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HomeMy WebLinkAboutFinal Tract Map 15109 - Centerstone Co - E/Beach S/Adams - S 11TY OF HUNTINGTON BEA Fri d rich- T�MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER:PW 99-124 Council/Agency Meeting Held: 1414, 199 TaO.6 a Z d/Continued to: rove Conditionally Approved O Denied e�� t Clerk's Signature Council Meeting Date: December 6, 1999 Department ID Number: PW 99-124 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS' SUBMITTED BY: RAY SILVER, City Administratorf/e d M r; ;> PREPARED BY: r ROBERT F. BEARDSLEY, Director of Public Works C-j SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT Ne 15109 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Centerstone Development Company, the developer of Tract No. 15109, located on the east side of Beach Boulevard, south of Adams Avenue, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15109; and, 2. Release the Faithful Performance/Labor and Material and Monument Bond No. 1317993 pursuant to California Government Code Section No. 66499.7(b): and 3. Accept the Guarantee and Warranty Bond No. 1317993, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Centerstone Development Company, of this action, and the City Treasurer to notify The surety, Amwest Surety 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. TR M09 Bond Release RCA -2- 11/18/99 3:58 PM r. � e r e ee r c c EXPIRATION9 DATE -1099' POWER NUMBER 0000782646 READ CAREFULLY _ This document is printed on white paper containing the artificial watermarked logo(A )of Amwest Surety Insurance Company(the"Company')on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415)362-1188 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: MICHAEL K.FEENEY THOMAS F.FEENEY TINA M.HURT �- J.DAVID WEST AS EMPLOYEES OF FEENEY,DURLER,WEST INS SERVICE ;N its true and lawful Attorney-in-fact with limited power and authority for and on behalf of the Company surSecute, ell affix the seal of the company — u thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo bo or other written obligations in the nature thereof as follow: — O Bid Bonds up to S'•1,000,000.00 i. Contract(Performance&Payment),Court,Subdivision$••2,500,000.00 License&Permit Bonds up to S••••250,000.00 e 7' Miscellaneous Bonds up to$•• *250,000.00 /C � r; Small Business Administration Guaranteed Bonds up to$•'1,000,000.00 �\7 r5 and to bind the company thereby. This appointment is made under and by au a By-La e mpall ich are now in full force and effect. }M: I,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation D BY�TIFY that this Power of Attorney remains in full ";. force and effect and has not been revoked and furthermore,that there ons if the Board or fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. YYY �j . Bond No. 1317993 Signed&sealed thi ot 4t, C1 C1 �— Karen G.Cohen,Secretary 4F ONS T O DIRECTORS 4f 4f 4* 4t alt # 4t ilt This POA is signed and sealed by facsimile under d Amtho' o t owie utions adopted by the Board of Directors of Amwest Surety Insurance Ea Company at a meeting duly held on December 1975: RESOLVED,that the President or an e ent,in n unc wi Secretary i y J d or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the ins me vI encin poi tment' ac case,for and on behalf of the Company,to execute and deliver and affix the seal y- of the Company to bonds,undertaking, n' nces, ip obliga�r s of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously granteTany rson. RESOLVED FURTHER that an ,im a gni ce suretyship obligation shall be valid and bind upon the Company: (i) when signed by the Preside Vi resi and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any I e 'dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly. authorized attomey-in-fact or age o (iii) when duly executed and seale (if a require one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to suc person or persons. RESOLVED FURTHER that the si na re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and deli ery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal r' when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) nthe qZrslLnU o he nt' u on eh of which the person(s)acted,executed the instrument. ,auurr°ugrn WITNESS hand and official seal. PEGGY d LORM 1N S(/R� Conrnwon ilobeolit AP Oqq Notary PLAM—C RM" JQ•`U l�:n Signature r (Seal) Los Af1Q81MCotidy ? DEC.14, O's, e .Lofton,Notary Pu A My Comm.Evku q 6.1999' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sonoma On 01/19/99 before me, Claudine Mason Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared J. David West Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are O#vDIN 3Mgs0 subscribed to the within instrument and Y Pv4' acknowledged to me that he/she/they executed ;53 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 0RN�Q�1 r the entity upon behalf of which the person(s) co acted, executed the instrument. WITNESS and and official seal. i Place Notary Seal Above Signature of Notary Public i 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. i Description of Attached Document Title or Type of Document: Guarantee and Warranty Bond Document Date: 01/19/99 Number of Pages: 2 Signer(s) Other Than Named Above: l Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here i ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i i Signer Is Representing: I l 01997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. , County of Orange On January 22, 1999 , before me, Yolanda C. English, Notary Publig Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Kirk S. Evans - Name(s)of Signer(s) ( personally known to me E. proved to me on the basis of satisfactory (- evidence . I to be the person46-whose name(- is/a< ) ( subscribed to the within instrument and YOUWDAC.ENGUSH acknowledged to me that he/si,CtWy executed laxCommission# 1162233 = the same in his/p�tva(r authorized ) NotaryPub►ic-California capacity(04 and that by his/k440t{r Orange County signaturej*on the instrument the person(f,or My Comm.Wes Nov2t,200t the entity upon behalf of which the persorX acted, executed the instrument.. WITNESS my hand and official seal. I Place Notary Seal Above Signature of Notary Public ( 1 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 docume 1 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ) ❑ Corporate Officer—Ti s): ❑ Partner—❑ Limit ❑ General ❑ Attorney in Fa ❑ Trustee ❑ Guard' or Conservator ❑ Ot r: Igner Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 13, 1999 Gary L. Granville, County Clerk-Recorder P. O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements" for Tract 15109 please record the acceptance and return to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return the conformed copy of the acceptance when recorded and return to this office in the enclosed self-addressed stamped envelope. ei� Connie Brockway, CIVIC City Clerk Enclosures g:\followup\deeditr: G:\fb11owup\deed1tr 1 Telephone:714-536-5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190-2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) - ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on November 9, 1999,the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further,the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 15109. Public improvements constructed consist of the domestic water system and appurtenances, and the storm drain system and appurtenances within the private streets. The Foregoing Instrument is the City Clerk' s Original Documen Reflecting City Council Action Taken at 4&kMh& City Council Meeting Submitted for Recordation by the Orange County Recorder Attest 19 CITY OF HUNTINGTON BEACH 9 9 CONNIE 6 City Clerk and Ex-officio Clerk of the City Council of the City by: City Engineer Of Hu tington each, California. By Deputy. by: City Attorney 36655 R QUEST FOR COUNCIL ACTION MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PW 99-124 Alternative Action(s): Deny the recommended action. Analysis: On September 3, 1996, the City Council approved Final Map No. 15109 and accepted bonds from Centerstone Development Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances, and the storm drain system and appurtenances within the private streets. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 1317993 as security. Following is a list of project data: Developer: Centerstone Development Company, 151 Kalmus, Ste. J-7, Costa Mesa, CA. 92626 Engineer: Modale & Assoc., 1820 E. 16th St., Santa Ana, CA. 92701 Title Co.: First American Title Co., 114 E. 5th Street, Santa Ana, CA. 92702 Location: East of Beach Blvd., south of Adams Ave. Lots: 30 numbered lots and 3 lettered lots Acreage: 3.979 Zone: Seabride 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, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment Us : City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 1317993 3 "Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby TR 15109 Bond Release RCA -3- 11/18/99 3:58 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/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE:J P co?D-e 2 C TO: />� yJ 49=a l /!