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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 r,:u InvcRGARFIELD Ici I I I lill I ILS, Y ¢ CORE DR. ~ ogo I 1 0 r Uf CK 2 N ; BA55 DR � K U) u Y I �L TCNFIELD DR. � N IT AT q W C 1 DR. VELARDO DR. w Ii xvoc `N q o I I 1 Iwlw 0. C F C D. - P•W 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. ! 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 T 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 LID Lr IF l _ (S ' 81 R I-FP2 I ---'�--- -- RNEPP OR. J fIdRIDER —_.—_ DR.�. � .eAa{.EU OR R i 1 R I-FP2 RI FP2 fuw v a AI: acV1NEY OR P A oR I� I HALAwe DR. �? R I-FP2-- a a RI-FP2 MH-F u RI RI RI RI RI RI MH -- _ a a BLANEC _ SAILFISH DR _I LL coo+ ce HR RIcr a. (L a a a[ _ RI-FP2 J LL CF-E-FP2 a =TARPON V- ._._ —_ ' I I:.,-w i:.l U- Mao IA00��—...._� ¢ ( ' RI-FP2 RI RI RI RI R; � I / W u GRAND ' oR. ; j G PI rAle I i T .. 4 .0-1 I CHRIS' ce 's R I R I-FP2 3 �' ReK TORRTONN = RI — - '- --- '-1 SL_ RI RI-FP2 a , RI-FP2 ry GREENWICH OR. J Ili.:Ili " �aceK. ce FDRRLSTAi OR. 4. MOf1170R RI RI• RI RI + r21 l r?f RI RI-FP2 it F L__-1- ` PORTSMOUTH DR. .;c.,— ._—�—'_ , ..� Y FORGE 1 A RI I =� Ix CF-E L RI RI-FP2 cv �I NAN7UCeET OR r 7-7- p'm ce '~ RIMIK n' d IRlI!7H'Y;i!SCIM!ia.l : o: 1 L R 1 RI CF-R :� IRII� 6[ RI R 1-FP2 GF-E-FP2 �• ccta,-,me a.. O m NYANNIS PORT OR. _eediro._�_ oe O CONSTITUTION Da,cr a RI m I � RI FP2- JRI RI - RI g , u cF�c y ' •cevc coo oa, _ _ (_....,. ....._. RZ.o }_ RI-FP2 RI-FP2 IWoM - DR. It�D) L-K'i:— —'-- I R)FI q] I R] IrR!!Iq']I R] oR. RI FP2 a L JI l J GROTON'10A a� V = S RI-FP2 . ......_,_ k4UM7ANIA Cn. R2 •...;+1� R2-FP2' T p'3 R2-FP2 e •• lT� e"I a R I-FP2 .TITS+ODD DR f Ran'u-aF(P Z. aR'.J'.'.-"F,P.:2 . oaoNlA'hr'. CR. H_m: ro_02_ RI ] I R]RI RI N c1j LL lLv -FP2 PR] C2 2 _ Q 2 W — If• d z P2 R]-FFPv2R3 F 2 cP:r` a R R] RJ-FP2a .o n a • J SPA 94-2/TTM 14515(R) at HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION 1� ATTACHMENT 2 1:� n u � T' 4-�-�ul �I-• -n bs:�•'�_,_ ,I I I:1 �;� �i I I�i 11 II T•�;?I' h���}U II��;1I ,al 18 H 1•I 11' � 1,rr 11 11:.Lql V '1 II V II�`11 �ie~ia"-iee� 11�fi1•I ` Ilq�i� � ��' -�'e.d���.. I I r\ II �I I,jl`��' >.aa ra.v.m \ �1��:�I LNa r,•m \"� I V.I I� �1:1 I I� ► 'L•m'o I ---rQ-- r...-r..- - ____ --�:Y--.=-_-=---- ___=__-___-_i_ ----____- - xp�i _ x i ' _x_i i : T�__:______ �_ _ _ ��_j__-_n_-N__+-_ _ _ _____ -__ _ __ = -_ __ _ MAIL 11169CRIPTRIN _ _r• ��•.:mC.aNn.� �aA v Ar�Nwm - I; Tr cam CXDI Fj ciimD ��fl �1 I ®IMID cy � � d' I �]I> / �noao mvc , 1 ® sd�;-e,_,-r•.'.-aw-:� � ® CM V. I/fm LN c CEO ® / p' p I +:w jam�-anAe 1 .�/ �/ j C.) A ® I I i \/ ,....:•.• I I \ \� ® ( WrATEWBEF OF OWNEFA i I 1'r �w�p��m-'s.rs'r•. -- �:-� •• ,._....... _ --� 4 _�- m - .. --•I ---- --- it -01 1-- NCNTr— -1 I scA\E IW c�'G.�t �yq ��y��•. , f.naV GATE '�i..--J _-�1TBlBt}f IJ1Y6� ONOSS..A OM Ac • I --- Sr..n �I wo A� �� lai m.ss uL. CONIOW NI ERVA\� , I �� 1I�+C ---' �rLT'-� 1 T� ( Y r•ee Tom'OTS s• - r— �.- -..�___.___1 I i 1 - , _ ' .•[ i.-__ --� _ PREPARED FOR PREPARED ST. aE�fm A♦ c STE nMT ; ; d, TENTATIVE TRACT MAP No. 14515 l----------- ,_-_(laYAVM,R9T urls ATTACHMENT 3 • 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 ! LIIls.e Ya1wa'LliAf1LTTT GI'�SF-FACiI ! eTHOI 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