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HomeMy WebLinkAboutFinal Tract Map 15343 of Tentative Tract 15343-HB Hamptons P Vev City of Huntington Beach • P O Box 711 CALIFORNIA 92648 > = i TELEPHONE 714 536.5200 Fax 714 374.1603 SHARI 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# 15343 Faithful Performance Bond No. 3SM 956 965 00 Labor and Material Bond No. 3SM 956 965 00 Monument Bond No. 3SM 956 966 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 L. reidenrich, CPA, CCMT City Treasurer Enclosures cc: HB Hamptons Partners, L.P. New Urban West, Inc. 5668 Ocean Terrace Dr. Huntington Beach, CA 92648 Robert Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) Bond release TRI5343.DOC AMERicAN MOTO!&TS INSURANCE COMPAN* FIRST TERM PREMIUM IS FULLY EARNED Bond No.3SM 956 965 00 M Premium Included MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, that HB Hamptons Partners, L.P. & New Urban West, Inc., 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 Twenty Two Thousand Five Hundred and no/100 Dollars ($22,500.00), 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. 1 9°tg WHEREAS, on the/0_uay of_'j2'-1', he said principal entered into an agreement with the Obligee for Tract 15343, Public Improvements WHEREAS, under the terms of the specifications 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(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: August 27,2001 HB HAMPTONS PARTNERS,L.P.& NEW URBAN WEST, INC. AMERICAN MOTORISTS INSURANCE COMPANY (Principal) (Surety) . By: By: Pa__9��_ J L/ Patricia H. Brebner, Attorney-in-Fact ,01_� DIRECT ALL CORRESPONDENCE TO: LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(323)257-8291 •FAX(323)256-7218 CALIFORNIA ALL-PURPOSE ACOWLEDGMENT • No.5907 State of Califomia County of Orange On August 27, 2001 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(S)OF SIGNER(S) ® 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. ALExIS H. BRYAN WITNESS my hand and official seal. �! + Commission#1306738 iNotary Public-California Z z-- a ' Orange County SIGNATME O OTARY MY Comm.Expires Jun 1,2005 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) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR EN nTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE-ACKNOWLEDGMENT- . I State of California _ 1.0 ► �,�I� � County of S ss. I - UI'• On before;me, Date NawrV Title oofficer(e.g.&:Nff ry P ic' personally appeared `� , Nanne(s) Signer(s) C�ersonally known to me /0 proved to me on the basis of satisfactory evidence to be the person(, whose name(4 is/are-- subscribed to the within instrument and PATRICIA TARTADIAN acknowledged to me that he/shefthey-executed Commission#12&-iM the same in his/hert"Te r- authorized -s Notary Public-California capacity(ia&)—, and that by his/he4t4@4r- Los Angeles County signature(g on the instrument the person(aT,, or My Comm.FVres Feb 10,2004 the entity upon behalf of which the person(s' IV acted, executed the instrument. WITNESS my hand and official seal. Place Notary seal Above ature ot6ry Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Type f'IwWaoceTitle or T e of Document: f/ Document Date:- �{' L14�}Q��V�Cg Number of Pages:. I: J�,,,,I� r� , Signer(s) Other Than Named Above: -��;f�L�j (lit t�i��l2 44�rAq- )IIH:oil � � l Capacity(ies) Claimed by Signer Signer's Name:g P 1�1 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): S I ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator i Other: Signer Is Representing: ✓1 SA L• New UP 6A Vle f ®1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313.2402-www.nationalnotary.org Prod.No.5907 Reorder Call Tall-Free 1-800-876-6827 - Ko 7T r- P.R. Insurance Companiers- Commercial Lines Group AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Jane Kepner, Jeri Apodaca, Nanette Mariella-Myers, Rhonda C. Abel, Linda Enright, Patricia. H. Brebner, Patricia M. White its true and lawful agent(s) and attomey(s)-in-fact,.to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and deed: Name of Principal: HB Hamptons Partners, L.P. & New Urban West, Inc. Bond No.: 3SM 956 965 00 M Penal Sum: $ 22,500.00 Name of Obligee: City of Huntington Beach Description: Warranty, Tract 15343 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, neck, 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 sef forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 2001. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said Amencan Motorists insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in . writing and filed with the Secretary or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of tha Compan , and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity an otherwritings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duty 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 wrin and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by theZecretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 26th day of July , 19 93. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY S. Kemper, III Exec J. S , Vice President Robert P. Hames, Secretary NO-i t=: ANY ERASURES OR WHITE OUT WILL VOID THIS POWER OF ATTORNEY. ALAN SLATER, EYDCUT VE OFFICER AND CLERIC OF THE SUPERIOR COURT ` O U N TY O Ii= ORANGE COUNTY SUPERIOR COURT z PROBATE COURT TIONS 1 341THE CITY DRIVE 171 S RAN G E ORANGE, CA0. BOX 1492613-1571 CLERK OF THE SUPERIOR COURT rx" OF FACT DATE OCTOBER 1, 2001 I ALAN SLATER, mmcu 'IYE OFFICER AND aim OF TSE SapFRICAt COURT IN AND Fm THE COUNTY OF CB2A=, STATE OF CALIFCM IA, DO HEREBY CMXTIFS THAT I AM TEE OFFICIAL Ct]STIODIAN OF THE RHODRD OF THE SUPERIOR CCURT, COUNTY OF CRANCZ, SPATE OF CALIFORNIA. I DO FMWlER CMU7FY THAT A COMPLETE LIST OF ALL INSURERS AD[+IIT= TO TRANSACT SURETY INSURANCE- IN THIS STATE, AS CERTIFIED TO THIS DEPARTMENT BY THE INSURANCE CCtMSSIONER, IS ON FILE IN THIS OFFICE. AMERICAN MOTORISTS INSURANCE COMPANI IS ON THE LIST AS C HE OF THEnisURERS ADMIT= TO TRANSACT SURETY INSURANCE IN THE STATE OF CALIFORNIA. IN WrIINESS wmm", I HAVE HEREUNTO SET MY HAND AND AFFn= THE SEAL OF THE SUPERIOR COURT OF THE STATE OF CALIEUeM IN AND FOR THE COUNTY OF ORANGE:. ALAN SLATER, ExEcurIVE OFFICER AND CLERK OF THE SUPE4 M CO= OF TM STATE OF CALIF mM IN AND FOR THE COUNTY OF ORANGE r LINDA C.WALLACE ATTACHMENT 3 Recording requested by, and when recorded return to: Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder i Connie Brockway,City Clerk 1111'1111111111111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE Office of the City Clerk CITY OF HUNTINGTON BEACH 2001088490102:39pm 12105101 P.O.Box 190—2000 Main Street 107 23 A04 1 Huntington Beach,Ca. 92648 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 1 (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on October 30, 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. 15343. Public improvements constructed consist of the domestic water system and appurtenances within the private street within the dedicated easements, and the curb, gutter,paving and sidewalk within Garfield Avenue. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 2661 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 30 200_ CnNNIE BROCKWAY City Clerk and Ex-officio Clerk o"V��eputy of Huntington Beach, California By This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code CITY OF H INGTON H Sec. 6103 and should be recorded free of charge. Tax-Exempt-Government Agency Z4 CITYYFHUI GT BEACH by: City Engineer ty Clerk GAEng\Elliott\Bonds\Tract acceptance form .m " i, r..a} yin v C 4`6L .. - �_ •.. ._",e ". ' _.e - _ ... .* .d-'�k4 a .'��-, c.. - - . E RECEIVED BY: !,,CITY CLERK RECEIPT COPY Return DUPLICATE to ' e , yl,.; S�d�d P.. Jeffrey Hughes(ext.6260) (Name) after signing/dating .(Date). ~ CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO:. Shari,Freidenrich, City.Treasurer ATTN: Jim`Slobojan, Deputy City Treasurer r FROM: _ � S DATE: SUBJECT: Bond Acceptance i . . r I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. i Monument Bond No. Maintenance Bond No. 35M 9�b �5b (OM I Re: Tract No. �S 34"3 CC No. �. MSC No: Approved 1-���) 'Agenda Item No. E 6 I (Council Approval Date) c City Clerk Vault No: 151 k ' I , r g:/jah/bondlefter.doc PIPW E1 V Council/Agency Meeting Held: _� 3p0V*' Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied t�jz_3. d y Clettfi Signature CJr n I Meeting Date: November 19, 2001 Department ID Number: PW 01-145 o -� CITY OF HUNTINGTON BEACH o REQUEST FOR COUNCIL ACTION CD SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratoro4a D PREPARED BY: PROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15343 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: HB Hamptons Partners, L.P. and New Urban West, Inc., the developers of Tract No. 15343, which is located at the northeast corner of Edwards Street and Garfield Avenue, have completed all required public improvement and are 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. 15343; and, 2. Release HB Hamptons Partners, L.P. and New Urban West, Inc., Faithful Performance/Labor and Material Bond No. 3SM 956 965 00 and Monument Bond No. 3SM 956 966 00 pursuant to California Government Code Section No. 66499.7; and, 3. Accept HB Hamptons Partners, L.P. and New Urban West, Inc., Guarantee and Warranty Bond No. 3SM95696500M, 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 developers, HB Hamptons Partners, L.P. and New Urban West, Inc., of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. QUEST FOR COUNCIL ACTT MEETING DATE: November 19, 2001 DEPARTMENT ID NUMBER: PW 01-145 Analysis: On September 20, 1999, the City Council approved Final Map No. 15343 and accepted Bonds from HB Hamptons Partners, L.P. and New Urban West, Inc., the securities furnished for Faithful Performance/Labor & Material and Monuments. The developer, HB Hamptons Partners, L.P. and New Urban West, Inc., has completed all required public improvements and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7. Public improvements constructed consist of the domestic water system and appurtenances within the private street and the curb, gutter, paving and sidewalk within Garfield Avenue. 