� !/ATTENTION: Name 13/ /jyj4, i� e �7-��+ DEPARTMENT: S ygt (�ffL//�• /y�loo��o REGARDING: T City,State,Zip See Attached Action Agenda Item Date of Approval�9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: � Tie d�SUr�R.: lf,5e e c6 e- 654,1 ZZ I:k Connie Brockway �� City Clerk i'�/6h Ui'!')Ci'!C� %&n/o 4YO. Attachments: Action Agenda Page Agreement Bonds Insurance RCA /Deed Other - N e Dew art RCA Agreement Insurance ther N De artment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Ihlanagement Dept. Insurance Received by Name- Company Name- Date GTollowup/coveritr (Telephone:714-536-5227) ATTACHMENT 1 _ C/D SAYBROOK nFACH DLY0. 01 AtaonQtrtN _ - BOMA r IVA. "(.•itAIIM( n r y I ED WARDS o cotmxm Wrsr y GOTHARD y NLAcn et vD. z — I o I KXVaA.ND Ln to MAGNOLIA I DOSUARD ♦ I OROOKIIVRS'C bf i WARD t1 � � ATTACHMENT 2 I have received Guarantee and Warranty Bond No. 1317993—Amwest Surety Insurance Company—for Centerstone Development Company. RE: City Clerk Vault File No. 420.60 —Approved by Council on 12/6/99. 7-94CT 161e) y Dated: 12- 3o .-c►q By. 0 City of Huntin ton Beach Y P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH - CITY TREASURER January 10, 2000 CERTIFIED AIAIL Amwest Surety Insurance Company 5230 Las Virginenes Rd. Calabasas, CA 91302 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on December 6, 1999, approved the release of the following bonds: Tract# 15109 Faithful Perfonnance and Labor& Material Bond No. 1317993 Monument Bond No. 1317993 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. denrich, CPA, CCMT r, City Treasurer Enclosures cc: Centerstone Development Company 151 Kalmus, Suite J-7 Costa Mesa, CA 92626 Bob Beardsley, Director of Public Works (no attachments) Connie Brocktivay, City Clerk(no attachments) G:`•.Deni ne`:Shari`•.1_etters'Qondl_t(i I. . • BONU NO. 1317993 PREMIUM Trrltr]ed In floe GUARANTEE AND WARRANTY BOND WHEREAS, _Centerstone Development Company as a Principal,and Amwest Surety Insurance Company a corporation organized under the.laws of the State of Nebraska and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of Tagt-y eidt tbotsX& *rne i. x :ed shy and NJ/100— representing is percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,,executors,administrators,successors and assigns jointly and severally. WHEREAS,the'said principal entered into a contract with said Obligee,dated 6/28/96 for work descrided as follows: Nv. 15/0? WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on 01 /19/9 9 i NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by mason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on Janary 19 19 99 t3arigrstcre Q3e1c pnsrtt QZrpa N ,as Principal By AmwE!srt CbTpEqY, as Smety By . Test-Attu rn�ct 1. RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15109 and Accept the Public Im rovements COUNCIL MEETING DATE: December 6, 1999 RCA..ATTAC.HMENTS....... ..:....... 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 Unbud et, 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 EXPLANAT!(�N FQR Mt551NG ATTACHMENTS ....:REVI:EWED .... R. E `URhIED : ..... .FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN 0 ITFM. Only)(Below Space For City Clerk's Use RCA Author: Bruce Crosby:jm i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 19, 1999 THIS DOCUMENT IS IN FACT THE ORIGINAL ON FILE IN THE CITY CLERK'S OFFICE AND WAS RECORDED AS THE ORIGINAL NOT A COPY. THIS DOCUMENT WAS STAMPED WITH THE CLERK'S CERTIFICATION STAMP TO ACCOMMODATE THE ORANGE COUNTY RECORDER'S OFFICE FOR RECORDATION. THE VERIFICATION STAMP WAS LATER CHANGED ON NOVEMBER 18, 1999 PER DIRECTION OF CONNIE BROCKWAY, CITY CLERK AND APPROVED BY THE ORANGE COUNTY CLERK RECORDER'S OFFICE. (Telephone:714-536-5227) 7,/ Recording requested by, and when recorded return to: Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Connie Brockway,City Clerk 1111111111 Jill 1111 No FeeOffice of he City Clerk ; CITY OFtHUNTINGTON BEACH 19990863391 12;08pm 12/21/99 P.O.Box 190—2000 Main Street 005 2023339 02 73 A04 1 6.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) -PLEASE TAKE NOTICE THAT on November 9, 1999, the City Engineer considered the Ae ubdivisio4 improvements described below, and found them to have been completed satisfactory arid accepted.. as. luiiited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A),Ahe 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. 15109. Public improvements constructed consist of the domestic water system and appurtenances, and the storm drain system and appurtenances within the private streets. The Foregoing Instrument is the City Clerk' s Original Documen Reflecting City Council Action Taken at my City Council Meeting Submitted for Recordation by the Orange County Recorder Attest sd" CITY OF HUNTINGTON BEACH 19 9 q CONNIE B City Cork and Ex-officio Clerk of the "City. Counci 1 of . the City by: City Engineer of Iiu ting-ton Beach, California. By - . Deputy.. by: City Attorney 36655 y •I Office of the City Clerk CITY of HUNTINGTON BEACH P.O. Box 190 California 92648 1 tl i�. C: lea N n4��E�* '':t,<<.•. p l y FY CENTERSTONE DEVELOPY'ENT COMPANY • Qv}?p 151 KALMUS SUITE .1-7 COSTA MESA CALIFORTJIA 92626 P,ETURNRETURN �z TO ^SENDS ;.:. _- -- 'Xf' :>> ,. r • i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTIN'GTON BEACH DATE:JRV,4 911 Z_lf , TO: �A ✓ ATTENTION: _ Name. `/ S lit fe- J— �r DEPARTMENT- 2�yt C�fT�//�. �y�lov�to REGARDING: T City,State,Zip See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. I Connie Brockway City Clerk 6y/U✓!')C/!L� %d rn/.) 411*0 Attachments: Action Agenda Page Agreement Bonds Insurance RCA /Deed _ Other CC: $&44e�/-Gy N e Department RCA Agreement Insurance ther Cld / 05 Nam Dwnment RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department -- — RCA--_.- _-Agreement.. Insurance Other Risk Management Dept. Insurance Received by Name Company Name-Date G:Followup/coverltr (Telephone:714-536-5227) ILL hz' 6 CITY OF HUNTINGTON BEA Frei d e ri eh- ".s'dYu MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PW 99-124 Council/Agency Meeting Held: 1 (o 9 9 Deferred/Continued to: Approve 43 Conditionally Approved O Denied t Clerk's Signature Council Meeting Date: December 6, 1999 Department ID Number: PW 99-124 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratov%P ° 7n > r�- � T I\ PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO:'15 D 009 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Centerstone Development Company, the developer of Tract No. 15109, located on the east side of Beach Boulevard, south of Adams Avenue, has completed all required public improvements and is requesting a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15109; and, 2. Release the Faithful Performance/Labor and Material and Monument Bond No. 1317993 pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Guarantee and Warranty Bond No. 1317993, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Centerstone Development Company, of this action, and the City Treasurer to notify The surety, Amwest Surety 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. �� TR 15109 Bond Release RCA -2- 11/18/99 3:58 PM REQUEST FOR COUNCIL ACTION MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER:PW 99-124 Alternative Action(s): Deny the recommended action. Analysis: On September 3, 1996, the City Council approved Final Map No. 15109 and accepted bonds from Centerstone Development Company, the securities furnished for Faithful Performance/Labor & Material and Monuments. The developer has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to Calif. Government Code Section 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances, and the storm drain system and appurtenances within the private streets. The City Engineer- has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer has provided Guarantee and Warranty Bond No. 1317993 as security. Following is a list of project data: Developer: Centerstone Development Company, 151 Kalmus, Ste. J-7, Costa Mesa, CA. 92626 Engineer: Modale & Assoc., 1820 E. 161h St., Santa Ana, CA. 92701 Title Co.: First American Title Co., 114 E. 5th Street, Santa Ana, CA. 92702 Location: East of Beach Blvd., south of Adams Ave. Lots: 30 numbered lots and 3 lettered lots Acreage: 3.979 Zone: Seabride 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, Cal. Admin. Code, Title 14, Chapter 3. Section 15268(b). Attachmentls): City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. 1317993 :......... 