Loading...
HomeMy WebLinkAboutFinal Tract Map15675 Tentative Tract 15675 - Montecito-PLC L S Council/Agency Meeting Held: ` Deferred/Continued to: Approved ❑ ondition I Appro ed ❑ Denied Sg, City� Jerk' ignat r Council Meeting Date: April 16, 2007 Department ID Number: PW 07-017 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENEL PE CUIIBRET� D ,� ITY ADMINIS RATOR A PREPARED BY: OBERT F. BEARDSLEY, ICE, IRE O OF PUBLIC KR S SUBJECT: Approve The Release Of The Guarantee And Warranty Bond For Tract No. 15675 (Peninsula Park) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract 15675 (Peninsula Park) located on the northwest corner of Goldenwest Street and Summit Drive. The Guarantee and Warranty Bond provided by the developer, PLC Land Company, as the security furnished for guarantee and warranty of improvements is eligible for release. Funding Source: No funds required for this action. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. 3SM95819800-A, the security furnished for guarantee and warranty of improvements for Tract 15675 (Peninsula Park); and, 2. Instruct the City Clerk to notify the developer, PLC Land Company, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action. Alternative Action(s): Deny the recommended action. t90 T. UT, Council/Agency Meeting Held: - -d I Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied Clerk's i nature FCouncil Meeting Date: November 19, 2001 Department ID Number: PW N 01-1g O ---- CITY OF HUNTINGTON BEACH o REQUEST FOR COUNCIL ACTION ��, � r MOM"__ -p n� ?�; SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS R` .c = SUBMITTED BY: RAY SILVER, City Administrator WOJ "' C-) PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works (41 SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15675 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: PLC Land Company, the developer of Tract No. 15675, located at the northwest corner of Golden West Street and Summit Drive, has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15675; and, 2. Release PLC Land Company, Faithful Performance/Labor and Material Bond No. 3SM95819800 and Monument Bond No. 3SM95819900 pursuant to California Government Code Section No. 66499.7; and, 3. Accept PLC Land Company, Guarantee and Warranty Bond No. 3SM95819800-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, PLC Land Company, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. REST FOR COUNCIL ACTIO10 MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 01-146 Analysis: On August 16, 1999, the City Council approved Final Map No. 15675 and accepted bonds from PLC Land Company, as the securities furnished for Faithful Performance/Labor & Material and Monuments. The developer, PLC Land Company, has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7. Public improvements constructed consist of the domestic water system and appurtenances, storm drain system and appurtenances, sewer system and appurtenances within the private streets and the park located on the north side of Summit Drive. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. California Government Code Section 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, PLC Land Company, has provided Guarantee and Warranty Bond No. 3SM95819800-A as security. Following is a list of project data: Developer: PLC Land Company, 19 Corporate Plaza, Newport Beach, CA 92660 Engineer: Walden & Associates, 2552 White Road, Suite B, Irvine, CA 92614 Surety Co.: American Motorists Insurance Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833 Location: Northwest corner of Golden West Street and Summit Drive Zone: HSSP-RI3 (Holly Seacliff Specific Plan — Low Density Residential) Environmental Status: This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): NumberCity Clerk's Page 1 Location Map 2 Guarantee and Warranty Bond No. 3SM95819800-A 4 "Notice of Acceptance of Public Improvements" .:0 RCA Author: T. Elliott:jm 01-146 Nov 19 Elliott(Tract 15675) -2- 11/8101 7:30 AM L CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 30, 2001 PLC Land Company Attn: William D. Holman 19 Corporate Plaza Drive Newport Beach, CA 92660 Re: Release of the Faithful Performance/Labor& Material Bond and Monument Bond for Tract No. 15675 --[Acceptance of Public Improvements] Please be advised that on Monday, November 19, 2001 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 15675 and Accepted the Public Improvements— PLC Land Co.— NW Corner of Goldenwest Street and Summit_ Drive_- (Holly-Seacliff Specific Plan) —Accepted Guarantee and Warranty Bond (American Motorists Insurance Co.) (420.60)- 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15675; and 2. Released PLC Land Company, Faithful Performance/Labor and Material Bond No. 3SM95819800 and Monument Bond No. 3SM95819900 pursuant to California Government Code Section No. 66499.7; and 3.Accepted PLC Land Company, Guarantee and Warranty Bond No. 3SM95819800-A, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, PLC Land Company, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and 5.Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements"with the Orange County Recorder. Sincerely, . Connie Brockway, CIVIC City Clerk CB:jh g:/followu p/tract/acceptpu blicimp-noti ce.doc (Telephone:714-536-5227) ATTACHMENT # 1 t ` ' �• a7C4t � • 16 •vI � lam= • I on _ _ . .. PROJECT • unm fa'co' • npnin . - m un � • �. 1 111111 •sunma ppp • SUi sirs DR. i • SITE �labTTM NO. 15675/CUP NO. 98-51/VAR NO. 98-27 . MftffM4+RCM UACH rXMM CCVMM# ATTACHMENT #2 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: April 16, 2007 DEPARTMENT ID NUMBER: PW 07-017 Analysis: On November 19, 2001, the City Council accepted the improvements constructed and dedicated for public use within Tract No, 15675 (Peninsula Park) and accepted Guarantee and Warranty Bond No. 3SM95819800-A; the security for the guarantee and warranty of the improvements. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. California 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, and that the security remain in effect for a period of one year. Public improvements constructed consist of the domestic water system and appurtenances, storm drain system and appurtenances, sewer system and appurtenances within the private streets and the park located on the north side of Summit Drive. Following is a list of project data: Developer: PLC Land Company, 19 Corporate Plaza, Newport Beach, CA 92660 Engineer: Walden & Associates, 2552 White Road, Suite B, Irvine, CA 92614 Surety Co.: American Motorists Insurance Company, 2730 Gateway Oaks Drive, Suite 100, Sacramento, CA 95833 Location: Northwest corner of Goldenwest Street and Summit Drive Zone: HSSP-RL3 (Holly Seacliff Specific Plan — Low Density Residential) Public Works Commission Action: Not required. Environmental Status: This recommended action to release the security is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. I Location Map —Tract 15675 -2- 3/26/2007 4:29 PM ;,"iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 18, 2007 PLC Land Company 19 Corporate Plaza Newport Beach, CA 92660 Re: Release of the Faithful Performance Bond for Tract No. 15675 (Peninsula Park) Please be advised that on Monday, April 16, 2007 the City Council of the City of Huntington Beach took the following action: Approved Release of the Guarantee and Warranty Bond Provided as Security by PLC Land Company, Developer of Peninsula Park Tract 15675 Located on the Northwest Corner of Goldenwest Street and Summit Drive — 1) Release Guarantee and Warranty Bond No. 3SM95819800-A, the security furnished for guarantee and warranty of improvements for Tract 15675 (Peninsula Park); and 2) Instructed the City Clerk to notify the developer, PLC Land Company, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action. Sincerely, Joan L. Flynn City Clerk J F:pe g:ffollowupftracVrelease bonds for tract-letter.doc (Telephone: 714-536-5227) ATTACHMENT 1 E1115 AVEM9 N TRAGT &WST AVENUE A 15G75 Qt CARIIELD AVENUE h 6"IT DRIVE q CLAY AVMX YORKTOWN AVENUE 1 �L LOCATION MAP TRACT 15675 N.T.S. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee and Warranty Bond for Tract No. 15675 Peninsula Park COUNCIL MEETING DATE: April 16, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable E Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable E Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable E Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable E Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Nott Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable E Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable E EXPLANATION FOR MISSING-ATTACHMENTS. REVIEWED RETURNED FORWARDED, Administrative Staff ( ) ( ) Deputy City Administrator (Initial) ) ( PLC ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below Space For City Clerk's Use Only) RCA Author: J. Wagner: cs fiD- i,.� • !T ' Citv of Huntington Beach . P O Box 711 CALIFORNIA 92648 rj TELEPHONE 714 536.5200 FAx 714 374.1603 ^ +� $HART L. FREIDENRICH December 6, 2001 CITY TREASURER CERTIFIED MAIL American Motorists Insurance Company c/o Lou Jones &Associates P.O. Box 41375 Los Angeles, CA 90017 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on November 19, 2001 approved the release of the following bonds: Tract# 15675 Faithful Performance Bond No. 3SM 958 198 00 Labor and Material Bond No. 3SM 958 198 00 Monument Bond No. 3SM 958 199 00 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 Lt enrich, CPA, CCMT City Treasurer Enclosures cc: PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Robert Beardsley,Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) Bond release TR15675.DOC 6\ Recording requested by, — -- - - - and when recorded return to: of Orange � Recorded in Official Records, County , Connie Brockway,City Clerk Gary Granville, Clerk-Recorder Office of the City Clerk IIIIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII NO FEE ,CITY OF HUNTINGTON BEACH 2O010884900 02:39pm 12105101 P.O.Box 190-2000 Main Street !• Huntington Beach,Ca. 92648 1 107 23 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space above this line for Recorder's use only) \,` ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) GYM PLEASE TAKE NOTICE THAT on November 5, 2001, 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.15675. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, storm drain system and appurtenance, sewer system and appurtenances within the private streets, and the park located on the north side of Summit Drive. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest . 11-36 20 d) CONNIE BR 6MAY City Clerk and Ex-officio-Clerk of .City u cil Of the City of Huntington Beach, California By Deputy This document is solely for the official business of the City of Hunting on Beach, as contem- Plated under Government Code CITY OF� TINGTO EACH :Mac. 6103 and should be recorded free oi:charge. _ Tax-Exempt-Government Agency by: City Engineer CITY F HU 1T Pl TON BEACH ey------ - --- ---- - - --=---- �`tY Cle►'k GAEng\Elliott\Bonds\Tract acceptance form 1-..'d-k-, ,j�} '�I4 :�b'" .-,r.iJ +•l: ,. +. _. •-*3 , 4, RECEIVED BY: • CITY CLERK RECEIPT COPY C Return DUPLICATE to OM J,o�e try Jeffrey,Hughes:(ext.6260),...-%,; (Name) after signing/dating„ (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojar), Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. pp Maintenance Bond No. 35M 958� Re: Tract No. I5b15 CC No. MSC No. Approved Agenda Item No. �, (Council Approval Date) City Clerk Vault No. g:/jah/bondletter.doc American Motoristswsurance Company* KemPeR. FIRST TERM PREMIUM FULLY EARNED Bond Number : 3SM 958 198 00-A Premium (One Year): $0.00 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That PLC Land Company as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the state of California hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach in the sum of One Hundred.Twenty Three Thousand Four Hundred and No/100ths DOLLARS ($123,400.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,jointly and severally,firmly by these presents. nt WHEREAS,on the 144" day off,_lgg9the said principal entered into an agreement to the Obligee for Tract 15675-Peninsula Park WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of One Year year(s)from and after the date of completion and acceptance of same. NOW,THEREFORE,If the said Principal for a period of one year(s)from and after the date of completion and acceptance of same by said Obligee,replace any and all defects in said work resulting from defective materials or defective workmanship,then the above obligation to be void;otherwise to remain in full force and effect. SIGNED,SEALED,DATED:October 8,2001 PLC Land Company American Motorists Insurance Company (Principal) (Surety) BY: By: KeAna D.Conrad,Attorney In Fact Gar;, ili���'- , (::� • - o': ELMDIRECT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(323)257-8291 •FAX(323)256-7218 Maintenance Bond-07-11-0l.dot PIC PLC LAND COMPANY California All-Purpose Acknowledgement State of CALIFORNIA ss. County of ORANGE On October 9, 2001 before me, Kissandra Scott, Notary Public, personally appeared Daniel O'Bannon ,personally known to me (er- proved te me en the basis ef +_sf,ter-, evict,nee to be the person whose name is subscribed to the within instrument :...,.... :........ and acknowledged to me that he / she executed the same in ; his:/ her- authorized capacity, and that by ,his I..: / hef signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. KIssANDw►scon _%My Commission#IZ23699 Notary Public-Cdlfo nia Orange County Comm. Jun 7,�003 ,K,;,4 Kissandra Scot , otary Public (This area for official notary seal) Optional - Description of Attached Document Title or Type of Document: Maintenance Bond Bond No. : 35M 958 198 00-A Document Date: Number of Pages: Signer(s) Other Than Named Above: 1:IKscottXis.sandraPLC Notary for ONE.doc •do- -�. ... ; :�►; State of California County of Los.Angeles On A. Melendez Notary Public NAME TITLE OF OFFICER personally appeared KeAna D. Conrad NAME OF SIGNER ®Personally known to me - OR -❑, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their eeeseseesssssss•s•sss.se•sssssssossso signature(s) .on the instrument the person(s), or the A..MELENDEZ o entity upon behalf of which the person(s) acted, R COMM.#1256236 p executed the instrument. S - VOTARY PUBLIC-CALIFORNIA S 2 LOS ANGELES COUNTY 2 "Y°oM " '10 2004 WITNESS my hand and official seal. esse�ssees000sssss000ssosoose000eooso (SIGNATURE O Y) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the.document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT. ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OCT ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ---- -- ----- American Motorists Insurance Company American Manufacturers Mutual Insurance Company SIGNER OTHER THAN NAMED ABOVE Lumbermen Mutual Casualty Company Lou Jones & Associates KLOYFilPOR. r • Home Office: Long Grove. IL 600a9 POWER OF ATTORNEY Know All Men By These Prosents: That the Lumbermens ►rluwal Casualty Company. the American Motorists Insurance Company, and the American Manufacturers Mutua- Insurance Company, corporations organized and existing under the laws of the State of Iilnols, having their principal office in Long Grove. Illinois,(hereinafter collectively referred to as the'Company')do hereby appoint KeMa D.Conrad of Los Angeles, CalifOmia'•••'••'•'•••••••"•' their true and lawful agents)and attomey(s)-in-fact,to make.execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the data specified below,unless sooner revoked for and on its behalf as surety.and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS($1,000,000.00)•'••••««»••"'»»»»•»"'«»•»«.«««.....««..... EXCEPMON: NO AIlTMORITY Is granted b make. execute,&eat and de6w srhy bond or undertnkkV which guarantees the payment or•:- coaeetiort of any prorNssory note.check,draft or letter of crodit. This authority does not pemyt the same obligation lobe split into two or mare bonds in order b bring each such bond within the dollar limit of authority as set forth herein. , This appointment may be revoked at any time by the Company. ' The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fatty and amply :o all intents and purposes.as If the same had been duly executed and acknowledged by thslrmoularlY elected officers at their principal office in -ong Grove.Illinois. THiS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31.2001 fhfs Power of Attorney is executed by authority of resdution&adopted by dw f3kecutivs CoeunMm of the Boards of Directors of the Company xh February 23.ION at Chk W. IAlnofs.true and accurate copies of which am hereinafter set forth and are hereby certified to by the. rndemV*d Secretary as being in fiJlt foroe and effect: VOTED. That the Chairman of the Board. the Presiden4 or any Vlos President, or their appointees designated In writing and filed with he Secretary.or the Secretary shall have the power and authority to appoint agents and atbomeys-In-fact and to authorize them to execuIs on Behalf of the Company,and attach the seal of the Company thereto.bonds and undertaidngs. recognizances, contracts of Nmdermnity and ether writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.' 'his Power of Attorney is signed.sealed and certified by facsimile under and by authority of the fallowing resolution adopted by the Executive :orrunittee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988. VOTED,That the signature of the Chairman of the Board.the President.any Vice President or their appointees designated in writing and filed dth the Secretary.and the signature of the Secretary.the seal of the Company.and certifications by the Secretary.may be affixed by facsimlle n any power of attorney or bond executed pursuant to resohMon adopted by the Exewlve Committee of the Board of Directors on February 23. 9W and any such power so executed,sealed and certified with respell to any bond or undertaking to which It is attached.shall continue to e valid and binding upon the Company-0 1 Testimony Whereof.the Company has caused this instrument to be signed and their corporate seats to be affixed by their authorized officers. is July 7.2000. ttested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual insurance Company r.vM44 6itR4% a"AW �i 1■ w Ali Z AN�tu�t v pC,CZ, ��� ♦s C � � 1 t�l aarwrr� °. )fames, Secretary by J. S. Kemper, III• Exec.Vice President • 'ALAN A, m(ECUTIVE OFFICER`AND CLERK OF THE SUPERIOR COURT O U 1VT'Y O I= ORANGE COUNTY SUPERIOR COURT PROBATE COURT OPERATIONS 1 1 341 THE CITY DRIVE 5 3 P. 0. BOX 14171 R A N G E ORANGE, CA 92613-1571 CLERK OF THE SUPERIOR COURT CR FICATE OF FACT DATE OCTOBER 1, 2001 I ALAN SLATER, ElmCOTIYS OFFICER AND CLERK OF TBE SDPERIQt COURT IN AND FOR THE Cx70 = OF ORANGE, STATE OF CALIFOOM, DO BFREBY CERTIFY THAT I AM TEE OFFICIAL CUSTMIAN C P THE REam OF TEE SUPFRim COOItT, COUNTY OF ORANGE, STATE CHI CALIF(IUM. I DO FURTIRER CERTIFY THAT A OCMPLETE LIST OF ALL INSURERS ADMITTED TO TRANSACT SURETr INSURANCE IN THIS STATE, AS CERTIFIED TO TSIS DEPAFMIENr BY THE INSURANCE COM[+iISSICt ER, IS ON FILE IN THIS OFFICE. AMERICAN MOTORISTS INSURANCE COMPAN) IS Chi THE LIST AS CIE OF THE INSURERS ADMITTED TO TRANSACT SURETY INSURANCE IN THE STATE OF CALIFORNIA. IN WrMESS WH REaF, I HAVE HEREMM SET MY BAND AND AFF= THE SEAL OF TBE SUPFRIC IR CGfJRT OF TBE STATE OF CALL mRm IN AND Fm TSE COUNTY OF C RANGE. ALAN SLATER, EXECUrIVE OFFICER AND CLERK OF:TBE SUPERIOR QODFFT OF THE STATE OF C ALIEXXUM .O IN AND FOR THE COUNTY OF ORANGE LINDA C.WALLACE ATTACHMENT 3 H CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 30, 2001 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract No. 15675 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance.when recorded to.this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures Tract No. 15675—PLC Land Company—n/w corner of Goldenwest St.and Summit Dr. g:lfollowu p/tract/a cceptpublicimp-recorder.doc 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 November 5,2001, 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.15675. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, storm drain system and appurtenance, sewer system and appurtenances within the private streets, and the park located on the north side of Summit Drive. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 11—3o 20 a) City Clerk and Ex-officio Clerk of th City cil Of the City of Huntington Beach, California By Deputy Th'ss cicct anent is solely for the crtic �l bucir3e�s of t.he City .;� Dvs:.C,'1, as COrIt0TT1- r`_.. r` `ice ec.