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 developers, HB Hamptons Partners, L.P. and New Urban West, Inc., have provided Guarantee and Warranty Bond No. 3SM 956 965 00 M as security. Following is a list of project data: Developer: HB Hamptons Partners, L.P. and New Urban West, Inc., 520 Broadway, Suite 100, Santa Monica, CA 90401 Engineer: Hunsaker and Associates, Three Hughes, Irvine, CA 92618 Surety Co.: American Motorists Insurance Company, 2730 Gateway Oaks Drive,- Suite 100, Sacramento, CA 95833 Location: Northeast corner of Edwards Street and Garfield Avenue Zone: Specific Plan 7 (Ellis — Goldenwest Specific Plan) Environmental Status: This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 3SM 956 965 00 M 4 1 "Notice of Acceptance of Public Improvements" RCA Author: T. Elliott:jm 01-145 Nov 19 Elliott(Tract 15343) -2- 11/8/01 7:32 AM •,, CITY OF HUNTINGT. BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 30, 2001 HB Hamptons Partners, L.P. New Urban West; Inc. 520 Broadway, Suite 100 Santa Monica, CA 90401 Re: Release of the Faithful Performance/Labor& Material Bond and Monument Bond for Tract No. 15343 --[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. 15343 and Accepted the Public Improvements— HB Hamptons Partners/New Urban West, Inc. —Accepted Guarantee and Warranty Bond (American Motorists Insurance Co.) —NE Corner of Edwards Street and Garfield Avenue—(Ellis-Goldenwest Specific Plan) (420.60)— 1. Accepted the improvements constructed and dedicated for public use with Tract No.15343; and 2. Released HB Hamptons Partners, L.P. and New Urban West, Inc., Faithful Performance/ Labor and Material Bond No. 3SM 956 965 00 and Monument Bond No.3SM 956 966 00 pursuant to California Government Code Section No. 66499.7; and 3.Accepted HB Hamptons Partners, L.P. and New Urban West, Inc., Guarantee and Warranty Bond No. 3SM 956 965 500-M, 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 developers, HB Hamptons Partners, L.P. and New Urban West, Inc., of this action, and.the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements"with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:/followup/tract/a cceptpublicimp-noti ce.doc (Telephone:714-536-5227) ATTACHMENT 1 •� i PROJECT SITE L r AW0O J J.1. + r rya r 1_ �'21.1m Mew • r • • ARFIEL 0. W 3 v VICIMTY MAP TENTATIVE TRACT MAP NO. 15343/CONDITIONAL USE PERMIT NO. 98-64NARIANCE NO. 98-19 THE CITY OF HUNTINGTON BEACH ATTACHMENT 2 LCITY OF HUNTINGTON BEACH V" 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. 15343 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. Owe Connie Brockway, CIVIC City Clerk Enclosures Tract No. 15343—HB Hamptons Partners, L.P.&New Urban West, Inc.—We comer of Edwards St.&Garfield Ave. g:/fol lowup/tract/acceptpu blicimp-recorde r.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 October 30, 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. 15343. Public improvements constructed consist of the domestic water system and appurtenances within the private street within the dedicated easements, and the curb, gutter,paving and sidewalk within Garfield Avenue. 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 11-30 2001 CC)NNIE BROCKWAY City Clerk and Ex-officio Clerk o tli Ci un Of the City of Huntington Beach, California By eputy This document is solely for the official business of the City of hluntington .-Ceach, as contefYt- p!eted urt4sr Cover nment Code. Sec. 6103 and shoWd be recorded CITY OF H INGTON H free of charge. 1,4 Tax-Exempt-Government Agency CITY F HUI, I -1GT I BEACH by: City Engineer By:----- elu -- .................. C ty C,erlc GAEng\Elliott\Bonds\Tract acceptance form RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15343 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 Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) n EXPLANATION FOR RETURN OF-ITEM l (Below Space For City Clerk's Use Only) RCA Author: T. Elliott:jm `- . • • �la�_ _ �rnvs Q Trea,sareR.- tUonrvs Council/Agency Meeting Held: 5/afl.199 ya o. o Deferred/Continued to: \ 10 Ap rov� ❑ Conditionally Approved ❑ Denied ��P~�'7'City Clerk's Signature Council Meeting Date: September 20, 1999 Department ID Number: PL 99-58 CITY OF HUNTINGTON BEACH _ REQUEST FOR COUNCIL ACTION e 0 --1 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS — --1-<ti CO ...._, SUBMITTED BY: RAY SILVER, City Administrator 070d PREPARED BY: HOWARD ZELEFSKY, Planning Director SUBJECT: APPROVE FINAL TRACT MAP NO. 153 3 OF TENTATIVE TRACT MAP NO. 15343, WITH BONDS AND AGREEMENTS (Hamptons II) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 15343, located on the north side of Garfield Avenue, approximately 350 feet east of Edwards Street is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15343 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 HB Hamptons Partners, LLP 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. 15343 and reject the offer of dedication, improvements, and bonds." , � 0 #QUEST FOR COUNCIL ACTR MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL 99-58 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: HB Hamptons Partners, LLP , 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Hunsaker and Associates Three Hughes Irvine, CA 92618 LOCATION: North side of Garfield Avenue, approximately 350 feet east of Edwards Street ZONE: Specific Plan 7 (Ellis-Goldenwest Specific Plan) GENERAL PLAN: RL-3.0-sp (Residential Low Density-3 units/net ac.-specific plan) NO. OF ACRES: 5 gross acres NO. OF NUMBERED LOTS: 13 NO. OF LETTERED LOTS: 3 NO. OF UNITS: 13 detached single family residential units DATE OF COMPLETE APPLICATION: September 8, 1999 MANDATORY PROCESSING DATE: October 4, 1999 DISCUSSION: On May 11, 1999 the Planning Commission approved Tentative Tract Map No. 15343, Conditional Use Permit No. 98-64, and Variance No. 98-19 to subdivide 4.6 net acres for the construction of 13 single family residences and development on a lot with greater than a three (3) foot grade differential between the high point and low point. Variances were also approved for reduced project size, front setbacks, rear setbacks, and for exceeding the maximum two (2) foot cut and fill grading limitation. Final Tract Map No. 15343 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement for this project through the payment of$115,154 in fees (per tentative tract map condition of approval and based upon August 1998 appraisal value of$516,500 per acre). The subdivider will satisfy the PL99-58 -2- 09/07/99 2:27 PM #QUEST FOR COUNCIL ACTR MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: PL 99-58 affordable housing requirement for this project by providing two off-site units. An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department. 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. 15343 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b). Attachment(s): Page Number .._...... 1. Findings and Requirements for Acceptance of Final Map 2 Area Map 3. Tentative Tract Map No. 15343 with site plan 4. Tentative Tract Map No. 15343 Findings and Conditions of Approval . 5 Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: R Ramos PL99-58 -3- 09/07/99 2:27 PM �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPINIENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: lahaJ,�,Z / < F 9 N'/• �jq/!lP7 S ieTNe�Q S, 4410 TO: /1/Q'. ,�,,b Q Zy7e-. ATTENTION: Name of1 St�'J� tSviAp— c/�/0/ DEPARTMENT: �I71q/!/�4� /f /07`O/ REGARDING: d'7/' l J 3 City,State,Zip See Attached Action Agenda Item Date of Approval ,Zd 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: •ZL/er-z�c y /O/a h n jt7 � ✓ ups Name De ent RCA Agreement Insurance Other X 921M0s �, i ,r— 7 —2 Department RCA Agreement Insurance Oth /rQa sureR--1 Mcac-S Name Department RCA Agreement Insurance Other N e Department RCA Agreement Insurances Other Risk Management Dept. Insurance Received by Name- Company Name- Date G:Followup/coverltr (Telephone:714-536-5227) i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK October 27, 1999 First American Title Insurance Company 114 E 5th Street Santa Ana, California 92702 Attention: Ronald Gomez Regarding: Final Tract Map No. 15343- Order No. 9638364 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. O. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CMC City Clerk CB:cg Enclosure Received by: Dated: g:followuptractmapjc (Telephone:714536-5227) '�. C11 Y OF HUNTINGTOR BEACH INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case Deputy City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 15343 (Authorization to Record) DATE: October 7, 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: Ronald Gomez ORDER NO.: 9638364 PHONE NO.: (714) 558-3 —3 A/J Bruce P. Crosby r 36356 Tr 15343 auth to record NOTICE O COMPLIANCE WITH NDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: COND4UNITY DEVELOPMENT Howard Zelefsky TRACT NO. I53L4 b PARCEL MAP NO. PARK AND RECREATION FEES PAID: FfYES $ �����Jr" �• NO OTHER: -�WALX-PLA Wv-s �► r-. .,W�rr for: Howard Zelefsky Planning Director . � .� �, `r`�,,�� ? .,��i:4 j:]:(;±����°�4��h�H�d�i troy N r.+l�'. 3 ; _ ,}� �; y.,�; .y,,�; ,. i� '�� u a� y y (t "S. ' ,}�}�' �'�!�a..' � I r 4�,4 ...v ` Y '� •�� �) �, ¢�: - ,, �.�;., v��, •fit . fi;�_ . Y 3j�]� ,( �,�� ' ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map. 1. Final Tract Map No. 15343 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15343 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. 