3 Notice of Acceptance of Public Improvements" RCA Author: Bruce Crosby TR 15109 Bond Release RCA -3- 11/18/99 3:58 PM • • BOND NO. 1,317993 ' . PREMIUM rlrliz3ed In woe GUARANTEE AND WARRANTY BOND WHEREAS, Centerstone Development Company as a Principal,and_ Amwest :Surety Insurance Company a corporation organized under the laws of the State of Nebraska and duly authorized to do businrss in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of Zttistty eidt tha.Eardk *cm laxrked shy and IUD/100— representing 10 percent of the contract price entered into between the Principal and Obligee,to which payment well and truly to be.made we do bind i ourselves,and each of our heirsi executors,administrators,successors and assigns jointly and severally. WHEREAS,the'said principal entered into a contract with said Obligee,dated 6/28/96 for work described as follows: WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the worts and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on 01 /19/9 9 NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obl' ee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on January 19 .19 99 Dey lcpTmt tbrpxV ,as Principal By By Angst curpariyr as btaety ' - Kr EXPIRAnON DATE 9-10-99 POWER NUMBER 0000782646 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(A )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Califomia and is only valid until the expiration date. The Company shall.not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415)362-1188 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company'),does hereby make, constitute and appoint: F MICHAEL IG FEENEY THOMAS F.FEENEY TINA M.HURT J.DAVID WEST AS EMPLOYEES OF FEENEY,DURLER,WEST INS SERVICE its true and lawful Attorney- with limited wen and authority for and on behalf of the Company stu to xecute eft affix the seal of the company Y t Po tY ll Y P Y thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo bo or other written obligations in the nature thereof as follow: _ O Bid Bonds up to S••1,000,000.00 Contract(Perrormance&Payment),Court,Subdivision S••2,500,000.00 License&Permit Bonds up to S••••250,000.00 Miscellaneous Bonds up to S••'•250,000.00 � Small Business Administration Guaranteed Bonds up to$'•1,000,000.00 and to bind the company thereby. This appointment is made under and by aut a By-La e m` ich are now in full force and effect. 1,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation D BY�RTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re ons f the Board or j ffoo on this Power of Attomey,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. , Bond No. 1317993 Signed&sealed thi o Karen G.Cohen,Secretary +� ONS T 0 DIRECTORS This POA is signed and sealed by facsimile under nd by author' o t owi'e utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December I975: VY� RESOLVED,that the President or any i e lent,in696�nhj;Iunc witl Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with authority as defined or limited in the ins me vi encin tment' ac case,for and on behalf of the Company,to execute and deliver and affix the seal ofthe Company to bonds,undertaking, n artces, s obliga pi s of all kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA previously grante rson. RESOLVED FURTHER,that an nd,unde gni ce suretyship obligation shall be valid and bind upon the Company: - _ (i) when signed by the President o any Vi rest an and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any t e 'dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly. authorized attomey-in-factor age o (iii) when duly executed and seale (ifa requir one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to suc person or persons. RESOLVED FURTHER,that the si na re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and deli ery ofany bond,undertaking,recognizance,or other suretyship obligations ofthe Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. 01 John E.Savage,Pre dent Karen G.Cohen,Secretary State ofCalifomia County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that he/she/they executed the same in his/her/their authorized capacity(ies),and thatby his/her/their signature(s) n in ent ),01 he nt u on eh ofwhich the verson(s)acted,executed the instrument. •,,a""'"'����""" WITNESS hand and official seal. PEGOY L OFMN \N S U CotrtntJNlon t;to6eo6� Signature (Seal) Comm. C� e .Lofton,Notary Pu W Evpkm Aug 6. 199P Co. DEC.14, 1995 0 "nn,... �aa� P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Sonoma On 01/19/99 , before me, Claudine Mason Date Name and Title of Officer e.( g.,"Jane Doe,Notary Public') personally appeared J. David West Name(s)of Signer(s) X personally known to me I ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are "DINE Mqs subscribed to the within instrument and G -,18t)W73. O ��CPRY P(�' ,Q 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 sO�OC/FORN�N�C the entity upon behalf of which the person(s) '('aco �z acted, executed the instrument. �fles►+�` WITNESS hand and official seal. Place Notary Seal Above Signature of Notary 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 Title or Type of Document: Guarantee and Warranty Bond I Document Date: 01/19/99 Number of Pages: 2 Signer(s)Other Than Named Above: 1 Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual Top of thumb here � ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General , CX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: l Signer Is Representing: I - _ _ 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Orangess. County of On January 22, 1999 , before me, Yolanda C. English, .Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Kirk S. Evans Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(¢-whose name(s'I. is/a< subscribed to the within instrument and YOLANDA C.ENGLISH acknowledged to me that he/sfjtWy executed Commission# 1162,) Z the same in his1KxBbx0 authorized NotoryPubtic-Catifamia capacity(0,4 and that by his/I uxgr Orange County signature(,p}.on the instrument the person,(, or My Comm.6cpke5 Nov 2t,2 - the entity upon behalf of which the persorX acted, executed the instrument. WITNESS my hand and official seal. r ( Place Notary Seal Above Signature of Notary 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 docume �. Description of Attached Document Title or Type of Document: I ) Document Date: Number of Pages: ) Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual I Top of thumb here I ❑ Corporate Officer—Ti s): (, ❑ Partner—❑ Limit ❑ General ❑ Attorney in Fa ❑ Trustee ❑ Guard' or Conservator ❑ Ot r: I Igner Is Representing: '1 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827 '' (8) • 12/6/99 - Council/Agency Agenda - Page 8 E-5. (City Council) Adopt Resolution No. 99-103—Amendments to City Classification Plan —(Information Technology Classifications) (700.10) —Adopt Resolution No. 99-103— "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Modifying the Classifications Involving Information Technology and by Adding New Classifications." Submitted by the Administrative Services Director [Approved 7-0] E-6. (City Council) Tract No. 14355 Substitution of Bonds and Subdivision Agreement— Seacliff Ventures, L.P. & Lennar Homes of California, Inc. —(Holly-Seacliff Specific Plan) n/w Corner of Garfield Avenue and Edwards Street— (Formerly PLC Land Company) (600.10) — 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM 913 212 00 and 3SM 913 211 00, (American Motors Insurance Company) the securities furnished for Faithful Performance/Labor& Material and Monuments respectively; and 2. Accept Seacliff Ventures, L.P. Subdivision Agreement and Bond Nos. SD00083514 and SD00083515,.(Frontier Pacific Insurance Company) the securities furnished for Faithful Performance/Labor& Material and Monuments respectively, and approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 3. Accept Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 111 3346 4286 and 111 3346 4294, (The American Insurance Company) the securities furnished for Faithful Performance/Labor& Material and Monuments respectively, and approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and 4. Instruct the City Clerk to notify the previous developer, PLC Land Company, of this action; and the City Treasurer to notify the bonding company, (American Motorists Insurance Company). Submitted by the Director of Public Works [Approved 7-0] E-7. (City Council) Approve the Release of Securities for Tract No. 15109 and Accept the Public Improvements—Centerstone Development—e/s Beach Boulevard, s/o Adams Avenue (420.60)— 1. Accept the improvements constructed and dedicated for public use with Tract No. 15109; and 2. Release the Faithful Performance/Labor and Material and Monument Bond No. 1317993, (Amwest Surety Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and 3. Accept the Guarantee and Warranty Bond No. 1317993, (Amwest Surety Insurance Company) 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.Clark to notify the developer, Centerstone Development Company, of this action, and the City Treasurer to notify the surety, (Amwest Surety Insurance Company) of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. Submitted by the Director of Public Works [Approved 7-0] E-8. (City Council) Accept the Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project CC-1022, and File a Notice of Completion — KAS Equipment & Rental, Inc. (600.70) —Accept the Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project CC-1022 at a final cost of$100,412, and authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. Submitted by the Director of Public Works Funding Source: Sufficient SB 821 and California State Coastal Conservancy Grant funds were authorized for this project. [Approved 7-0] j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 13, 1996 The Centerstone Company 151 Kalmus, Ste. J-7 Costa Mesa, CA 92626 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, September 3, 1996, approved the Subdivision Agreement for Final Tract Map No. 15109. We are enclosing a copy of the agreement, insurance, and bonds for your files. Sincerely, 4w;-" Connie Brockway, CIVIC City Clerk CB/cc Enclosure g1ollowup\sdivagrmt (Telephone:714-536-5227) • • SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CENTERSTONE DEVELOPMENT COMPANY FOR TRACT NO. 15109 TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee.............