VANDEVORT
• NOTARY PUBLIC-CALIFORNIA 3 rr«arr Pursue
Principal Office in Marin County
AAy Grnnrissi m Expires Aup. 22.1492 CERTIFICATE
�IIl1HrrNMpUUrNNRaartl�OfNCtNHtrtliNtatatatN�
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked-,and furthermore that Article VII.Sections 45 and 46 of the
By-laws of the Corporation.and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in fora.
Signed and scaled at the County of Marin.Dated the 21 s t day of November 19 95
Readcat AstaULD1,ScaTtary
360111-TA-6-90(itF.Yl