3SM 956 965 00 as presented in Attachment No. 6 b. Labor and Material Bond No. 3SM 956 965 00 as presented in Attachment No. 6 c. Monument Bond No. 3SM 956 966 00 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 f. The City Attorney approves the CC&Rs for the project. t N, y •i a. .j At X r J IF y f wY 9 •� i PROJECT SITE 5 � • IY�YI !•nowt. e 1! N I ' I GARFIELO i W W O O U' / L� VICINITY MAP TENTATIVE TRACT MAP NO. 15343/CONDITIONAL USE PERMIT NO. 98-64NARIANCE NO. 98-19 THE CITY OF HUNTINGTON BEACH �c7 w, ti • 4 hi � rWi3. T •;.err. �: • w .. "I Tr as NrpF s as• COX,to SCHOOLINA . M _ -- — — — ————_— EN•_ — ———— — �r NOTES m B`---- -- --- 1. OWING LAND USE:VACANT. T rromrrW, r arr -- - 4 3, COSTING ZONNC: SPECIFIC PLAN ELLS-COLDENWEST ...o.. r I B S. PROPOSED LAND USE:RESIDENTIAL LOW OD61TY. --� j 4. WATER SEANCE PROWDED BY:CITY Or NUNTNGTON LEACH WATER DEPT. 33 34 r 1YrFw.c 1 AS. SETTER SERVICE PROMIND Rh CITY Or IRNRNC70N OUCH PUBLIC 9y ji HHAr l I 1 YAMS A OCSO 13&11 TRAM SOMD BY PRIVATE SR SYSTEM, IT ! -�+ I B, tt SETTER SOMIX PROVIDED BY:SOUTHERN CALIFORNIA GAS COMPANY. 7. ELECTRIC SEANCE PRONGED St.SOUTHERN CALIFORNIA EDISOH COMPANY. R 604 R 601 p S -I, F78.0 L. IL ILILMSIDFG iRNI r1ATINEA GENERAL TELEPHONE COMPANY SECTION E-E ab� qut P-7.., P_7se 1 �I �j va,� PV rr-7A.e rr-78.! u 'S i Ens �/!'S O B I 1Q HU TON MR NCH SCHOOLL DISTRICT. SCHOOL W1113CF:HUNTINCTON BEACH CITY SCHOOL LMiRiCf AND x' 11. ALL MAJOR SLOPES OR COMMON AREAS.OPEN SPICE.PRIME t I ORAWGE FACRIDCS•9040 ACCESS EASEMENTS.AND ANY OTHER 71 a COMMON AMENITIES SMIALL BE MAINTAINED BY A HOMEOWNERS • e d —��- 1 P— - r NTN I ' I. AND BE U ESIAECT TO5NER SUBICCA 10 THE CRY BATTY LAWS ATTORNEY AND IJE sMBJEtr ro TIJE APPROVAL.ar THE tm HvrDRNJEY Arm 1 -- Fur A Ram tr. ; mm I I AND 6 DEVCUIPMIDTI AO[�TOROMMCr 00 SKM ACINE ALL CC 11 0, SWIM Ott ATTORNEY SHALL K%cw CC•Ws.HOMEOWNERS ASSOCDITIDN I Nr A N101 $�i6NOM S 'B I r DOCUMENTS AND ALL DOCUMENTS TO CONVEY TIRE ro THE ASSDCIAOO. 13. THIS IS AN APPLICATION FOR A MVELOPMENT POW. '� A4 11 LOI•A•6 A PROPOSED EASEMENT f011 LANDSCAPE PURPOSES ro BE DEDICASTD TO THE CITY Or HUNTINGTON eULN AND MJESOMO T OO OO D O gt I jy FORS BY SEPARATE DOCUMENT TO FUTURE Nd2OWNUYS TO e i S > 1 -73.0 P.75.4 11E i V F`79.9 7 1.. LOT*W 6 A PROPOSED EASEMENT rOA EOUESTRIAN PURPOSES SECTION D-D r.74.3 rr.».a TO BE DEDICATED TO THE CRY OF HUMUNDION BEACH AND RESERVED Mp q 504 eW p B FOR DEDICATION BY SEPARATE DOCUMENT TO rUTURE HOMEOWNER'S M IW r ASSDGNIIOK Ie le I I E7 lE�F 0 u.NI. Io ii r.Mr N�1H" 1 T DEVIATION REQUEST 1e O I TO ALLOW TOR MORE THAN A TWO rOOT CUT AND A TWO FOOT FRL TRA(T 14892 fiOAR Hw3 —M R P 0Si I I ON PORTIONS Or THE SUBJECT LOB. ILMI j eosR fi117 ? HiOAR ? v.e7.s rr_ee.a rr-e7.7 SLOPE DESIGNATIONS P-et.o rr.al.o I I 1 = rr.e].5 e)~ANID BY MC AGENCY OR HOE OWNERS ASSOCIATION rr-e1.a rr.e3.o � rr.e3.3 III � 1 ®AwEARHron1E7AaaYrNEtlASiOLNTHON r��•••••••�• f� + - ( I1 0MANTAINEDwMIATEOWWM SECTION C-C 1 I — — - —— — — — -— —— \ I 1 LEGAL DESCRIPTION r-c !r!{ M- F 9 I POTION Or THE SOUTHEAST QUARTER Or SECTION 34 1.SS.R. I IN No l`W I N -—-—- CADDtNGTON CIRCLE 1 rr, 1 I SAM KRWROMO BASE r MERwM N THE RANCHO,w easAs PAN —-�—-—---'—- ---—-—- IL k 51/Il (PRNATE STREET) 1 I I STATEMENT OF OWNERSHIP / I I r• �' 1 — — —- — — — — — ✓ I I 1 I HERITY STATE THAT THIS ASAP WAS PEEPAAID ENDER ACT S PIEWBION AND DWT THE OWNER OR RECORD INS KNOWLEDGE 01 AND CONSENTS TO Tit RUNC OR THIS MAP. 0I I s s s I I N _ DATE_ P•eAD P-eA.7 I I wF,r L HrNAN A"/IVJI m.N/Jr/00 ra:R M 03q TR T 892 MY6 7.5 I r eoia 7 I I * t E 9 ♦ e e , )GIN I LUJ — — ' 0 70 AO Bo oIN raor SECTION 8-e ��. ' — — — — — — — MNil a..aBRR tcAu r.a VICIN MAP EDWARDS STREET DATE 4" - - wim ,m►�L CROSS AREA AR Ac- t LOT SUMMARY TTABLE tCONTOUR O7f�� in TAD TYPICAL STREET SECTION / •mN.uN.w PREPARED FOR PREPARED BY: ITI R R 1YW "�+`.muarAim.IWNHiIHAIpI NEW URBAN WEST.INC rsr,rP ; W� rHml6 s r sra SA7 BROADWAY,SUTE- I _ —room v s WRHB SANTA AADNKA CAa0101 r r TEIDSIOTQ D1W 39+1379 Avis • w FAD OTo""m! •�� ! °T'°I'A-" t TENTATIVE TRACT PION A . qPl• ormw Mot ROCKI N MRSE LANE • ++r ImmoOR BASATe Bn•eD • e an'°SCIL° NO. 15343 - v s '-- nVwrlRrvLHHMIrIrP.o a NOTES r m SCHOOL I. EkBTNG LAND USE:VACIVR. MI,W Air I °NL a`°Na9 t! 7. Dorm MIND: gum PLAN ELLR-COLDEIRES1 ————— = — 5. PROPOSED LARD USE:RESOErTNI LOW DENSITY. 1. RATER SEAVC[PROVXIED BY:COT OF MMTNGTON BEACH WATER DEPT. or „--- --- -- - - --- — —— S. SEVEN SOMM PRONGED Br:aR ar MNIIrOTON euCH PUIBIrC •y ® 1 f HFWn Wu r ��" T WOTNS•OCSD I]all tAICi SERVICED m PRNATC SEWOI SYSNM. n ® O9 a CAS SERVICE PRONGED Br.SOUTHERN CAUfORHM CAS COHPANr. IN i 1 e I. ELECTRIC SERVICE PROVIDED RY:SOUTHERN WYORNM EDRON COYP - $1 OIL AinN 1 O 7 I ' 6 11111NW SOMCE PROVCEO BY:COIOML�COMPANY 3� or 9, la seN1GGL DISTRICT:TaAvrIDTaF BEACH CITY scYaOl dSTRICT AND 3YP04.3 } 601 p Z t + 80711 9. CABLE TEUEMISIOW:.TIME WARNER. HIaO \ I H NII CTON BEACH UNION MICH SCHOOL DISTINCT. a.,a/o .. P-75a II, 1 P.11saeI,0 1. ALL NAIOR SLOPES OR COMMON AREAS.OPTS SNACE.DONATE OTH Fr.7g.] 0 1 L!A! AjI7J— f ,uo Ff 7 Eo RORANIACE tACR/T[S,ROW ACCEs7 fASOIUIIS,MID AN'Y oD[A rCOMMON AMENITIES SHALL BE MAINTAINED BY A HOMEASSOCIATH011 ESTABLISHED SU&ECT TO CURRENIT STATE LAWS AND BE A91ECT TO TIE APPROVAL Of THE CITY ATTORNEY AND COMMUNITY OEVROPYOII ONCCWR 00 SHALL REVIEW ALL CC a RS AND RULES FOR THEN AOEOI ACY AND NYAETORSS. THE CITY ATTORNn SMALL REVIEW CC a R's.HOMEOWNERS ASSOCIATION aw•a�� IL UM• s I d 1 DOCENTS AND ALL OOCUM TO CONVEY TITLE r0 THE V. THIS OWNERS ASSOCIATION. 17. 71R S AN M4UCATION FOR A W.M.DPIRNT PERMIT. TE STREET)RFr 1 aWmr $14FmH°NN - I I1 LOT'1U• 6 AN EASEMENT TOM LANDSCAPE PURPOSE:DEDICATED —s e N TO THE CITY OF HUNTNGTON BEACH AND RESERVED FOR OEOEA11ON Of SEPARATE DOCUMENT TO FUTURE HOMEOWNERS ASSOCIATION. S4 N 11. TAT I• S AN EASEMENT FOR[OUESIRPAL PURPOSES DEDICATED • // ' W �M 10 THE CTY Or IIWRNCIOM BEACH AND RESERVED FOR OEDrAiCN TG nA PdA. aago 7 I BY SEPARATE DOCUMENT TO FUTURE HOMEOWNERS ASSOCIATION. P.7].e P.75.. FAR 71a A. 0 i Rao FP. f.nl ,aao I 1 rr.7A.] FF.75.9 ep1 504 q 8 for I.A DEVIATION REQUEST 10 10 1 14 10 is Arr • Il A 10 qFr.INr .AR'• i I TO ALLOW FOR MORETHAN A TWO FOOT OJTAND A TWO r00T FILL Y 0 ON PORTIONS°r THE SYBIECT Lam TRACT 14892 A I Io] v.eis Pw3i ' e0711 f v PIR R'°]•° LEGAL DESCRIPTION v.e1.1If PORTION Or M SOUTHEAST QUARTER Or SECTION.f1 T.5S.R.11W If.e1.9 R.e].0 ri.el.s �� p• I I I I t�FLd9AS[!M[RAIAN N TIE RANCID LAS BOLSAS POI \ I STATEMENT OF OWNERSHIP 1 CJIODWCTDN PIRCLE 1 w i ��L�' I IERFrR STAIT IIIAT ITS MAP WAS RVARD LNM —�—-—- (PRIVATE STREET -—-—-— 1 I I C"..IF/ MY SRPERVRION AND THAT THE OWNER Or RECORD HAS _ -—-—- ) OIOENEDa OF Alm CDNSDaS TO TIE FILING OF T7a MAP. 1 OAT[— I I OIVI E _ III 607A e0]R TR T 892 - FF.6i s R R/oin 7 I I vin 1 0 30 p EO ouH Y NVHHA>tN+ N n I nLo VICNV MAP �ONN a Don D III Ann/ EDWARDS STREET _- WATmaufu —- I f� G106f AR7A S0 AC.- 4 Ir wwx � IOMIIpIs E LECER6 a TYPICAL STREET SECTION ' PREPARED FOR PREPARED Y' Pw/ roam Hr Ra.IW. -�..t,.meo uNnN mra.Rns NEW URBAN WEST.INC — $ ■ Ir ■ Fm®s r WPHt 90 BROADWAY•SURE TOO ' i I SAWA A40WA CA 90M r —rHrao a R om TDD/IOIE OTa)191.1D9 AArraAW ln.le s de �e+ FAX 010 M44M ��•V.�r A P�1 w TECHNICAL SITE PLAN FOR .: TENTATIVE TRACT ROCKINGHORSE LANE wo®/e e WV o NO. 15343OMOT 4 - , aywrHR.anvW H\MLr1101AH1.R ai t, r lift J� Huntington Beach Planning Commission : P.O. BOX 190 CALIFORNIA 92648: '. '.=�.• ll May 14, 1999 BB Hamptons Partners, LLP c/o Tom Zanic 520 Broadway, Suite 100 Santa Monica, CA 90401 SUBJECT: TENTATIVE TRACT MAP NO. 15343/CONDITIONAL USE PERMIT NO. 98-64/VARIANCE NO. 98-19 (Hamptons II: 13 Unit Single Family Residential Subdivision) PROPERTY OWNER: BB Hamptons Partners, LLP, c/o Tom Zanic, 520 Broadway, Suite 100, Santa Monica, CA 90401 REQUEST: To subdivide 4.6 net acres for the construction of 13 single family residences and development on a lot with greater than a three(3)foot grade differential between the high point and low point. Variances are requested for reduced project size, reduced front building setbacks, reduced rear building setbacks and exceeding the maximum two(2)foot cut and fill grading limitation. LOCATION: Northside of Garfield Avenue approximately 350 feet east of Edwards Street DATE OF ACTION: May 11, 1999. Your application was acted upon by the Planning Commission of the City of Huntington Beach on May 11, 1999, and your request was Conditionally Approved. Attached to this letter are the Findings and Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project: It is recommended that you immediately pursue completion of _.. . the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. (99CLO5 11-2) i i Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within? ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for' the appeal; it shall also be accompanied by a filing fee. The appeal fee is$500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,490.00 for all other appeals. In your case, the last day for filing an appeal and paying the filing fee is M6 21, 1999. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void two (2)years after final approval,unless actual construction has started. If there are any further questions, please contact Wayne Carvalho, Associate Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary . Planning Commission by: Scott Hess, AICP Senior Planner xc: Property Owner Attachment: Findings and Conditions of Approval (99CLO511-3) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 15343/ CONDITIONAL USE PERMIT NO. 98-64/ VARIANCE NO. 98-19 FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15343: 1. Tentative Tract Map No. 15343 for the subdivision of 4.6 acres to construct 13 single family residences is consistent with the General Plan Land Use Element designation of Low Density Residential on the subject property, the Ellis Goldenwest Specific Plan, and other applicable provisions of this Code except for any variances approved concurrently with this application. The proposed single family residential subdivision is a permitted use. 2. The site is physically suitable for.the type and density of development. The project's density is 2.8 units per acre which is within the allowable density for Low.Density Residential (max. 3 units per net acre). The project site will require some grading and is compatible with surrounding Low Density Residential uses. The project will complete development of the southwest quadrant of the Ellis Goldenwest quartersection. 