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 7 U&I5109/6120/96 .l SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND CENTERSTONE DEVELOPMENT COMPANY FOR TRACT NO. 15109 THIS AGREEMENT is entered into this 3rd day of September , 1996, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and CENTERSTONE DEVELOPMENT COMPANY, a California corporation hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15109; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Govemment Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 31M0 5109/6/20/96 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract, 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 2 31k/tr15109/&M/96 i 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Zoning and Subdivision Code, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Two Hundred EightpOne Thousand Six Hundred Dollars ($281,600) as prescribed by Section 255.16 therof, which security is given to CITY to insure faithful performance of this Agreement and of all of the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 3 31W15109020/96 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of § 3700 et seq. of said code, which requires every employer to be insured against liabilityxfor workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 7. INSURANCE SUBDIVIDER shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer 4 31MM 5109/6/20/96 to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS ,:Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 5 31WH 5109/6/20/96 9. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or in any bond given to secure the performance hereof, each party shall bear its.own attorney fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CENTERSTONE DEVELOPMENT CITY OF HUNTINGTON BEACH, A COMPANY municipal corporation of the State of California By. irk S Ev resident Mayor By: , ATT pr' name _ ITS: (circle one) ecreta /Chief Financial _ Officer/Asst. Secretary-Treasurer City Clerk REVIEWED AND APP VED• APPROVED AS TO FORM: ;/�;Z/ ',4 el�- aaz__-A:;3 City Adminis rator (o SbCity Attorney rp -Ti3 gliv G INITIATED AND APPROVED: City Engineer 6 31k/0 5109/6/20/96 ._ :.::<`i:i::`i`i`i:.i'i:i':'E:E.i: '.;::.:'::i::>: ISSUE DATE (MMIDD/YY) ri :.AG I G RTl ICA F INSURQN : _ : : . 19 6 21 9 6 PRODUCER THIS CERTIFICATE IS ISSUED AT MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Feeney Durler West Ins. Srvcs. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 2360 Professional Drive . P.O.LI.CI..E. ... s BELow. . . . . ............................................................................................................................................... Santa Rosa, CA 95403 COMPANIES AFFORDING COVERAGE (707) 546-4810 '........................................................................................................................................................................ COMPANY LETTER A Gerling America Ins. Company ................................................................................................................ ..................................................... .................................................................................................................................. c Y B Golden Eagle Insurance Company LEM INSURED .................................................................................................................................................................... COMPANYLETrER C CenterStoneDevelopment Co. :....................................................................................................................................................................... 3500-B W. Lake Center Drive COMPANYLETTIER D SantaAna, CA 92704 ... ....................................................................................................................................................... COMPANY E LETTER CO....................::...::.:::: :•:•::........ : ...:..:::::.:.::::::::::::: :. ::: .......................::::::.:.::::::.::::::::::::::•:.:.:::..::....:............................... 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. ......................................................................................................................................:.................................:................................;....................................................................................... 'POLICY EFTTYE ::POLICY EXPIRATION LT FEC LIMITS LTR i TYFE OF INSURANCE POLICY NUMBER i DATE (MMIDDNY) DATE(MMIDD/M A GENERAL LIABILITY................................. :'GENERAL AGGREGATE..............,=....2, 000, 000 ................................................:................................... X :COMMERCIAL GENERAL LIABILITY 8020478 QLP : PRODUCTS COMPADP A00. i 1, 000, 000 ......-............ ci"'Ms MADE X. OCCUR. ' 12/01/9 5 € 12/01/9 6 .PERSONAL a ADv.INJURY : 1100 0, 0 0 0 :.......:.:.......: ............................ X :OWNER'S 6 CONTRACTOR'S PROT. ; EACH OCCURRENCE S 1, 000, 000 .... X XCU FIRE DAMAGE(Any one fire) $ 100, 000 MED.EXPENSE(Any one person);i...................................0...0 .,.O.O.O ......<...................................................................:.....................................................................................................................................................................................:...................................... AUTOMOBILE LABILITY COMBINED SINGLE ANY AUTO LIMIT $ .............................................. ................................... ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) s ....................... ........................... ti HIRED AUTOS 'BODILY INJURY NON-OWNED AUTOS (Per eccidenQ s ........................................... ................................... :GARAGE LIABILITY PROPERTY DAMAGE:P S <...................................................................:..................................................................<....-..............................................................:...................................................................................... EXCESS LIABILITY :EACH OCCURRENCE S .......... :............................................. ...................................... UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM .....;........: .......................................................:................................................................................................................................... .........:........................... WORKER'S COMPENSATIONi..X.. .STATUTORY LIMITS............................................................................ H; NWC-253229-02 EAc►+ACCIDENT s 1, 000, 000 AND 03/22/96 03/22/97 ........................................................................................ EMPLOYERS'LUBY TTY :DISEASE-POLICY LIMIT s 1! 000, 000 DISEASE-EACH EMPLOYEE $ 1, 0 0 0, 0 0 0 ...................................................................:...................................................................:....................................................................:......................................................................................... OTHER ........................................... ' -......... ......................... .......:................................................................................................. ....................... 1 DESCRIPTION OF OPERATKINSILOCATIONSNEHICLESMECUIL ITEMS ,i'�J The City of Huntington Beach, its Agents, Off 'cera;ian' ployees are named as Additional Insured Re: Tract #15109�� . "J} per attached endorsement (Addl Insured applies to GL only) 10 DayNotice of Nonpayment of Premium ... ... .. . N E ::.