—v re Fment Code CITY OF TINGTO EACH -ti• SIC,, and shou d be recorded it 01'Charge. Tax-Exer;rt-Ge•;e;^rnent Agency by: City Engineer CITY F HU ;T ii,:r-T0N BErACH 'y;....... ..... ....... ................... jj GA ng\Elliott\Bonds\Tract acceptance form • RCA ROUTING SMEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15675 and Accept the Public Improvements COUNCIL MEETING DATE: November 19, 2001 . RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION_.FOR.MISSING ATTACHMENTS' REVIEWED„ RETURNED FORWARDED` Administrative Staff ► ( ) ( ) Assistant City Administra r (Initial) ( ) ( ) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF.ITEM Only)(Below Space For City Clerk's Use RCA Author: T. Elliott:jm ti i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 29, 1999 First American Title Company 114 East Fifth Street Santa Ana, California 92701 Attention: Karen Robertson Escrow Pick Up No. 9825901 — Final Tract Map No. 15675 The City Clerk's Office has prepared Final Tract Map No. 15675 to be recorded. Your office will be picking up this document to be recorded with the County. Please have a copy of the recorded map returned to the Bruce Crosby, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by J Date �� 9 9 1 escropu.doc/tract 15675jc (Telephone:714-536-5227) ,. ... ,, . : � � � � I . � , 1 �MnrdG=:...,.....,..arr,w ':.:;, ,...,.,.�.,s.;ma.,:a.ra r,..q:.,:........ .. .. ,.:.,,., .:,..,..«..{. .. .. . .�.... ,.....:, .. ..............J—.�a.�.ya:nc-z:„y,.,,�..,., ._ .....,.�... _.. ... __. .�.,.,..,•.+.:.yLn7..+:r,..�.,-eMFF..;:an�,...r�o....,.+4�-�wdo111 I I � Y• � , 11 I J � 'ti� rI � ,o i I Si+6 u� 1 � I �k t r...._ CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 15675 (Authorization to Record) DATE: August 30, 1999 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Insurance Co. TITLE OFFICER: Karen Robertson ORDER NO.: 9825901 PHONE NO.: (714) 550-7195 Bruce P. Crosby 35984 ay � TR 15675 auth to record /PSG NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: CO1vw1UNITY DEVELOPMENT Howard Zelefsky TRACT NO. 15C079' PARCEL MAP NO. '--' 441,1414P , PARK AND RECREATION FEES PAID: BYES $ D NO OTHER: for: Howard Zelefsky -p L��- C Planning Director Case, Janelle From: Broeren, Mary Beth Sent: Friday, September 10, 1999 9:50 AM To: Case, Janelle Subject: Release of Final Map15675 Greetings: Per our brief conversation yesterday and in talking w/ Bill Holman, I understand that there is a concern about releasing the final map to the County for recordation b/c the consent to sale is being revised and is not in yet. I think that it is okay to release the map for the following reasons: 1. There is no legal connection between the consent to sale and recordation of the map. In other words, we do not have any condition on the project that says the consent must be recorded before we release the map to the County. 2. In any event, the consent to sale has been approved by the City Council and it is just clean-up to get the revised wording. 3. I received the revised consent from the City Attorney's office on Tuesday (9/7) and gave it to PLC for their signature on Wed (9/8). Thus, we should expect to have it back soon. 4. Bill Holman has been very responsive in the past on addressing these matters and the wording error in the consent was not their mistake. Recordation at the County will take a bit of time. It would be helpful to overall project timing to release the map now, and I do not believe we would be compromising any city requirements or obligations. Let me know if there are questions and what the outcome is. Thanks for considering the above. Mary Beth. l3 - CD n n i e T�7 i� /� `7�7e. a f"-e- JJroJ O . IC kee� ,C; /e (J 9i l �J t_4 9 Council/Agency Meeting Held: �aD.GO rApprov6 red/Continued to: d ❑ Conditionally Approved ❑ Denied E,pUTY C' y erk's Signature Council Meeting Date: August 16, 1999 Department ID Number: PL 99-38 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratoroW PREPARED BY: HOWARD ZELEFSKY, Planning Director/ -- -/z-✓�--- SUBJECT: APPROVE FINAL TRACT MAP NO. 15675 OF TENTATIVE TRACT MAP NO. 15675, WITH BONDS AND AGREEMENTS (MONTECITO) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 15675, located on the northwest corner of the intersection of Goldenwest Street and Summit Drive is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15675 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve the Subdivision Agreement between the City and PLC and authorize execution by the Mayor and City Clerk." Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 15675 and reject the offer of dedication, improvements, and bonds." REQUEST FOR COUNCIL ACTION MEETING DATE: August 16, 1999 DEPARTMENT ID NUMBER: PL 99-38 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC Land Company 23 Corporate.Plaza Drive, Suite 250 Newport Beach, CA 92660 ENGINEER: Walden and Associates 18012 Cowan, Suite 210 Irvine, CA 92614 LOCATION: Northwest corner of the intersection of Goldenwest Street and Summit Drive ZONE: HSSP-RL 3 (Holly-Seacliff Specific Plan — Low Density Residential) GENERAL PLAN: RL (Residential Low Density) NO. OF ACRES: 23.2 acres NO. OF NUMBERED LOTS: 93 NO. OF LETTERED LOTS: 10 NO. OF UNITS: 91 detached single family residential units DATE OF COMPLETE APPLICATION: August 4, 1999 MANDATORY PROCESSING DATE: September 7, 1999 DISCUSSION: On January 12, 1999 the Planning Commission approved Tentative Tract Map No. 15675 to subdivide 23.3 acres into 93 numbered lots and 10 lettered lots for the purposes of developing 91 detached single family residential units. Final Tract Map No. 15675 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement of 1.56 acres for this project through the use of parkland dedication credits in the future Harriett M. Wieder Regional Park. The applicant intends to meet the affordable housing requirement for this project in the Seagate area of the Holly-Seacliff where they have 226 affordable units approved (Cape Ann and Promenade). PL99-38 -2- 07/30/99 8:51 AM REQUEST FOR COUNCIL ACTION MEETING DATE: August 16, 1999 DEPARTMENT ID NUMBER: PL 99-38 The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map No. 15675 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number 1. Findings and Requirements for Acceptance of Final Map 2 Area Map 3. Tentative Tract Map No. 15675 with site plan 4. Tentative Tract Map No. 15675 Findings and Conditions of Approval 5 Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance RCA Author: R. Ramos PL99-38 -3- 07/30/99 8:51 AM _ s 4 x _ , � 2Y l 4t ATTACHMENT NO. 1 FINDINGS AND REOUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 15675 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15675 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM95819800 as presented in Attachment No. 6 b. Labor and Material Bond No. 3SM95819800 as presented in Attachment No. 6 c. Monument Bond No. 3SM95819900 as presented in Attachment No. 6 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 for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted(Attachment No. 5); e. Payment of Park and Recreation In-Lieu Fees. i FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO 15675 (Montecito) FINDINGS FOR APPROVAL-TENTATIVE MAP NO.15675: 1. Tentative Tract Map No.15675 for the subdivision of 23.2 gross acres for the purpose of a 91-unit single family residential subdivision and creation of a public park is consistent with the General Plan Land Use Element designation of Residential Low Density on the subject property and any applicable specific plan, and other applicable provisions of this Code. Single family developments and parks are permitted uses in that land use designation. 