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 under Environmental Impact Report No. 88-2 and will comply with appropriate mitigation measures.: 4. The design of the subdivision and the type of improvements will not conflict with public or private easements. The subdivision will provide all necessary easements and will not affect any existing easements. The development will include the construction of public equestrian trail easements along the south and northeast perimeter of the tract. FINDINGS FOR APPROVAL- CONDITIONAL USE PERNIIT NO. 98-64: 1. Conditional Use Permit No. 98-64 for the establishment, maintenance and operation of the 13 unit single family residential subdivision, including the development on a parcel with greater than a three (3)foot grade differential.between the high and low points, will not be ' detrimental to the general welfare of persons working or residing in the vicinity or detrimental-to the value of the property and improvements in the neighborhood:. The project is consistent with the character of the area. The grading of the master plan will allow fore. proper drainage within the tract without impacting adjacent properties or streets. - 2. The conditional use permit will be compatible with surrounding uses because the design.and...-...._ architecture of the proposed homes, equestrian improvements, street sections and circulation are designed to be compatible with adjacent tracts. The project will complete estate residential development at the southwest quadrant of the Ellis Goldenwest quartersection. I (99CLO511-4) 3. The proposed 13 unit single family residential subdivision will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for any variances approved concurrently ' under Variance No. 98-19. With exception of the requested variances, the project will comply with all provisions of the Ellis Goldenwest Specific Plan. 4. The granting of Conditional Use Permit No. 98-64 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.1.2-Require that single family residential units be designed to convey a high level of quality.and character considering the following guidelines: a. Modulate and articulate building elevation, facades and masses (avoiding undifferentiated"box-like" structures). b. Encourage innovative and creative design concepts through the use of a multitude of materials including brick and stone accents, wood shutters, and wrought iron features, with architectural features such as turrets and building "pop outs." LU 9.3.2—Require that the design of new residential subdivisions consider the following a. Orient housing to neighborhood and collector streets by designing all residential driveway access onto the private street, and not from Garfield Avenue. The subdivision is designed to link with streets and equestrian easements that exist in the area. The homes are architecturally designed to be compatible with the prior Hampton phases, with the use of identical materials, including stucco, tile roofs, wood, wrought iron, and brick and stone accents. In addition,the subdivision is designed to provide_ the necessary easements and improvements without impacting adjacent uses. FINDINGS FOR APPROVAL- VARIANCE NO. 98-19: 1. The granting of Variance No. 98-19 for four(4)variances as follows will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification: a. To permit development of a five gross acre project area in lieu of minimum 10 gross acres. The project is not adjacent to any other vacant parcel that would permit an integrated development. The project is minimum five (5)gross acres in size which meets _. the minimum non-contiguous size requirement and it will be designed compatible with the adjacent Hamptons tract. b. To allow 24 foot front setbacks on Lots 1, 3, and 8, and a 26 foot front yard setback on Lot 2 in lieu of minimum 25% of lot depth. The reduced front setbacks are necessary to provide a usable back yard due to sloped conditions in the rear yards of Lots 1-3, and the cul-de-sac frontage on Lot 8. In addition, there were similar variances granted in the adjacent Hamptons tract. (99CLO511-5) c. To allow a 15 foot rear yard setback on Lot 6, and a 10 foot rear setback on Lot 7 in lieu of minimum 25 feet. The irregular shaped buildable area restricts the building design on the lot. The CC&R's will restrict development within 25 feet of the property line adjacent to the usable yard areas on both these lots (Lot 6—west property line, Lot 7— east property line). d. To exceed the maximum 2 foot cut on Lot 1 (3.3 ft.), Lot 2 (4.2 ft.),Lot 3 (4.2 ft.), Lot 4 (4.2 ft.), and Lot 5 (3.0 ft.), and 2 foot maximum fill on Lot 7 (4.0 ft), Lot 8 (2.5 ft.), and Lot 9 (2.5 ft.). The proposed grading complies with the intent of the specific plan, and involves minimal cut and fill necessary to allow for proper drainage. There has also been similar cut and fill variances approved in the quartersection. The proposed development will not contrast with the character of the neighborhood that has been developed to retain the natural terrain and generally comply with the setback requirements. Furthermore, similar variances for reduced setbacks, and deviations to the.cut and fill requirement have been granted in the immediate area. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location and surroundings, the strict application of the zoning ordinance is found....- to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The proposed pads have been designed to minimize the -� alteration of the natural terrain while designing for proper drainage. With the conditions imposed, the lots with reduced rear setbacks will maintain an increased yard area adjacent to the rear yards on adjacent lots. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The reduced project area, reduced setback requirements, and additional cut and fill will allow for development on the five acre area which is compatible with the adjacent Hamptons residential development. Similar building setback reductions were granted in the adjacent Hamptons tract. - 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. With the conditions imposed, the reduced setbacks, increased cut and fill, and development on the 5 acre project area will not reduce the privacy, or negatively impact the value of adjacent properties or neighborhoods. CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 15343: 1. The tentative map received and dated April 5, 1999, shall be the approved layout with the following modification: a. Pedestrian access shall be depicted from the equestrian trail at the northeast.corner of the tract to the school site. (99CLO511-6) 2. Prior to submittal of the tinal map for approval by the City Councu, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted for review and approved by the Planning Department. The agreement shall provide for affordable housing on- site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 10 percent(two units) of the total number of approved housing units (13 units) shall be affordable to families of low income level (less than 80%-of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitated) are off-site, they must be under the full control of the applicant. The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the . applicant's reasonable progress towards attainment of completion, of the affordable units. b. 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 following: 1) Maintenance of common access easements, maintenance of all streets, walls and common landscape areas by the Homeowners' Association. 2) The CC&R's shall ensure that no subsequent restrictions be placed on eight(8) parcels (12,000 square feet or larger)that prohibits the option for equestrian facilities as specified in the Ellis Goldenwest Specific Plan. (Subdivision Committee) 3) The CC&R's shall ensure that the self-locking wrought iron(or similarly designed) gate to the school site be maintained by the Homeowner's association, and that keys be made available to all families within the Hamptons master plan and Homeowner's association: 4) Lot 6 and Lot 7 shall include a restriction to assure that a minimum 25 foot building setback is maintained adjacent to the side property line(Lot 6—west, Lot 7—east) 5) The CC&R's must be in recordable form prior to recordation of the map:. 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. W ' a. All vehicular access rights to Garfield Avenue shall be released and relinquished to the City of Huntington Beach. (PW) b. All common area improvements shall be completed by the developer. (PW) c. Final hydrology and hydraulic studies for on site facilities shall be submitted for Public Works review and approval. (PW) (99CIA511-7) d. Signing, striping and street lighting shall be designed and constructed in accordance with Public Works Standards and the Ellis Goldenwest Specific Plan Design Guidelines. e. A private storm drain system shall be constructed to collect storm water from this tract and direct it to the proposed storm drain connection with the school site to the east. (PW) f. The sewer system located within "A" Street shall be private and maintained_ by the Homeowners Association. (PW) g. 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. (PW) 2. A 5.00-foot public utility easement as shown on said map. (PW) 3. The water system and appurtenances as shown on the improvement plans. (PW) 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..