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 3 0 DAYS WRITTEN NOTICE 70 THE CERTIFICA HOLDER NAMED TO THE City of Huntington Beach LEFT, �� Attn: Dennis Coulter P.O. box 190 AUTHORDZD REPRESENTATIVE Huntington Beach CA 92648 GACQRD CDE3PORATIOM 1990: Council/Agency Meeting Held: 3 Deferred/Continued to: 0 Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signai&6 Council Meeting Date: September 3, 1996 Department ID Number: CD 96-41 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis o PREPARED BY: MELANIE S. FALLON, Community Development Director SUBJECT: FINAL TRACT MAP NO. 15109 OF TENTATIVE TRACT MAP NO. 15109, WITH BONDS AND AGREEMENTS(CENTERSTONE SUBDIVISION) Statement ofissue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environme alStatus,Attachment(s) Statement of Issue: Final Tract Map No. 15109 (Centerstone Subdivision, a 30 unit single family residential subdivision), located on the east side of Beach Boulevard, south of Adams Avenue, is being submitted to the City Council for approval. Funding Source: Not applicable. Recommended Action: Motion to: "Approve Final Tract Map No. 15109 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Map: 1. Final Tract Map No. 15109 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15109 conditions of approval as approved by the Planning Commission. „� aC � ti #QUEST FOR COUNCIL ACTIA MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: CD 96-41 Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond and Labor and Material Bond No. 1317993 b. Monument Bond No. 1317993 3. Instruct the City Clerk to not 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. Subdivision Agreement Alternative Action(s): The City Council may make the following motion: A. "Deny Final Tract Map No. 15109 and not accept the offer of dedication, improvements, and bonds." CD96-41.DOC -2- 08/20/96 1:42 PM IRI#QUEST FOR COUNCIL ACT MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: CD 96-41 Analysis: A. PROJECT PROPOSAL:. SUBDIVIDER: The Centerstone Company 151 Kalmus, Ste. J-7 Costa Mesa, CA 92626 ENGINEER: Madole &Associates, Inc. 1820 E. 16th St. Santa Ana, CA 92701 LOCATION: East of Beach Boulevard, South of Adams Avenue ZONE: Seabridge Specific Plan GENERAL PLAN: Planned Community NO. OF ACRES: 3.98 NO. OF NUMBERED LOTS: 30 NO. OF LETTERED LOTS: 2 NO. OF UNITS: 30 DISCUSSION: On February 28, 1995, the Planning Commission approved Tentative Tract Map No. 15109 for a 30 lot subdivision for construction of 30 detached single family residential units. Final Tract Map No. 15109 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement through the payment of park and recreation fees in the amount of $93,599.90. The subdivider has also complied with a conditon of approval requiring submittal of an affordable housing plan prior to recordation of the map. 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. CD96-41.DOC -3- 08/20/96 1:42 PM NQUEST FOR COUNCIL ACTS MEETING DATE: September 3, 1996 DEPARTMENT ID NUMBER: CD 96-41 Environmental Status: This action to accept Final Tract Map No. 15109 is exempt from the requirements of the California.- Environmental Quality Act, Section 15628(b). On February 28, 1995, the Planning Commission approved Negative Declaration No. 94-21 for the project. Attachment(s): City Clerk's Page Number _.... ........... ..._..-- ........ . 1. Area Map 2. Tentative Tract Map No. 15109 I Tentative Tract Map No. 15109 Findings and Conditions of Approval 4. Subdivision Agreement . - � CD96-41.DOC -4- 08/20/96 1:42 PM I 1 SAYBROOK DEACN DLVO. y I ' ALCONQUVI a I-.GRAHAM 1 3nu?tGDAU r -� H 1 LDWAIIDS � o cotMEN wrzr Ki _. conIARD C� H SLAM BLVD. o I MM AND FJ Ul ' MAGNOLIA •s, DUSUARD T DROOKtIURSt' A40 td I WARD tt' 6 n z t I CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 9, 1996 Orange Coast Title Company Attn: Richard Waldau 14320 Firestone Blvd., #300 La Mirada, CA 90638 Attention: Mr. Richard Waldau Regarding: Tract Map Nos. 15109 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, CIVIC City Clerk C B:cc ' Enclosure Received by: 2� Dated: g:\followu p\tractmap (Tale phone: 714.536-5227) FEAUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Christine Cleary Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: September 9, 1996 TRACT NO.: 15109 TITLE CO.: Orange Coast Title Co., 14320 Firestone Blvd., #300, La Mirada, Ca. 90638 PHONE NO.: (714) 522-1515 TITLE OFFICER: Richard D. Waldau I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. Bruce P. CrAby 20988 NOTICE Or-COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: • i FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP NO. A PARK AND RECREATION FEES PAID: YES $ O❑ NO OTHER: • oward Zelefsky Planning Director 1 vE rl - al-- �••1 IL.:":I H,T.555 rn• LEQE,ID NOTE! _ rrt,-a,. e>1' • '1 I I ,, talatlq 1lRI[•Cvl.Ntpl tdlq.R•p ID4 tR[II I[ryR J. F'_:I. 3 �„r,a •1 rRAtT eDR•AAT E, rapotm M.i1.LLt rK•n'N�.atlwolistpr•0d[Rlift wNATEI.mawR.n1. +s f�]e'TLI'N �y�I� ..p �z l T.iD::i ne.vl•I O7 LOT MR•CR ost rK.a.an. w •1 I [_[ EIA[[I Q•OC s• Ina01[ttR1S.A ,0[teNtq•itSSRIit I..MITI.Vim AN, {i■ N 00'Y'Sr• I I +/+fy atea pllr STt{rR n R RDItA1W 10 1K[Ill K[ .s r �— [LIST.C TOUR rtpuR ;ntttdiD� Rj�[LR RI[li 0 C.MI to k21 •. ^O , ,7 6 10,p LVIs •. rRLIC•RY.•Is IW,•IR tnlr Y11RR1 10 ro 1lOi IK K;[IDN v 0 1 .1, R.d tDAt.•�LD Rlu I y Q I 1/• / / 111) O —M— WEN LINE R QOI4RD 10,I[[Ill p yRlttd ROI sDI f I IN,..t IID a1Et .r11eA a.a.tow Y LOIa —E— RYER LINE •IS T d M w, E. InIt Klwlli.M t rW1 rIR LNR[•K t1Al.,IlDO Rad ••. j • •M/ ' yNE,tySR I tD 61pR p1•IM 41Id a,tltR I14t�IULD ue ROWo. le INE.t[IIl w� h • yy O.aM lilCL R•d, eMs""I eN R b' • IY161.KNI rlF[E ON R•.11[e d(•d Lot Rat10 D. p O.K.IL.rta y •��. D1( b w ' ABANDONED, CA1r[DOa M11Lt ,111 e,NMll.itd Rb1 SIROIYt.—_1110— Lon.R RErl•n Rt te p In SIR er ALL r[RK. Q TREET °'A' R a e. 1NIa suolatl11 n WITHIN .Ia i•.Ian.Oil rin K IL 1 Ip L SII[a NSI(• d INNS raRl•,1 IS RD p 1K w qK .Rr1OA. .1. Yl.ap[p.CA•.(D a0 K.1[p. A ..t BARS.I IN 1..p1 t r„�1 i I-a 1.—It, a'K L.$•R^I.O"E[.Ila1P O. 'O'• • rF I lT' 1WQ� n etD•ca ' rt- ® tt `e• j O E.� / y m D:iN• I• ® A °' .earipNArW - 1 I fill O % .1w fli e• r;_ • L1PB t eV11[R f1FB �© .F O �`/. I T1PE•[•t;Nl 1vDF'FT •C.MSL•[N, lit 2 I 1 RM 7: CIAIe L WI[. Fly acEw \ •��i� Q I TrFE•c•.csim A[FAUEt•(M . ., IV r. 1• '1 i.•� I L cJuea_w_InR IV t bf, • STREET TYRCAL SE ON ` c . ., I \ y, •' 'r�` I S1REEi 9•,SlOE[I•s•, • N ,j+ SIRIEI•c•-siRE T•o• INDIANAPOLIS AVE_ STEi7V� IN THE CITY OF FUNTINCTCN BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA RECOF0 GVVMM SUBDIVIDER ENGRAEM BEIIC A�SUBDIVISION OF LOT t OF TRACT ND.11ar3 AS SHOW " Il f �•y! 9.IV 210H5 FIRST NATIONAL BANK THE CENTERSTONE IA. nADCLE E ASSOCIATES. INC. ON A MAP IN BOOR 523.PACES a5.a6 Am 47 al nIBaLLANEous 151 RALIUS SUITE J-r 1520 E.151N STREET MAPS IN THE OFf ICE OF T1E COUNTY RECORDER OF BA 10 C0I/I7T. �7), Cr0 151 nALnUS SUITE J•7 COSTA MESA.CA. 92525 SANTA ANA. CA. 92r01 %�. COSTA RSA. CA. 92525 Ir I.1 93r-3120 171.1 575.25.5 30 NUMBERED LOTS 2 LETTERED LOTS ��� �j�7 AREA- 3.98 ACRES Y•.� LOC" W,j.�AP OEEEIl1ER 1994 .•.:. .1(RI.111.tEIOP ItLA.1 WRAL[ 310.>et 'I•te In R-A.-M M...AN♦t[t-nAl c> . I t i . • I have received the Faithful Performance Bond, the Labor and Material Payment Bond, and the Monument Bond for Final Tract Map Nos. 15109, Centerstone Company. Dated: The Centerstone Company 151 Kalmus, Ste. J-7 Costa Mesa, CA 92626 5 SOND91317993 PREMIUM,Zncluded In Performance Bond i MONUMENT BOND ' KNOW ALL MEN BY THESE PRESENTS: i 7}iAT CenterStone Development_Company as Subdivider of Tract No. 15109 in the City of Huntington Beach,County of Orange,State of Cardomia,has submitted to said City a Final Map of said tract containing an engineer's or surveyors cerfrficate stating that a))final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid CenterStone Development Company (Subdivider) as principal,and Amwest Surety 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 Three Thousand One Map,in accordance with said map and said certificate up to but not in excess of the sum of Hundred & No/100 3�1(l0_fl0 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California IN WITNESS WHEREOF,we have executed this instrument this 28th day of June 19 96 CenterStone Development Company as principal • By: /.G���� By: l�1� Amwest t I urance Company as Surely By: By. J. David West — Attorney—In—Fact E>TIRATION DATE 2-08-97 POWER NUMBER 0000562318 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(w )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the PDA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this PDA may be made by any person. This PDA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited PDA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity ofthis PDA or an accompanying Company bond should call your local Amwest branch office at (415)362-1105 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: MICHAEL K-FEENEY THOMAS F.FEENEY J.DAVID WEST AS EMPLOYEES OF TOM FEENEY INSURANCE AGENCY its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company surSecute, elu affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo bo or other written obligations in the nature thereof as follow: O Bid Bonds up to S'•1,000,000.00 Contract(Performance&Payment),Court,Subdivision S••2,5W,000.00 and to bind the company thereby. This appointment is made under and by au a By-La e m ich are now in full force and effect. 