2. The site is physically suitable for the type and density of development at 4.98 units per net acre. The site was previously studied for greater intensity of land use(five units per acre) at the time the General Plan land use designation and the Holly- Seacliff Specific Plan zoning were adopted for the property. The size, depth,-- frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. 4. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines, because the proposal is a residential project undertaken pursuant to and in conformity with a specific plan covered under Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. (99CLO112-19) CONDITIONS OF APPROVAL- TENTATIVE MAP NO. 15675: / 1. The tentative map received and dated September 24, 1999 shall be the approved layout. 2. Prior to submittal of the final map for approval by the City Council, the following shall be required: V a. At least.60 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common areas including private streets and landscape areas by the Homeowners' Association. It shall also include the location of the earthquake fault setback lines as well as water quality BMP and education information. The CC&Rs must be in recordable form prior to recordation of the map. b. The project shall comply with the Affordable Housing Plan for the Holly- Seacliff area. Final-inspection(certificate of occupancy) shall not be approved for residential units in the project if the affordable housing requirements for the Holly-Seacliff area are not met at the time that final inspection is requested. 3. The following conditions shall be completed prior.to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Garfield Avenue, Summit Drive, Saddleback Lane and Goldenwest Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct drainage improvements as required by the Department of Public Works to mitigate impact of increase run off due to development or deficient downstream systems. c. The sewer and storm drain systems located within the private streets.shall be private and maintained by the Homeowners Association. d. Drainage from the public park shall be routed under"A" Street into the public storm drain system within the paseo area and not into the private storm drain within"C" Street. e. The park site shall be dedicated to the City of Huntington Beach in"Fee Title" on the final map. (99CL0112-20) . y• •l f. The following shall be dedicated to the City of Huntington Beach on the final map: 1. An easement over the private streets for Police and Fire Department access purposes. 2. A 2-00 foot public utility easement as shown on said map. , 3. The water system and appurtenances as shown on the improvement plans. 4. Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. g. 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. h. 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. i. All improvement securities (Faithful Performance,Labor and Material, and Monument Bonds) and Subdivision Agreement shall be posted with the. Public Works Department and approved as to form by the City Attorney. j. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. k. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. 4. The development shall comply with all applicable mitigation measures in Environmental Impact Report No. 89-1. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the tract map are proposed as a result of the plan check process. The tract map shall not be recorded until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment of the original entitlement reviewed by the Planning Commission may be required pursuant to the HBOC. (99CLA112-21) INFORMATION ON SPECIFIC CODE REOUIREMENTS - TENTATIVE MAP NO. 15675: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) .2. Park and Recreation dedication shall be met or accrued credits assigned, prior to acceptance of the final map by City Council. 3. Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 shall not become effective until the ten day appeal period has elapsed. 4. Tentative Tract Map No. 15675 and Conditional Use Permit No. 98-51 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. 5. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check_shall_he._._____.._ .... made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. (99CLO 112-22) ,y r �_ � � s �� ; _ � � 4 � ( ���-�-#�5" -fit,�-'"-€ '�" ., 16 T �_�!• Of ?AR= r �ass•z MAW-- PROJECT r • 111WAUM r 1111 II • I I III � r r_ ST.MMUT DEL i • SITE ' po Jl TTM NO. 15675/CUP NO. 98-51NA.R NO. 98-27 M , > (AIONTECITO) WJVM4C"K ZtA=fKA.VMCartuum i { I I 1 I I Il l 4 ' l I 1 1l ' TRACT NO. 15675 __--��__,_ -rl� 1 ac_«. ____r.�•_____ac___sr_-__rat__rx____?6�_____==r�_� _ -.-_-___/' ____-- __ IY•_. _ „;`^v= .'f .. _-.�v •, .,A .. :'•.. ;•:� .. .'•) Irf i•�''�� i.,r •I (11• ,1!iV l: I.1.. � _ A. a; a '°nr •�`L1�IIn'II,1ul ..,I.i ',, � �: ,.s:,; .�fl'.'� !�:.i•PAOB�1^;�rv� ..,- t .r I.:... •1" 1t` !I.r)''•j''v' .,r•=. P A 4�� A ( a...n.nr•..... .. :� �� a 1• I. :�•i.•. I . _.,i�•'^ •�tl• ��`: :I.•« i^ �- 1 i ..... gw 1�1 p u-1 C717 (■'�9 j � 'r'n' �a•''• '�:'� I w.w.........a.... 11 L��J'�--, �,i g�Pe.'. �Y.., •��� �;, Y 'It6>7'/CJT19JRrrnon..n g .it '1 '.�,�' -�;<;;• .,r. _`; i! f � �aaa:asar....,....,..•.. a w•. frL"' i. i .. •... .11c-' .: .,`I~ Itf 3: •Aly7ST1d1......�....... • � .. :� � LJ L4J'� 'Q �^` l .. /.` .tty• t•.:', "�i` ..�.., i •9A1T.TS'L9Z1o.�rn PAll •f�•I � g•" � t•• 1.0• .. .a l'1.,,.,.'••'�•'� •� 41r a '�' MASKET ., j ® n[ij '^I'. ,•/,.^••'LY f'' 'ti •. ear%- •A.�..�I. Ion DfiUQFORE •'i ii - j r 1 _ �.. a. , � w • I I� \ Q RK AISA AID/ROMfAfl fAdl ,v --- ;,: � ~- ., �.. It in Leal� $ g g g g• � `; '' .: .. / ` 1�`N`�\ ``, .. \� 4=,• �-g6 i' 'R..� il�-* YILMIP fMP �/.f;�S�L' `�.• ``+,��.i�+�{�\^�� �, W ter. . , �.� ---- __..:�� I 1 �SoM dl I Will 1 , loo ;~ TENTATIVE MAP erg. ••• 1 ••1• _ _ eaawtQ r"' TRACT N0. 