(PW) h. The Final Ma shall be consistent with the a roved Tentative Ma i. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and the Orange County Subdivision Manual, Subarticle 18 for the following items: 1. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor..(PW) 2. Provide a digital-graphics file of said map. (PW) j. All improvement securities (Faithful Performance, Labor&Material, and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department . and approved as to form by the City Attorney. (PW) k. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) .4. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the *' Department of Public Works for review and approval. This plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation. -work.(PW) b. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. .This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets,utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) (99CLO511-8) c. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate. Street catch basins shall be grated. (PW) d. Blockwall/fencing plans shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to. the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 5. During grading, the following shall be complied with: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%)by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue'construction during second stage-smog alerts. - 6. All other applicable mitigation measures in Environmental Impact Report No. 88-2 shall be adhered to. 7. 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 tentative tract map is proposed as a result of the final map plan check process. The Final Tract Map shall not be approved 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 to the tentative tract map reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT MAP NO. 15343: 1. All applicable Public Works fees shall be paid prior to.map recordation:(PW) 2. Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council. The fee shall be based on the August, 1998 appraisal value of$516,500 per acre. 3. Tentative Tract Map No. 15343, Conditional Use Permit No. 98-64 and Variance No. 98-19 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 Department a minimum 30 days prior to the expiration date. (99CL0511-9) e 4. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. CONDITIONS OF APPROVAL—CONDITIONAL USE PERNM NO. 98-64NARIANCE NO. 98-19: 1. The site plan, oor plans and eleva ' received and dated April }�, 1999 shall be the conceptually approve ayout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison . transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and.shall be screened from view. (Code Requirement) b. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building.'They shall be architecturally-compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. c. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage onto adjacent properties and shall be shown on the site plan and elevations. d. Pedestrian access shall be provided from the equestrian trail at the northeast corner of the tract to the school site. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b.. Automatic sprinkler systems shall be installed throughout on all structures exceeding' ` 5'000.squarefeet in size(including garage). Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) a c. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. ..Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1. water flow, valve tamper and trouble detection; 2. audible alarms; 3. smoke detectors (FD) (99CL0511-10) d. Fire hydrants shall be installed prior to combustible construction. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. The project may require up to two (2) hydrants. (City Specification No. ' 407) (FD) e. Address numbers shall be installed to comply with City Specification No. 428. (FD) ' f. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 409. (FD) g. Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. h. All Fire Department requirements shall be noted on the building plans. (FD). is The project shall comply with all provisions of the HBFC and City Specification No. 422, Well Abandonment. (FD) j. The project shall comply with all provisions of the HBMC Section 17,04.085.and City . Specification No. 429,Methane District Building Permit Requirements. (FD) k. The on-site abandoned oil well must have City consultant review per.City Specification No. 422 and the property must meet all conditions specified within the City's soil cleanup standard, City Specification No. 431-92. (FD) 1. Residential structures on Lots 3-11 shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). (Code Requirement) in. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of. building permits. (Code Requirement) n. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 3. Prior to issuance of building permits, the following shall be completed: a. A reproducible mylar copy and a print of the recordable 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.(PV ) (99CLO511-11) b. A Landscape Construction Set must be.submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape . Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees (trunk greater than 10" in diameter)that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) c. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) 4. During construction, the applicant shall: a. Use water trucks or sprinkler systems it all areas where vehicles.travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; . c. Use low sulfur fuel (.05%)by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days(first stage smog alerts); e. Discontinue construction during second stage smog alerts. 5. Prior to final building permit inspection and approval of the first residential unit,the following shall be completed: a. Each proposed dwelling unit shall have a separate domestic meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform. Fire Code (UFC). All meters shall be a touch read type. (PW) b. The developer shall construct a new eight(8)inch potable water pipeline and a four(4) inch subpotable irrigation water pipeline in"A" Street. (PW) c. The developer shall construct a separate irrigation system(i.e. service, meter and backflow protection device)to serve the individual lots of this.development and the perimeter landscaping along Faircrest Drive with subpotable water when it becomes available. (PW) -- - d. Backflow protection is required on all domestic and/or combined domestic/fire(water) services. (PW) e. The developer shall construct a separate irrigation system (i.e. service, meter and backflow protection device)to serve reclaimed water to the perimeter landscaping along Garfield Avenue when it becomes available. (PW) (99CLO511-12) f. Signing, striping and street lighting, matching that in adjacent tracts, shall be constructed in accordance with City Standards. (PW) g. A self-locking wrought iron(or similarly designed) gate shall be installed at the pedestrian access point to the school site. Keys shall be made available to all families.-.. within the Hamptons master plan and Homeowner's association. h. Compliance with all conditions of approval specified herein shall be.accomplished and verified by the Planning Department. i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6. 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.site plan, elevations and floor plans are proposed as a result of the plan check process.-Building permits shall not be issued 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 to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Tract Map No. 15343, Conditional Use Permit No. 98-64, and Variance No. 98- 19 shall not become effective until the ten day appeal period has elapsed: 2. The Planning Commission reserves the right to revoke Tentative Tract Map No: 15343, Conditional Use Permit No. 98-64, and Variance No. 98-19, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. State-mandated school impact fees shall be paid prior to issuance of building permits. 6. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal.Fire Codes, Ordinances, and standards, except as noted herein. 7. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 8. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. I i (99CLO511-13) f F S 44 k 4f SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, NEW URBAN WEST, INC., AND HB HAMPTONS PARTNERS, L.P., FOR TRACT NO. 15343 TABLE OF CONTENTS Section Page 1 General Improvements......................... .....................................................................2 2 Arterial Highway Improvement.................................................................................3 3 Guarantee...................................................................................................................3 4 Plant Establishment Work .........................................................................................3 5 Improvement Plan Warranty......................................................................................3 6 No Waiver by City.....................................................................................................4 7 Costs..........................................................................................................................4 8 Surveys......................................................................................................................4 9 Improvement Security...............................................................................................4 10 Indemnification, Defense, Hold Harmless.................................................................6 11 Insurance....................................................................................................................6 12 Non-Performance and Costs......................................................................................7 13 Record Map...............................................................................................................8 t SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, NEW URBAN WEST, INC., AND HB HAMPTONS PARTNERS, L.P., FOR TRACT NO. 15343 THIS AGREEMENT is entered into this day of�Z,O�2/y�be� 19991 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NEW URBAN WEST, INC., a California corporation, and HB HAMPTONS PARTNERS, L.P., a California Limited Partnership, hereinafter collectively referred to in the singular 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. 