1,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation H BY�TIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re •ons f the Board fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an cfy. Bond No. 1 11799 3 Signed&sealed thi o Karen G.Cohen,Secretary #t tlr # +M t► • +► +IF +! +! ONS T O4eutionls IRECTORS 4t • i! +Ir This POA is signed and sealed by facsimile under d by autho o t owi adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: VY� RESOLVED,that the President or any i e ent,in �;u w�tlSecretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authorin•as defined or limited in the ins me vt encin tment ac case,for and on behalfofthe Company,to execute and deliver and affix the seal ofthe Company to bonds,undertaking, n. ces, obliga pr ss of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously grante on. RESOLVED FURTHER,that an nd,unde gni cc (suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi resi and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any i e dent r ry or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or age o (iii) when duly executed and sealed(if a requir one or more attorneys-in-fact or agents pursuant to and within the I imits of the authority evidenced by the power of attorney issue ompany to suc person or persons. RESOLVED FURTHER,that the si nat re of any authorized officer and the seal of the Company maybe affixed by facsimile to any POA or certification thereof authorizing the execution and deli•cry of any bond,undertaking,recognizance,or other suretyship obligations ofthe Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. t� 49��4_ 1 Ilk4Z6. i__ tA 0, John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14, 1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) nthein ru en he er. n( ,o he nti v u on heha ofwiuich the verson(s)acted,executed the instrument. ,..........11111,18....... WITNESS hand and official seal. PECCY L LOPION 1 N S(J9'�- cotn�tWton fI06806i •''��: p;P 0/q Nolan canes"Pt�ic— Qf V Ix 0= Signature (Seal) LOta AnpdM CatJr1y to J t %(f1 e .Lofton,Notary Pu My Comm.ExpIYM Aug 6.IM — DEC.14, __ 1995 to`. Z Q 'O; P LBAP.KANMQ Comn+Yoni 1W117a STATE OF CALIFORNIA ) omnpc tr SS My Carrot Emmet Mb 17.2= COUNTY OF ORANGE ) ON BEFORE ME, �—I Sc, �a m rn n Z A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED X<ee-r. d5' /0,+S AND ���/t� GUuz/s . % re- PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY H D SIGNATURE', MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLI• IN AND FOR SAID VATE j IN C;ra na< COUNTY A A.M(Yl o I- (NAME PRINTED) MY COMMISSION EXPIRES r 17 t_xx� STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 9090 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Sonoma On 6-28-96 before me, Richard L. Kalar DATE NAME,TITLE OF OFFICER-E.G.,*JANE DOE,NOTARY PUBLIC' personally appeared J. David west 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 ac- knowledged 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. WITN y hand and official seal. :. SIGNATURE OF TARY 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 El GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE m1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 , • NO NO. 1317993 �RF7vtIUM i I FAITHFUL PERFORMANCE BOND WHEREAS.the City Cound of the City of Huntington Beach,State of Catifornia,-and CenterStone Development Company (hereinafter designated as'pr n#al'j have entered'mto an agreementwhereby principal agrees to install and complete designated pubfic improvements,wtuch said agreement,dated 6-28 l g 9 6 ,and identified as projectTract #15109 is hereby referred to and made a part hereof,and WHEREAS,said principal is regtared under the terms of said agreementto furnish a bond r for the faithful performance of said agreement Now,therefor,we,the principal and Amwest Surety Insurance Company as surety,are held and firmly bound unto the Cfty of Huntington Beach,hereinafter called'City',the penal sum of Two Hundred Eighty One Thousand donors(S 281 ,800`.00 1 Eighty Hundred & No/100 ------------ lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,fimtly 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 the time and in the manner tr erein specified,and in all respects according to teir true intent and meaning,and shall inder.'riy and save harmless'Uy%its officers,agents and employees,as therein stipu!a'.ed,then this obligatcn shall become null and void;otherwise it shall be and remain in full force and effect As a pan of the obligation seta;ed hereby,and in addition to the face anount specifed therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. r t 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be perforrned thereunder or the specifications accompanying the same shag in anywise affect its obfiga6ons on this bond,and it does hereby waive notice of any change,extension of time,attention or addition to the temu of the agreement or to the work i • or to the specifications. In witness whereof,this instrument has been duty executed by the principal and surety above named,on 6-28 .19 96 ' CenterStone Development company Principal B Amwest Surety Insurance Company as Surety By By J. David West — Attorney—In—Fact 2 EXPIRATION DATE 2-08-97 POWER NUMBER 0000562318 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(w )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415)362-1105 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: MICHAEL K.FEENEY THOMAS F.FEENEY J.DAVID WEST AS EMPLOYEES OF TOM FEENEY INSURANCE AGENCY its true and lawful Attomey-in-fact,with limited power and authority for and on behalf of the Company sur�ecute, eli affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Ac o r perfo n bo or other written obligations in the nature thereof as follow: O Bid Bonds up to$••1,000,000.00 Contract(Performance&Payment),Court,Subdivision S••2,500,000.00 and to bind the company thereby. This appointment is made under and by au a By-La e m Mich are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation D BB TIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re ions f the Board�lc fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. �y( Bond No. 1-417993 Signed&sealed thi of ji in t- Karen G.Cohen,Secretary ilt i1F aft +k iIt �It �It +It +IF ONS T O DIRECTORS 4F 4f 4t 4F 4f aft 4t 4t ♦ �It This POA is signed and sealed by facsimile under d by autho 0 owi�e utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: RESOLVED,that the President or any i ent,in nJunc wi�Secretary or any Assistant Secretary,may appoint attomeys-in-fact or agents with authority as defined or limited in the ins me A encin po tment' aclf case,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertaking, . ces, s �p obliga pr s of al l kinds;and said officers may remove any such attomey-in-fact or agent and revoke any POA previously gran rson. RESOLVED FURTHER,that an nd,unde gni c�suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi re and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any V 'dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-in-fact or age 'o (iii) when duly executed and seal (if a requir one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issue ompany to such person or persons. RESOLVED FURTHER,that the si na a of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and deli ery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. 4!1:r "t/ 1 John E.Savage,Pre dent Karen G.Cohen,Secretary State of Califomia County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that he/she/they executed the same in his/her/their authorized capaciry(ies),and that by his/her/their signature(s) n t in�en he er n o he nt' u on ehhe er n o he nt' u on eh _ of which the oerson(s)acted,executed the instrument. \\\\111111111111111111/j y WITNESS hand and official seal. PE6CVS.LOFfON U9'••,,, Con,ntwon#10" e� DPP Oq, '9?,- 6 Notary PJAC—Cdlbrtdo Q•'G • S. Signature (Seal) Los AnpMwC W*f E e Lofton,Notary PubLW My Comm.80m Am 6.1990 DEC.14, �;0 -F- 1995 P LNA P.KAfiAM Cwm6don/1091173 Nday PAIL—Ccgwft STATE OF CALIFORNIA ) omwc * ) SS LY Cann boa Mar 17.20=W COUNTY OF ORANGE ) ON -T&C w 34.1-??6 ,BEFORE ME, n.m mQ Z A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND A a'a it edoc Av PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY H.ND SIGNATU _ J2rMY PRINCIPAL PLACE OF BUSINESS IS NOTARY BL IN AND FOR SAID tTATE IN Q rr� i-�a�?�COUNTY 1, 1 sc P- .9 Q m r n O �. (NAME PRINTED) MY COMMISSION EXPIRES Par. 1 I. -aU- STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090 2 8090 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.S907 State of California County of Sonoma On 6-28-96 before me, Richard L. Kalar - DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared J. David west " NAME(S)OF SIGNER(S) ' Ixi] 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 ... 