15875 +•�_ �•�}[y�g((y�pt,g� 41N1 DDK LR51 SIM21' LalIlI1AKN/ MDf1YLt�YD 1 PLC WID COMPANY J A vA ' AWESOMENESS Me Jill Pw'UP ML L3 t0`"4!� } Tc I s DFW0 CIE Wm— AMC Im-7 4 on '1iftYl.r.ii. RON SITE PIAN !:F1 rf'7r'fl�-SAr �atr,. -a -rawrr� �� `I r>•-s Asa rwra.rs.v n�.���r. � o� � � �° . yam � � � � � � .� Y "� '*� r � a� � ' :,:,5"y��vu axe � w-�e��'aaa a�1'�� <. "'"�. - �' � ��� = �--'s� l .IJ � Huntington Beach Planning Commission P.O. BOX l90 CALIFORNIA 82648 ep January 15, 1999 Bill Holman PLC Land Company 23 Corporate Plaza Drive, Suite 250 Newport Beach, CA 92660 SUBJECT: TENTATIVE TRACT MAP NO. 15675/CONDITIONAL USE PERMIT NO. 98-51NARIANCE NO. 98-27 (Montecito) . PROPERTY OWNER: PLC Land Company, 23 Corporate Plaza Drive, Suite 250,Newport Beach, CA 92660 REQUEST: To permit the subdivision of approximately 23.2 gross acres into 93 numbered lots and 10 lettered lots for purposes of developing 91 detached single family residential units. The conditional use permit also includes a request for gated access. A variance is requested to allow a single-car compact sized garage for Plan Two in addition to a regular sized two-car garage and a turning radius less than the required 25 feet for lots 15 and 41. The request also includes the dedication and improvement of approximately 4.9 acres of public park. LOCATION: Northwest corner of Goldenwest Street and Summit Drive DATE OF ACTION: January 12, 1999 Your application was acted upon by the Planning Commission of the City of Huntington Beach on January 12, 1999, and Yourr request-for_conditional:use pe init:andwariance; were Continued to.the January.26,-1999-meeting'_ Your request for tentative tract map was Conditionally Approved. Attached to this letter are the Findings and Conditions of Approval for this application. (99CL0112-17) \?1 Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,490.00 for all other appeals. In your case,the last day for filing an appeal and paying the filing fee is January 22, 1999. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that this application becomes null and void two(2)years after final approval, unless the tract map is recorded with the Orange County Recorder's Office. If there are any further questions, please contact Ricky Ramos, Assistant Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Co 'ssion by: /��d - Scott Hess, CP Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval (99CL0112-19) NOW �VIN VN IT"!l j SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC A CALIFORNIA GENERAL PARTNERSHIP FOR TRACT NO. 15675 � n This Agreement ("Agreement") is entered into this day of `I U,CS UZ7 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California,hereinafter referred to as "CITY," and PLC, a California general partnership, 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. 15675; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. 1 g/agree/sub-plc/06/08/99 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do, perform and pay for the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include,but not limited to, the construction of streets, including excavation, paving, curbs, -gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 2 g/agree/sub-plc/06/08/99 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work.for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,performing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1) year from and after the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s)by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not 3 g/agree/sub-plc/06/08/99 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY -Upon executing this Agreement, SUBDIVIDER shall,pursuant to California Government Code Section 66499,and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City: A. Faithful Performance: For performance security, in the amount of one million two hundred thirty four thousand dollars ($1,234,000)which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. 4 g/agree/sub-plc/06/08/99 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 5iX l7uv�d���Ev(�Nf�¢rn''L�ouSuuc( B. For Labor and Material: Security in the amount of dollars ($GI1,CZ-cO which is '(1-t`f Y percent (C %) of the estimated cost of the work. Such security is presented in the form of: ash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards, commissions, officials, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and 5 g/agree/sub-plc/06108/99 resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement,but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not.CITY.has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public.liability insurance, including motor vehicle 71 coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties;against any and all claims arising out of.or in connection with this Agreement,and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this project. Said policy shall name City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a`.`deductible"or any other similar form of limitation on the required coverage. 6 g/agree/sub-pic/06/08/99 Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; 4. atld shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in.force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including,but not limited to: engineering, inspection, surveys,contract, overhead, etc.) immediately upon demand. g/agree/sub-plc/06/08/99 SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. .Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees,.and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. SUBDIVIDER: CITY OF HUNTINGTON BEACH, a municipal PLC,a California General Partnership corporation of the State of California By PLC HOLDINGS, a California general partnership, its general partner, MayAr By PACLACO, INC-.,a California - corporation, its g eral partner ATTEST: By print name City Clerk ITS: (circle one)Chairman/Presiden a President AND APPROVED AS TO FORM: By: ' CH 2t5-rotb C'• t 8 s ity Attorney , l I, ame /���'� p, 4 �i'! / ITS: (circle one) ecretar hief Financial Officer/Asst.Secretary �-'vf� �`��— ! ` 7( l � -Treasurer SIGNATURES CONTINUED ON NEXT PAGE SIGNATURES CONTINUED ON NEXT PAGE 8 g/agree/sub-plc/06/08/99 By T/L HUNTINGTON BEACH LIMITED INITIATED AND APPROVED: LIABILITY COMPANY, a Delaware limited liability company, its general partner By BRAMALEA CALIFORNIA, LLC., a City Engineer California limited liability company, By LENNAR HOMES OF CALIFORNIA, INC., a California REVIEWED AND APPROVED: corporat anager By: Ci Administrator print name ITS: (circ U11)Chairman/Preside ice President AND By: ✓���Z C c—q �. print name ITS: (circle one)Secretary/ hief Financial Officer/ sst. Secretary-Treasurer 9 g/agree/sub-plc/06/08/99 \ I � 43t YdF E i /O lit P/16&5 e, If e-7i)A-X- Dom' e w&J ? Or - bonds ha✓� h-e e ry 15i ri eae:_ I have received Faithful Performance Bond No. 3SM 958 198 00, American Motorists Insurance