15343; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the 1 agreelnvhractl5343/09/07/99 Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. 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 and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, 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 agree/m/tract 15343/09/07/99 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of-the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill-its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. 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,doing 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 City Council 'accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 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 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. 3 agree/m/tract 15343/09/07/99 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the 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 relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed; nor.shall the CITY by 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 the CITY before acceptance of any work as complete by the City Council; and furnish a Monument Bond, in a form acceptable to the CITY, in an amount of Eight Thousand Dollars ($8,000.00). 9. IMPROVEMENT SECURITY Upon executing this Agreement, the SUBDIVIDER shall, pursuant to Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to the City: A. Faithful Performance: For performance security, in the amount of Two Hundred and Twenty-Five Thousand Dollars ($225,000.00) which is one hundred percent (100%) of 4 agree/m/tract 15 343/09/07/99 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. Acceptable irrevocable letter of credit. With this security, the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Twelve -Thousand Five Hundred Dollars (5112,500.00) which is fifty percent (50%) of the estimated cost of the work. Such security is.presentedin the form of: Cash, certified check, or cashier's check X Acceptable corporate surety bond Acceptable irrevocable letter of credit. With this security, the SUBDIVIDER guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the 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 5 agree/m/tract 1 5 3 43/09/07/99 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, officers, agents and employees against any liability or claim for damage of any-kind-allegedly suffered, incurred-or.threatened,•including.personal injury, death, property damage, inverse.condemnation, or any combination-of these, and-resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared, supplied, or reviewed-any.plan(s).:or.speci fications(s)•in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of 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 6 agree/rw/tract l 5343/09/07/99 than $1,000,000. Said policy shall name City of Huntington Beach, its officers, and employees 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 abovementioned insurance contain a self- insured retention, or a"deductible" or any other similar form of-limitation on the required coverage. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier-and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of.CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. 7 agree/rw/tract 1 5 3 4 3/09/07/99 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, the 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 the CITY (including, but not limited to: Engineering,.Inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces,.including contractors, in the event the 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 the 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. SIGNATURES ON NEXT PAGE 8 agree/m/tract 15 343/09/07/99 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SUBDIVIDER: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of NEW URBAN WEST, INC., a California California corporation, By: 6� t,,,,-r}-N � Mayor (type or print name) Its: (Circle one) Chairman of the Board(/Presiders /Any ` Vice President ATTEST: A _ ' City Clerk /p By: r F b Yr�1n ortIr APPROVED AS TO FORM: (typePffi me) Its: (Circle one SeAny Assistant Secretary/ Chief Financial /Any Assistant Treasurer City Attorney HB HAMPTONS PARTNERS L.P., a California limited partnership By NUWI-HB Hamptons, L.P. a California INITIATED AND APPROVED: limited partnership, General Partner By NEW H&DEVELOPMENT, INC., a California corporatio , General Partner City Engineer By: AND APPROVED: (type or print name) Its: ?rcA 1'c d_4., r City A inistrator` (print title) AN By: � `J►rr r Jr1 �1 (typ or print name) Its: W O (print title) 9 agree/nv/tract 15343/09/07/99 I have received Faithful Performance Bond No. 3SM 956 965 00—American Motorists Insurance Company. Labor and Material Bond No. 3SM 956 965 00—American Motorists Insurance Company Monument Bond No. 3SM 956 966 00—American Motorists Insurance Company. RE: Tract 15343— HB Hamptons Partners, L.P. & New Urban West, Inc. Approved by Council on 9/20/99 — City Clerk Vault file 420.60. Dated: i I-I-a Q By: I ' • OND N0. 3SiM 956 965 00 JOREMIt,!ti1 1 ,800.00 • ' i j �+ FAITHFUL PERFORMANCE BOND i i WHEREAS,the City Council of the City of Huntington Beach,State of Califcrnia, and HB Hamptons Partners, L.P. & New Urban West, Inc. (hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 1 g and identlfied as project Tr. 15343 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and American Motorists Insurance Company i as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal sum of Two Hundred Twenty Five Thousand & 00/100 dollars($ 225,000.00 lawful money of the United States,for the payment of which sum well and truly to be inade,we bind ourselves,our heirs,tuccessors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the sAid agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at lie Time and in the r imanner 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 shall be and remain In full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified i therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's i fees incurred by•City In successfully enforcing such'pbligation, all to be taxed as costs and included in I anyjudgmentrendered. I 1 APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: I 1 i . i The surety hereby stipulates and agrees that no charge,extension of time, alteration or addition to the terms or the agreement or to 11he wort,to be performed thereunder or Lhe specifications accompanying the same small in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof.this instrument has been duly executed by the principal and surety above named,on September loth 19 99 FIB Rmpt ns s, L. a nci & ew n s-t By By Arm Ibt Insuranc�mpany as Surety y L y Ja Nbnroe, Attorney-In-Fact I f 2 State of Californi County of Orange On 9-10-99 before me, V. M. Campbell , Notary P uh1 ; r , DATE NAME, TITLE OF OFFICER .E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Janina Monroe NAME(S) OF SIGNER(S) 0 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. Colo,. 61200319 n WITNESS my h d and offici NOTA I. V) ".z `" RY PUB�1C-,:AJFOR`JI.A m Q r � A 0RX4G9-COUNTY ro !� My Comm.Expires Nov.2.5,200022l,1� IGNAT E OF NOTAR 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 EIATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) '❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) State of California County of orange On 9-10-99 before me, Janina Monroe, Notary Public DATE NAME, TITLE OF OFFICER-E.G., -JANE DOE.NOTARY PUSEI personally appeared Kenneth I. Hazzard NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be ti person(s) whose name(s) is/are subscribed to the witF instrument and acknowledged,-to me that he/she/thE executed the same in his/her/their authorized capacity(ie; and that by his/her/their signature(s) on the instrument tt person(s), or the entity upon behalf of which the person(: 5 acted, executed the instrument. c�.:... :_._.. .. i C y hand and official seal. SIGNATURE OF NOTARY OPT AL Though the data below is not required by law, it may prove valuable to persons relying on.the document and could preven fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) ❑PARTNIER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR QOTHER: As Agent. DATE OF DOCUMENT SIGNER IS REPRESENTING:S SIGNER(S) OTHER THAN NAMED ABOVE I NAME OF PERSON(S) OR ENTITY(IES) WBREMIUM.' OND R0 3�1 956 %5 00 Tnritirirxi in rust of Perfonrance bond. LABOR AND MATERIAL BOND I WHEREAS,the City Council of the City of Hurtungton Beach,State of California,and 1 HB Hamptons Partners, L.P. & New Urban West, Inc. (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement;dated 19 and identified as project Tr. 15343 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,p;ricipal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California, Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors:subcontractors,laborers,materialmen and other persons employed In the performance of the aforesaid agreement and referred to in the aforesaid Coda of Civil Procedures In the sum of One Hundred Twelve Thousand Five Hundred & 00/100 dollars($ 112,500.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to.the face amount thereof,costs and reasonable expenses and fees,Including reasonable attorney's fees,incurred by'City'in successfully enforcing such obligation,to be awarded and fixed by the court,and to I;e taxed as costs and to be included in the judgment therein rendered. i It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stlpu!ates 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 APPROVED AS TO FORM: 1 GAIL HUTTON, City Attorney ec90 By: 4- rQ1 #'°sa�e�r' Ir e p- i - affect its obligaboois bond,and it does hereby waive notice of any suonge,extension,alteration or addition. !n witness whereof,this instrument has been fully executed by the principal and surety above named,on September loth , 19^99 HB Ha ton Partn L.P. as P ' ipal By; By: American tor's Insurance Company as Surety By: By: Jani a onroe, Attorney—In—Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE } ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENTAND 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 SATISFAC TORY 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 I NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY eo7o.ot (NAME PRINTED) MY COMMISSION EXPIRES - ac�o State of Californ1 County of Orange On 9-10-99 before me, V. M. Campbell , Notary Publ ; r t DATE NAME, TITLE OF OFFICER -E.G., "JANE DOE. NOTARY PUBLIC' personally appeared Janina Monroe NMAE(S) OF SIGNER(S) M 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. r34 ��''. CAS"PSELI I U-i t � 12.00319 a r CAUFORN,� WITNE my ha and official seal. l NOTAR'(Pu , rA Q C��:_ OF=A,NIGE COUMY m i,'Y Ca'nm.Expires Nov.25,2DO2 SIGNATUR OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑PARTNER(S) ❑LIMITED ❑GENERAL CIATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) State of California County of Orange On 9-10-99 'before me, Jw na Monroe, Notary Public DATE NAME, TITLE OF OFFICER-E.G.,-JANE DOE. NOTARY PUBLIC• personally appeared Kenneth I. Hazzard I—� NAME(S) OF SIGNER(S) D personally known to me - OR - 1J proved to me on the basis of satisfactory evidence to be t; person(s) whose name(s) is/are subscribed to the witl- instrument and acknowledged'.to me that he/she/th1 executed the same in his/her/their authorized capacity(ie,� JLAN„N!arAo: � o� .5 and that by his/her/their signature(s) on the instrument tr . �_-. . person(s), or the entity upon behalf of which the person(: c = acted, executed the instrument. c< hand and official seal. SIGNATURE OF NOTARY (I) OPTION Though the data below is not required by law, it may prove valuable to persons relying on.the document and could preven fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I_._11NDIVIDUAL ❑CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) FIARTNIER(S) ❑LIMITED EQGENERAL ❑ATTORNEY-IN-FACT- NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR DOTHER: As agent DATE OF DOCUMENT SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE: NAME OF PERSON(S) OR ENTITY(IES) I Cc-�rarc;al Lines .ME,RICAN MOTORISTS INSU �.NC= CGMP.;JNY I one Of;ica: Long Grove, IL 600-49 POWER OF Aiff ORNEY Knc,.v;;A Men By These Presents: rat the Ai1�=nc n INOiOrlsi; (nsur--�;Ca Company, _ co,-coration organized and existing under i��l- lcl'1S of the Si=i? OT Illinois, and having its principal once in Long'Grove, Illinois, does hereby apooint 'somas G- HcCP?, K.R. Diodes, Victor_a Y-- Cz=poe�l, Jena Moaroe its true and law;ul acent(s) and a«oney(s)-in-Tact, to make, execute, se=1, and deliver during the period beginning with the date or issuance cf this power and ending December 31, 2001, unless sooner revoked for and on its behalf as surety, and as its act and d-=-=d: !Name of Principal: HB Hamptons Partners, L.P. & New Urban West, Inc. 3Sh1 956 965 00 performa $225 0.00 Sand No.: Penal Sum: $Payment �H2,W'88 \4ame of Obligee: City of Huntington Beach Description: Surety Bond iXCE?iION: NO AUTHORI T 1'is granted to (rake,'=xrc-te. seal and deliver any bond or undertaking which guar�ntees he payment or collection of any prOnisscry note, check, draft or let:_r or credit pis authority does not permit the sane obligation to be split into two or more bonds in order to bring e-ach such '• and within the dollar limit of authority as se:forth herein. nis appointment may be revoked at any time by the American Motorists Insurance Company. he execudan of such bands and underr`kines in puruance or these prezents shall be as binding upon the said m=rican Motorists Insurance Company as fully and amply to all intents and ourooses, as if the same had been duly xecuted and acknowledged by its regularly elegy ed officers at its principal o,;,ca in Long Grove, Illinois. =fiS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NO T iCE AS OF DECEMSE= 31, 2001. its Power of Attorney is executed byy auu ority of a resolution adooted by the Executive Committee of.the Board or rectors of said American Motorists lnsumricr Company on February 23. 1 g88 at Long Crave, Illinois, a le and accurate c:)oy of which is hereinarr=r set fbr;w'h and is hereby cerdit ed to by the under—Stoned Secra*=ry as lino in full force and ehact: OTED, That the Chairran of the Board, the President. or any Vice President, or their appointees desicnated in icing and filed with the Secretary, or the Secretary shall have the power and authority to appoint aaerts and oneys-in-'—ct;and to authorize them to execute on behalf of the Conpan , and attach the seal of the COmpany =reto, bones end undertakings, roc--gni<_nces, cont=cts of indemnity andYotherwritings, obligatory in the nature :roof, and any such omcer of the Company may =ppoint,agents for aC ap"=nce of process." s Power of Attorney is signed, se=fed and cerdfied by �.csinRe under and by authority of the following elution adbated by the Executive COm ii«_e of the 5card of Directors of the Company at a meeting duly called and d on the 23�d day of February, 1988: I ED, I nat the signature of the Chali i cn of tale -card, the President any Vic- PreSld�nt or their appointees iGr=tom ICI wriIlnQ and i71ed with the SEC cj_N and the 5ianaiUfc of the Secretary, the sea� of the Cor7p2ny, and 7cations by the-Secretary may be of�,xed by acsimile on any power or attorney or band executed pursuant to :linen adcoted by the E;.E--iltive Ccmmi" ee of the Board or Directors on February 23, 1988 and any such power so Cited se=.led and cer=died with respect to any bond or undertaking to which it is ai-tached, shall continue to be and binding upon the Company:" estimony V1/nereof, the Am=rican Mcicnsts Insur2nca Company has caused this ins mment t0 be sinned and its or--te se=l to be a1n1xed by its authorized dicers, this 25th' day or July , 1993. ted and Cerdfled: AMERICAN MOTOP,ISTS INSURANCE COMPANY _ 1R J. ..s rant S. K-ernper, III, =�, `�Iw pI C *Nl o. 3SM 956 966 00 0. S1CO.00 MONUMENT 90ND KNOW ALL MEN BY THESE PRESENTS: THAT HB HAMPIONS PARINERS, L.P. & NEW URBAN WF9, INC. as Subdivider of Tract No. 15343 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Fine!Map of said tract containing an engineers or surveyor's certificate stating Ihat all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said HB Hamptons Partners, L.P. (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of S 8,000.00 in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter4 of the Government Code of the State of California IN WITNESS WHEREOF,we have executed this instrument this loth day of September 19 99 HB Ha tons Partn rs, L.P Principal 7Monroe, By: By: ricn. ce Com an as Surety .8 d �- JAttorney—In—Fact APPROVED AS TO FORM.' GAIL HUTTON, City Attorney By: .. e�r2ey�— 8092.01 - r State of Calif orn • County of Orange On 9-10-99 before me, V. M. Campbell , Notary Puhi ; r• , DATE NAME, TITLE OF OFFICER -E.G., 'JANE DOE, NOTARY PU6LIC' personally appeared Janina Monroe NAME(S) OF SIGNER(S) 0 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) NJM. CAMPS LL r- °=- Cn�;1`,!,#1200319 r acted, executed the instrument. >r; Y - '` = ` OF_� FCOUNiTY C I�V WITNESS my han and official s al. lA ""1am^m.ENov.25 2002 n SIGNATURE O OTA 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 EIATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: DATE OF DOCUMENT ------------ SIGNER IS REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) State of California County of Orange On `}'lam before me, Janina Nbnroe, Notary Public DATE NAME, TITLE OF OFFICER-E.G., 'JANE DOE,NOTARY PUBLIC• personally appeared Kenneth I. Hazzard NAME(S) OF SIGNER(S) —~ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be tt person(s) whose name(s) is/are subscribed to the with instrument and acknowledged- to me that he/she/thE executed the same in his/her/their authorized capacity(ies and that by his/her/their signature(s) on the instrument tf. , ,__::,,,,,P�:�:,:-•'^��.r ,�, person(s), or the entity upon behalf of which the person(; :.. acted, executed the instrument. _ r WC 1�SE y hafid and official seal / SIGNATURE OF NOTARY 0PTI AL 'though the data below is not required by law, it may prove luable 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 TrTLE(S) ❑PARTNIER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY-IN-FACT- NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR DOTHER: ' As Agent DATE OF DOCUMENT SIGNER 1S REPRESENTING: SIGNER(S) OTHER THAN NAMED ABOVE NAME OF PERSON(S) OR ENTITY(IES) Ccrtr,._rciaf!ir.es•ter=• =.;'rIERfC%N MO i CRUSTS INSUP,,`.N Ch11=.4.NY • ` or-lie Offic-e: Long Grove, IL 600".9 =OWER OF A m i 0RNEY :nc,v III amen By i hese Present:. n=t ine Areric n �Mctorist- Insurance Company, a cprparat-ion orcani=eed and _Xis-Ung under the laws or the State or lineis, and having its principal ofllce in Lcna Grove, Illinois, does ''ereby apocint 10T—s G- HcCc1 , T.R. Cli odes, --f ctor=a 21- Caxrnoel 1 , 1azi as Monroe s true and lawful acent(s) and a«cmey(s)-in-n:ct, to Make, execute, seal, and deliver