Company. Labor and Material Bond No. 3SM 958 198 00, American Motorists Insurance Company Monument Bond No. 3SM 958 199 00, American Motorists Insurance Company RE: Tract 15675-Approved by Council on 8/16/99 - PLC -City Clerk Vault file 420.60. Dated: 1 o- `1-9 t B �) BOND NO.3SM 958 198 00 PREMIUM_�gTg,Z2_00 JTwa_Yea First Term Premium Fully Earned-Upon Issuance EXECUTED IN DUPLICATE FAITHFUL PERFORMANCE BOND WHEREAS, Use City Council of the City of Huntington Beach. State of California. and PLC Land Company (hereinafter designated as'principal') have entered into an agreement whereby principal agrees to install and complete designated public improvements.which said arreeinent. dated 19 99 • and identified as project 15675 is hereby referred to and made a part hereof, and WHEREAS. said principal Is required under lite terins of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor.we.Ilia principal and American Motor ists Insurance Company as surety. are held and firmly bound unto the City or tiuntinglon Beach, hereinafter called •City',the penal sum of ae' Million Two*-Hundred Thirty Four Thousand & No/18Alars (41,234,000,00 1 lawful money of the United States, for the payment of which sum well and truly to be made.we bind ourselves.our heirs, successors. executors and acbviinlstrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal. his or its heirs. executors. administrators. successors or assigns.shall In all things stand to and abide by. and well and truly keep and perform the covenant condition and provisions to the s9id 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 Indemnify and save harmless 'City'.Its officers. agents and employees. as therein stipulated.then this obligation shall become null•and void;otherwise it shalt be and remain lit 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 expenLes and fees, including reasonable attorney's fees incurred by' City in successfully enforcing such obligation. all to be taxed as costs and included in any judgment rendered. 1 i The surely hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect Its oblioatlons on this bond. and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of Ilia agreement or to the work or to the specifications. in witness whereof. this Instrument has been duly executed by[lie principal and surely above named,on July 19 _ yg 99 ..PLC Land-Company -_- _ _ . as Principal Corporation BY See attached signature block American M ists.Insurance Company as Surety 6y am upper ay me -in-Fact City AttarneY .By )rem � y C*+y Ittorney `S6#G 2 Faithful Performance Bond Bond No. 3SM 958 198 00 PLC, a California general partnership By: PLC Holdings, a California general partnership By: PACLACO, INC., a California corporation, general partner B . Its: ytL6 P(LZ4�Xe a By: Its: y s::...:::.:>::«:.:::::..... ::::.::.>:.»:;.:.::::::::: State of California County of Los Angeles On before me, C. Clarkson, Notary Public, c' L16&9 NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ... and that by his/her/their signature(s) on the instrument the person(s), or the entity upon = _ = behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF RY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) JUL I g 1999 ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE BOND NO.-3SM 958 198 00 PREMIUM Included With Performance LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, Slate of California, and PLC Land Company (hereinafter designated as'Principal') have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 99 . and identified as project, 15675 _ is hereby referred to and made a part hereof. and WHEREAS, under the terms of said agreement.principal is required before entering upon the performance of the work,to file a good and suKcient payment bond with the City of Huntington Beach to secure the clauns to which reference is made in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore.said principal.and the uridersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors.subcontractors.laborers,materiatmen 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 Six Hundred-Seventeen Thousand and No/100ths dollars(S _61.7,000.00 ), for materials furnished or labor there6n of any kind. or for amounts due under the Unem&yment 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 sixo in case suit is brought upon this bond.will pay.in addition to the face amount thereof,costs and reasonable expenses and fees.including reasonable attorney's fees,incurred by'City in successfully enforcing such obligation.to be awarded and faced by the court.and to be taxed as costs and to be included in the judgment therein rendered. it is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code.so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void. otherwise it shall be and remain in full force and effect. The surely hereby stipulates and agrees that no change, extension of time. alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 affect its obligation on this bond, and it does hereby waive notice of any such change,extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named,on July _19 . 19_ 99 PLC Land Company as Principal By: See attached signature block By: AmerAan Motorists Insurance Company as Surety 8y: am J. Shupper By: torne -in-Fact AS TO FOR 14:1 STATE OF CALIFORNIA ) G.0 1'10?. C'�ty Attcrn Q•- ) SS By: De1;1 ly City i ttornsyvJ COUNTY OF ORANGE ) i. 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 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 soeo (NAME PRINTED) MY COMMISSION EXPIRES 2 Labor and Material Bond Bond No. 3SM 958 198 00 PLC, a California general partnership By: PLC Holdings, a California general partnership By: PACLACO, INC., a California corporation, general partner B Its: Vkc.'c y46'>1DaLw By: Its: Y State of California County of Los Angeles On _ - - ```� before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the -`` - - - instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the - instrument. WITNESS 7/'Aay-� hand and official seal. ( NATU E OF NO ARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR JI: ` , quo ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) --------------- American Motorists Insurance Comoanv SIGNER OTHER THAN NAMED ABOVE IVEM ER. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, Califomia their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company i�tval +a rd MA.4%tLP _A+ts Iy+O u.twMaa S J /I s i I I A l coamos v 9 v Robert P.Harries,Secretary by J.S.Kemper,III, Exec.Vice President BOND NO.3SM 958 199 00 PREMIUM 110.00 TwY ear's First Term Premium Fully Earned Upon Issuance MONUMENT BOND EXECUTED IN DUPLICATE KNOW ALL MEN BY THESE PRESENTS: THAT PLC Land Company as Subdivider of Tract No.15675 in the City of Huntington Beach, County of Orange. State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said = - PLC Larid"Cbuip ny_ .. (Subdivider) as principal, and American Motorists Insurance Company as surety.hereby guarantee to the City of Huntington Beach the payment of the cost of setting an 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 riot In excess of the sum of Seventeen_Thousand H Five undred Only_ s 17,5.00.00. ,in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9.Chapter 4 of the Government Code of the State of CaGfornla. IN WITNESS WHEREOF.we have executed this instrument this-19 th day of July-- 19 99 -PLC Land_Company as Principal B . ':see attached signature block" By: Amer an otorists Insurance Company as Surety By: B t r ey-in-Fact 4 V^r; +.v attorney. .:.:.:.::...::...........:: State of California County of Los Angeles On _ -�`�� before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), zCrnfl.•nn30009'��'Dfl`J9:j,89 and that by his/her/their signature(s) on the `� Ci ARItSC�P instrument the person(s), or the entity upon Lv NOTARY°U9LIC-CALIFOHNfq $ behalf of which the person(s) acted, executed the LOS ANGELES COUNTY .3 a ncs.• �nrnrr �Ypi�o;Sept.5,2OOt o instrument. WJTNESS 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 Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California'""' their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings.'*'"""'"'"*"" EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove,Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company �wd� Mtt �w.yam imp IIAI ava�no�P Robert P.Harries,Secretary by J.S.Kemper,III,Exec.Vice President Monument Bond Bond No. 3SM 958 199 00 PLC, a California general partnership By: PLC Holdings, a California general partnership By: PACLACO, INC., a California corporation, general partner B . Its: k--A C/4e By: Its: Irr" sz� SER1' BY 6- 9-99 : 3�P1! GALLAGHER HEFFERNAN 943 729 1214;# 2/ 5 � OM. CERTIFICATE OF LIABILITY INSURANCE 13 06/(09ID /9 PRODUCER � THIS CFI ISSUED UPON INFORMATION Gallagher Heffernan Insurance ONLY AND CONFERS NO RIGHTS THE CERTIFICATE �� Brokers, Inc . - CA Lic . #0726293 aulf f_,/C� HOLDER. THIS COVERA CERTIFICATE A FORD DOES BNO AMEND, EXTEND OR ES BELOW. One Market Spear Twr Ste 200 '/ San Francisco, CA 94105 0, te, D INSURERS AFFORDING COVERAGE INSURED "l'I�rOV INsuaeR A:Cal ibe , -One PLC II _ 11-0 1 INSunER B:RLI Insurance Company 23 Corporate Plaza, Suite 250 - ----- INsunen Newport Beach, CA 92660 INSURERD: //1 - INSURER E: COVERAGES THE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIIE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWIIHSIANUING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 0711ER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY NLHIAIN, -IHE INSUIIANCE AFFORDED BY IRE I'OLK:ItS UtSCHU31:1) HLHtIN I$ SUt3JtC1 10 ALL IHL rEHMS.EXCLUSIONS AND CONDITIONSOFSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE REF-N REDUCED BY PAID CLAIMS. INSR TYPE POLICYNUMBER POLICYEFFECTIV9 POLICYE)(PIHATIOLTR Ii� LIMITS A GENERALLIABILIT* .CG0000108501 . ' 05/08/99 05/08/00 EACH OCCURRENCE $1, 000-, 000 X COMMERCIAL GENERAL L IADILITY FIRE DAMAGE(Anyone fire) $50, 000 CLAIMS MADEI X I OCCUR - MED EXP(Any one person) $ _ 'X I$10, 000 Ded. PERSONAL&AOV1NJURY s1,.000, 000 'The 11mlts of Ilablllty shown real t the Amlts at i pdon. AGGREGATE — $2 PEN ArthurJ. Gallagher Otassumeanyre ponsibility [43ENERAL PRODUCTS-(:OMPIOPAGO $1, 000, 000 PaLlcr JEC LDc for notification in the event of de lotion of the aggr ate. AUTOMOBILE LIABILITY ! COMBINEDSINGLE LIMIT '$ ANY AUTO (Ea accident) ALL OWNED AUTOS +{J 1160OILY INJURY a SCHEDULED AUTOS fer parson) HIRED AUTOS I I BODILY INJURY �$ • NON OWNED AUTOS (Per accident) - PROPERTY DAMAGE I$ (Per accident) GARAGE LIABILITY* AU'fOONLY-EAACCIDENT $ ANY AUTO I + EA ACC $ OTHER THAN __.___..... l AUTO ONLY: AGO S B EXCE99 LIABILITY* OUL0031633 05/08/99 05/08/00 EACH OCCURRENCE $9, 000, 000 . X OCCUR i I CLAIMS MADE AGGREGATE 159, 000, 000 SIR .I`_s1 o.,-000 _ f DEDUCTIBLE , APPROVED AS TO FORMS IS RETENTION $ I GAIL HUT TON !! , $ WORKERS COMPENSATION AND OTIY i,`I'IQRNi.y CSTATU- aTli_ EMPLOYERS LIABILITY TORY LIMLIS___ I i E.L.IFACHACCIDENT E.L.DISEASf:-EAEMPLOYE S E.L_DI, EASE-POLICYLIMI $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder named as additional insured per form CG2010 attached. CERTIFICATE HOLDEii •" ADD ONAUNSUMD-INSUFIERLBTTERt CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POUCIESSE CANCELLED BEFORE THE EWMTION City Of Huntington Beach Its DATE THEREOF,THE ISSUING INSURER WILL V111111111111111111MUMMAIL.3n DAYSWRriTEN Agents,Officers & Employees , NOTICE TO THEGeRnFICATE HOLDER NAMED TO THE LEFr 2000 Main Street Huntington Beach, CA 92648 ATTN• Chris Mendoza AUTHORIZED R PRESENTATIVE ACORD 26-S(W97)1 of 2 ##S 15 0 4 9/M15 0 2 8 - CAD a ACORD CORPORATION 1988 lite "�;c �.,. _ .. .v -•iN:i �.+.�'_?M(lYy�-dCo'NrV'..t_.Va .-s4+a d. :*.ts xi�:' '`a ,S't'14't.. .:.f- .-..a.,� lg9q AL --b A 25 Cs_ SENT BY: 6- 9-99 : 3:35PM GALLAGHER HEFFERNAN- 943 729 1214:# 4/ 5 i ram., �OLIC .�tJMBER: COMMERCIAL GENERAL LIABILITY ''" ° c�0000los5ol THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This enoorserrient modifies insurance provided under tre following* COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents, Officers & Employees 2000 Main Street Huntington Beach, CA 92648 ATTN: Chris Mendoza (it no entry appears above. information re( uirea to comotete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section It) 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 1185 Copyright. Insurance Services Office. Inc.. 1984 v}! it 0�-... Aw _j S SENT BY: 6- 9-99 3:35PM GALLAGHER HEFFERNAN-i 249 729 12144 3/ 5 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(iss) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder In lieu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend; eidend or alter the coverage afforded by the policies listed thereon. I i II ACORD25-S(?te7)2 Of 2 #S15049/1415048 199JUL -b A Oj2S RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 15675 COUNCIL MEETING DATE: August 16, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached ..._ .... . EXPLANATION FOR MISSING ATTACHMENTS= REVfEWED RETURNED.;:_ FORWARDED` --- Administrative Staff Sr,49g=j-v ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use 10. , CITY OF . HUNTINGTON BEACH 2000 MAIN STREET CALIFORNVA 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 HUNTIN GTON BEACH DATE: 196,7'�Q b-/V I /9 9 TO: A4 ATTENTION: NaLne DEPARTMENT: / stye t Q,6L �(o(o O REGARDING: /6 !o 7T ity,Stat ,Zip �' [Bair, �1`" See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: Q YI10�5 Q hni N Dep ent RCA Agreement Insurance Other &lel5z �y Na epartment RCA Agreement Insurance� Wthe�r Other Yp�t.Sure�. s Name Department RCA Agreement Insurance Nam Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr (Telephone:714-536-5227)