during the period --inning with the date of issuance cf this cower°and ending December 31, 2001, unless sooner revoked for and an 3 behalf as surety, and as its act and deed: lame of Principal: HB Hamptons Partners, L.P. & New Urban West, Inc. :and No.: 3SM 956 966 00 Penal Sun: S 8,000.00 ane or Obligee: City of Huntington Beach ascription: Monument Bond <CEP i iON: NO AU i HORITY is armed to make,*ex ecute. se=1 and de!iver any bend ar under=king which guarantees payment or collection or any pramisscry note, check, draft or lett=_r or credit. its authority does not permit the same obligation to be split into two or more bonds in order to bring each such end within the dollar limit of autharry as se:forth herein. is appointment may be revoked at any time by the American Motorists insurance Company. e execution o,""such bonds and undertakings in pursusnce of these presents shall be as binding upon the said ierica n Motorists Insurance Company as fully and amply to all intents and our-oases, as if the sane had been duly ecuted and acknowledged by its regulariy elegy ed of5cars at its principal of„cs in Long Grove, Illinois. IS APPOINTMENT SHALL CE;SE AND TERMINATE WI i HOUT NOTICE AS OF DECE MBER 31, 2001. s Power of Attomey is executed byy authorityor a resolution adopted by the E;ecudve Committed of the Board of eaters or said American Motorists insurancCompany on'February 23, 19888 at Long Crave, Illinois, a and ac=urate =oy of which is herein er set fcruh and is hereby csrtined to by the undersigned Secre*=ry as na in full force and effect )TED, That the Chairman or the Board, the President. or any Vice President, or their appointees designated in ing and flied with the Secretary, or the Secretary s;,all have the power and authonty to appoint agents and neys-in-,cCt;and t0 authorize them to execute On behalf Of utie COmpan , and alytaCn the Sell Or the Company -to, bonds and under kings, reccgnt_nces, crmacs &indemnity and other wridngs, obligatory in the.nature =or, and any such officers or the Canpany ray appoint agents for P- apsnce or process." Power of Attorney is sioned, sealed and certmed by acsimile under and by authority or the fallowing 'lotion adopted by the Executive Committee or the 5oard or Direors or the Canpany at a meeting duly called and an the 22-H day of February, 1988: y - i EE i eat the SlCnctur=_ of the Ch=i,;,,=n of the Scard, the President, any U►cr President a their appointees 7'=at=J In writina and died with-the �ecret2ry and the sionature are the Secresry, the seal or the Company, and lcations by the Secretary, may be _mixed by acsimile on any power of attomey or band executed pursuant to - ution adcoted by toe ;ecutive Ccimritt:=e o; the BC=rd of Direors, an February 23, 1988 and any such power so ='tad sealed and ce t;ni=d with r;pe_. ;e any bond or undo L-kina to which it is atl�..he.., shell continue to be and binding upon the Company:" stimony VVher=c-- the American MciCristS insurance Conpany has c'2used this insurum-ent to be signed elld Its IrEte seal to be a�X=d by its authored c�c:.rs this 26th day of July , 1991). :d and Certin-ed: AMERICAN MOTORISTS INSUFANC� COMPANY J. S. ,Ke:-n-er, III, Exec, Vic,: Fr esident 6t7s :VT 666T-0T-d3S CJ Z0* ;/86 Lt79T IDDIVY) 9/10 A C /99 PROD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ' �/,o HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 695 Town Center Dr, #500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mesa, CA 926;6 COMPANIES AFFORDING COVERAGE COMPANY 714-641-83SS A_ Legion indemnity Company INSURED COMPANY New trrban West, Inc. stal 8 California Conupenstion 520 Broadway, #100 COMPANY Santa Monica, CA 90401 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLIMITS LTR DATE-IMMIODfYYI DATE IMWDOI`YYI GENERAL LIABILITY GENERAL AGGREGATE 6 5000000 A X COMMERCIAL GENERAL LIASILITV GLI-0987615 (HAMPTONS 7/22/99 7/22/01 PRODUCTS-COMP/OPAGO A S000000 CLAIMS MADE Fx I OCCUR PERSONAL&ADV INJURY 4 5000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 9 5000000 FIRE DAMAGE(Any one tireii S 50000 MED EXP IAnv one atnoml a AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT z ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS HIRED AUTOS APPROVED AS `0 FORMF BODILY INJURY NON-OWNED AUTOS "ILI HTj N IT PROPERTY DAMAGE S I Ato M, GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 8 ANY AUTO ,i-t y*ttorney OTHER THAN AUTO ONLY; EACH ACCIDENT 0 AGGREGATE & EACH OCCURRENCE 3 E.''DOP EXCESS LIABILITY ADD 1. M�JIIRED UMBRELLA FORM AGGREGATE 0 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X W C STIAINTU- I B EMPLOYERS'LIABILITY W9891B36053 9/30/98 9/30/99 EL EACH ACCIDENT 1, 1000000 B THE PROPRIETOR/ INCL H No is 11 of EL DISEASE-POLICY LIMIT 6 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE 3 1000000 OTHER DESCRIPTION OF OPERATIONS(LOCATIONSIVEHWUS/SPECIAL ITEMS Re; Hamptons, Tract No. 15343 City of Huntington Beach, its agents, officers and employees are named additional insureds as per attached an C!Ea-enent ,4-4-91V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Reach EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL &A&W0*-*8 MAIL Department of Public works 30 oAys wArrrEm NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street r14 MUIPC C"ALI- Huntington Beach, CA 92648 F14 AUTHORIZED REPRES V 147468000 ...... ..... A "t'dap10 JI, .... ...... saol Ajas )is 18 UOU VT:VT GGST-OT-dAS Gt79 t7T�- X66 Lb9Z 6bS bZL ST :bt " 6661-0S-d3S 20'd • • £0'd Id101 POLICY NUMBER: GL1-0987615 GENERAL LIABILITY NAMED INSURED: New Urban West,Inc. THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,its agents,officers and employees Re: Tract 15343 of Hampton project (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. PRIMARY INSURANCE CLAUSE It is agreed that such insurance as is afforded by this policy shall be primary insurance as respects to any claim, loss or liability arising out of the subcontractor's operations and other insurance maintained by the contractor shall be excess and non-contributory with the insurance hereunder. CG2010P(11-85) Copyright, Insurance Services Office,Inc., 1984 r-0120"8 21b9t 6b9 biz, sa�cnaaS )JSTN uod SL:bt GGST-0Z-d3S f RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 15343 COUNCIL MEETING DATE: September 20, 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 Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS ... . REVIEWED RETURNED _ FORWARDED: -- Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use - Ltr9T 6tr5 bTG /0 S :bT 666T-OT-d3S ZO•d xe6 a?,79 9 � w5 .�, `-�},i� DATE IMM/DDMYIZ. A_CCRDTM :tNi�, ; il)�Fi t� 9/10 99 �, PRODUCER Q THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 17G�tf ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aon Risk Services, Inc. .V /-We t�a0� ,49 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 695 Town Center Dr, #500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Costa Mesa, CA 92626 �P��v �r 0 COMPANIES AFFORDING COVERAGE COMPANY 714-641-8355 A Legion Indemnity Com_ann_ INSURED COMPANY New Urban West, Inc, etal B California Coapenstion 520 Broadway, #100 COMPANY Santa Monica, CA 90401 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DO/YYI LIMITS GENERAL LIABILITY I GENERAL AGGREGATE a 5000000 A X COMMERCIAL GENERALLIABIUTY CL1-0987615 (HAMPTONS 7/22/99 7/22/01 PRODUCTS-COMPIOPAGG a 5000000 J CLAIMS MADE a OCCUR PERSONAL 81 ADV INJURY I 5000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE It 5000000 FIRE DAMAGE(Any One Ilre) I 50000 MED EXP(Any one person) I AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS IPar person) a HIRED AUTOS nvr.-- q .O �� — .n BODILY INJURY e NON-OWNED AUTOS (Pef occident)i�.'.4i l' ;,. �_. PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY.EA ACCIDENT I ANY AUTO .c.i ;J Attorney OTHER THAN AUTO ONLY: EACH ACCIDENT I AGGREGATE c EXCESS LIAR IIITY ADD'L• ifi(v:iiLD =.i._ai\:i_i'•. `D EACH OCCURRENCE s t1 UMBRELLA FORM AGGREGATE I OTHER THAN UMBRELLA FORM WORXERS COMPENSATION AND X WC S iai U- 0 A•. B EMPLOYERS'LIABILITY W9891838053 9/30/98 9/30/99 M EACH ACCIDENT 1000000 B THE PROPRIETOR! INCL I1 n N n 11 n EL DISEASE.POLICY LIMIT t 1000000 PARTNERS/EXECVrI V E OFRCERSARE: FIEXCL EL DISEASE-EA EMPLOYEE I 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS Re: Hamptons, Tract No. 15343 . City of Huntington Beach, its agents, officers and employees are named additional insureds as per attached endorsement __A, >,.... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF. THE ,ISSUING COMPANY WILL 61096tWOR :F MAIL Department of Public Works 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main street rlre Q A11 1M=" h-. WI! OR—� Huntington Beach, CA 92648 AUTHORIZEDREPRESE -)�+� 14746/000 .5..5.<s ::.r.:• IY ti O�U *3 :,•...,.•<.. ...::.....::::.<...>,..-.��:,;,>. „•� bT bT 666T-0T-dSS b bTLM saoin.Jag "{S18 Uod cai�cl•� L.b9T 6 S �d'd • X66 Lt�91 6bS b1L St :bt 6661-ot-d3S 20'd '1d101 POLICY NUMBER: GL1-0987615 GENERAL LIABILITY NAMED INSURED: New Urban West,Inc. THIS ENDORSEMENT CHANGES THE POLICY. READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach,its agents,officers and employees Re: Tract 15343 of Hampton project (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of`'your work" for that insured by or for you. PRIMARY INSURANCE CLAUSE It is agreed that such insurance as is afforded by this policy shall be primary insurance as respects to any claim, loss or liability arising out of the subcontractor's operations and other insurance maintained by the contractor shall be excess and non-contributory with the insurance hereunder. CG2010P(11-85) Copyright,Insurance Services Office,Inc., 1984 S0i�0'd 2.b91 6b9 b1L, saotnjas )is'N uab St:bt 6661-ot-dSS / 15 - 4� 3 r � �1zo1c? � TiCe Wotes Office of the City Clerk Huntington Beach, CaCifornia Cl• Z'1 1012- _9PU- 'c� �-eIaLS-e, a S Pile- C' om ple4-2 to lZ"1 l g `� DMA, o —ter