1317993 EMIUM Tnr•1 r,rlcra r Pe$formance Bond LABOR AND MATERIAL_BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,afld CenterStone Development Company (hereinafter designated as Trincipal')have entered into an agreement whereby principal agrees to install and complete designated pubic improvements,which said agreement dated 6-28 I 19 96 .and identified as pnojectTract #15109 is hereby referred to and made a part hereofi and WHEREAS,under the terns of said agreement principal is required before entering upon the*performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Tite 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. i Now,therefore,said principal and the undersigned as corporate surety,are held:fim-dy bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and I other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of One Hundred Forty Thousand Eight 140 800.00 Hured & No/100 dollars(S 1,for materials furnished or labor Thousand -Eight 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'Ci y'in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipuln.ed and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file ciaims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so is to give a right of action to them or their assigns in any sun brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner I t040 t I affect its obligation on this bond,and R does hereby waive notice of any such chat,extension,alteration or addition. In witness whereof,this insirmient has been fully executed by the principal and surety above named,on 6-28 .19 96 1 CenterStone Development Ccmpany as principal By: By Amwest SLWet_yInsutxance CaTipany as Surety ! B . By. J. David West - Attorney-In-Fact STATE OF CALIFORNIA ) CmvnWmi 1�O1i1 7S., ) SS NotMPLOfa—Clomp COUNTY OF ORANGE ) Or npeCou"y My Cormti bo"Mar/7, -� ON 4//y, 30 /� & BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED_,ej �S.a,9 AND 11a,^eh.21 PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS.OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY 7i'_k D SIGNATURlit m M tl, MY PRINCIPAL PLACE OF BUSINESS IS NOTARY P BLI IN AND FOR SAID S ATE /� IN (-)r-a rv-JF_ COUNTY L+ ;� �. n rrnma-I-- (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND_ PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC)N AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES ' Amo EXPIRATION DATE 2-08-97 POWER NUMBER 0000562318 READ CAREFULLY This document is printed on white paper containing the artificial watermarked logo(A )of Amwest Surety Insurance Company(the"Company")on the front and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of California and is only valid until the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (415)362-1105 KNOW ALL BY THESE PRESENT,that Amwest Surety Insurance Company,a Nebraska corporation(the"Company"),does hereby make, constitute and appoint: MICHAEL K-FEENEY . THOMAS F.FEENEY J.DAVID WEST AS EMPLOYEES OF TOM FEENEY INSURANCE AGENCY its true and lawful Attorney-in-fact,with limited power and authority for and on behalf of the Company surStoecute eli affix the seal of the company thereto if a seal is required on bonds,undertakings,recognizances,reinsurance agreement for a Miller Act o r perfo bo or other written obligations in the nature thereof as follow: O Bid Bonds up to S••1,000,000.00 Contract(Performance&Pa)7nent),Court,Subdivision$'•2,500,000.00 and to bind the company thereby. This appointment is made under and by au a 7e By-La e m �w7fich are now in full force and effect. I,the undersigned secretary of Amwest Surety Insurance Company,a Ne corporation H BY RTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the re ons f the Board o fo on this Power of Attorney,and that the relevant provisions of the By-Laws of the Company,are now in full force an ct. Bond No. 1117993 Signed&sealed thi o Karen G.Cohen,Secretary +It +It ♦ # +If +I► +It +It • +IF ig ONS T O DIRECTORS 4+ ♦ i ♦ tlt M ilt ilt ♦ ♦ +! This POA is signed and sealed by facsimile under d by autho o t owi�p,Le utions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 1975: RESOLVED,that the President or any a ent in nJunc wiSecretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the ins me vi encin po tment' aclfcase,for and on behalf of the Company,to execute and deliver and affix the seal of the Company to bonds,undertaking, n. nces, s p obliga s of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any POA previously grante rson. RESOLVED FURTHER that an nd,unde �gni cc suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President o any Vi resi and and sealed(if a seal be required)by any Secretary or Assistant Secretary;or (ii) when signed by the President or any i e dent r or Assistant Secretary,and countersigned and sealed(if a seal be required)by a duly authorized attomey-i n-fact or age o - (iii) when duly executed and sealed(if a requir one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced _ by the power of attorney issue ompany to suc person or persons. RESOLVED FURTHER,that the si na re of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification _==_ thereof authorizing the execution and deli ery of any bond,undertaking,recognizance,or other suretyship obligations of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,Amwest Surety Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal to be hereunto affixed this 14th day of December,1995. John E.Savage,Pre dent Karen G.Cohen,Secretary State of California County of Los Angeles On December 14,1995 before me,Peggy B.Lofton Notary Public,personally appeared John E.Savage and Karen G.Cohen,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 all that — he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) the e n .o he nY tv u nmnn heh of which-the Derson(s)acted,executed the instrument. ",,.•........ ",,•,.,,� WITNESS hand and official seal. PECCY L OFTON y %N S Uq conwidula 010fi1'M :.� .�•!� . P Oq '9y Ian Ptlblc—caNb"No J�::(j0 '9) :� Signature (Seal) Los ArtpsiavApj ty Z m e .Lofton,Notary PubW My Comm.ExpUM Aug 6.IM '_CO — DEC.14, 1995 P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Sonoma On 6-28-96 before me, Richard L. Kalar DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared J. David west NAME(S)OF SIGNER(S) , l� 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 ac- knowledged 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. WITNE my hand and official seal. . . ..... 1,t. e.-...;..'.. _ _ SIGNATURE OF OTARY 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 El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ® Huntington Beach Planning Commission NNNNNNNNNNNNNNNNNNNNNNNNNN P.O. Box 190 California 92648 Date: March 3, 1995 NOTICE OF-FACTION - A�blicant: Centerstone Development Company, 151 Kalmus Drive, Suite J-7, Costa Mesa, California 92626 Subject: TENTATIVE TRACT MAP NO. 15109/CONDITIONAL USE PERMIT NO. 94-40 Your application was acted upon by the Huntington Beach Planning Commission on February 28 1995 and your request was: WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached). DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of five hundred ($500) dollars and be submitted to the City Clerk's office within ten(10) days of the date of the Commission's action. In your case, the last day for filing an appeal and paying the filing fee is March 10, 1995 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. (pcna023-4) 44 & Huntington Beach Planning Commission 0 0 P.O. BOX 190 CALIFORNIA 92648 March 3, 1995 Centerstone Development Company • 151 Kalmus Drive, Suite J-7 Costa Mesa, California 92626 SUBJECT: TENTATIVE TRACT MAP NO. 15109/CONDITIONAL USE PERMIT NO. 94-40 PROPERTY - OWNER: Zion's National Capitol Bank, c/o Callister Nebeker&McGullow, Suite 800 Kennecott Bldg., Salt Lake City, Utah, 84133 REQUEST: To allow a 30 lot subdivision for a planned unit development consisting of 30 detached residential units. The conditional use permit also includes the following requests: to permit development of a site that has a greater than (3) foot grade differentiation between the high point and the low point before rough grading, and to permit retaining walls which exceed two (2) feet in height. LOCATION: East side of Beach Boulevard, 400 feet south of Adams Avenue t DATE OF ACTION: February 28, 1995 FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 15109: 1. The size, depth, and frontage of the proposed 30 lot subdivision for 30 single family detached residential units is in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. Area B within the Seabridge Specific Plan was previously studied for this intensity of land use at the time the General Plan designation of Planned Community was implemented. The proposed medium density residential designation (15 units per gross acre) would allow for the proposed thirty unit project at a density of 7.5 units per acre. 3. The General Plan has set forth provisions for multi family residential uses as well as setting forth objectives for the implementation of this type of use. 4. Tentative Tract Map No. 15109 for a 30 lot subdivision for 30 single family detached residential units, is consistent with the goals and policies of the Huntington Beach General Plan. The proposed project is consistent with the Planned Community land use designation of the General Plan. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 94-40: 1. The location, site layout, and design of the proposed 30 single family detached residential units, properly adapts the proposed structures to streets, driveways, and other adjacent ' structures and uses in a harmonious manner. The project's design includes setbacks and building bulk is compatible with the design of the existing developments within the Seabridge Specific Plan area. 2. With the suggested conditions imposed, the access to and parking for the proposed residential development will not create an undue traffic problem on the arterial highway directly to the west of the project. The gated entry will facilitate the site's ingress and egress traffic without impeding through traffic along the arterial. 3. The planned residential development for 30 single family detached residential units does conform to the provisions contained in Chapter 210.of the Huntington Beach Zoning and Subdivision Ordinance. 4. The proposed project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor injurious to property and improvements in the area. The 30 unit residential project will function as a compatible residential project. 5. The proposed project will not adversely affect the General Plan of the City of Huntington Beach. The proposed development of 30 single family detached residential units, is consistent with the Planned Community land use designation of the General Plan. 6. The three and a half(3 1/2) foot high retaining walls on the exterior property lines,-which exceeds the code requirement of two(2) feet in height, and the development of the site with a grade differential of 18 feet between the high point and the low point, which exceeds the code requirement of a 3 foot high maximum grade differential between the high point and the low point, will result in a better living environment and a design that is compatible with the surrounding area and will provide for maximum use of aesthetically pleasing types of landscaping, design and building layout. 7. The three and a half(3 1/2) foot high retaining walls along the exterior property lines and development of the site with an 18 foot grade differential between the high point and the low point, will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. 8. The three and a half 3 1 foot high retaining w •( ) of g ret g walls along the exterior property lines and development of the site with an 18 foot grade differential between the high point and the low point, are consistent with the objectives of the Planned Community standards in achieving a development which is integrated with and compatible with the surrounding environment. CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 94-40: 1. The site plan, floor plans, and elevations received and dated February 21, 1995, shall be the conceptually approved layout, with the following modifications: a. The rear building elevations of lots along Beach Boulevard shall have architectural upgrades such as window treatments, as well as wood siding along the entire length of the second floor of each unit, to enhance the aesthetics of the project along the Beach Boulevard perimeter; b. The rear building elevations of lots abutting the multi-family residential development to the south of the property shall have architectural upgrades such as window treatments; and, c. The eight foot high block wall (measured from the project side-of the property) located along the northern property line of the project shall have a decorative band located along the entire length of the upper portion of the wall or some other decorative feature approved by the Community Development Department in order to soften the appearance of the concrete block wall. 2. Any future additions to the single family residential units shall be restricted to the standards contained in this report and the Specific Plan. 3. All fencing over 42" in height shall conform to the setback standards for buildings contained in the Specific Plan. Fences up to 42" inches high may be permitted in the front setback area provided they are setback a minimum of three (3) feet from behind the sidewalk or a minimum of five(5) feet from the back of the curb, whichever is greater. a. Perimeter walls may be up to eight (8) feet in height unless noted herein. Double walls shall be prohibited except that such double wall may be acceptable along the.southern property line only if: 1) The Homeowners' Association absolutely disallows the removal of the existing wall; and 2) The new wall does not create a greater than six (6) inch gap from the existing wall. 4. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. The markings, indicating the size, model number and serial number shall be visible on the back flow devices (BD). (pcc1023-5) V. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets (BD). c. If foil-type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans (BD). d. Elevations shall depict colors and building materials proposed, be consistent with Condition No. 1 herein and be subject to Design Review Board approval.. e. If outdoor lighting is included, high-pressure.sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. The developer shall install an on-site lighting system on all vehicular access ways, within unenclosed parking areas, and along all major walkways. A lighting plan shall be submitted for approval to the Director of Community Development. g. The conditions of approval shall be printed verbatim on the coder sheet of all plans submitted for plan check. 5. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that require removal shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. "Drought tolerant" plants and turf shall be used for all landscaping (PW). b. All structures on the subject property, whether attached or detached, shall be constructed in compliance to the State's acoustical standards. Evidence of compliance shall consist of a noise study or acoustical analysis report, which includes evidence of adequate sound attenuation to comply with the City's Noise Ordinance and State standards. Such study shall include noise attenuation measures such as setbacks, soundwalls, insulation and landscape buffers for the residential development, and shall be submitted to the Community Development Department for review and approval. All windows shall be double pane for noise attenuation purposes. c.. A grading plan shall be submitted to the Department of Public Works for review and approval. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works (PW). d. The final map shall be accepted by the City Council, recorded with the County Recorder and a reproducible copy of the recorded map filed with the Department of Public Works ('W)• e. The configuration of the proposed security gate shall be subject to approval of the Public Works, Police, Community Development and Fire Departments. A"statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403 and the following shall be provided: 1. Calculations signed by a qualified registered traffic or civil engineer which demonstrates that the stacking distance from she public right-of-way to the security gate is adequate for storing all waiting cars on site during the weekday evening peak hour (PW); and, 2. Geometric design that permits a complete turn around to exit by a standard SU-30 Design Vehicle if entry into the complex is denied. Specifically, the design vehicle shall be able to enter the site and return to the public street without backing into vehicles entering or exiting the secured area (PVAD. - f. A plan shall be submitted showing water system improvements including service connections to each unit; back flow devices and other appurtenances shall be in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and Fire Department prior to construction. g. Landscape irrigation system shall be designed and constructed to include a separate water service connections from domestic service connections. The developer shall submit irrigation demands to ensure proper irrigation sizing, h. iAn interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for, contractors, construction workers, etc., during the project's construction phase. i. Code Amendment No. 94-5 shall be approved by the City Council and in effect. j. A method to fill in the gap between the southerly end of the east property line and an existing retaining wall on the Orange County Flood Control Channel property shall be identified on the plan and subject to Community Development Department and OCEMA approval. k. A plan to remove the vehicle bridge and dilapidated pedestrian bridge crossing the flood control channel immediately to the east of the project shall be submitted to the Community Development Department for review and approval. Such plan shall be subject to OCEMA approval. 6. Prior to issuance of grading permits the following shall be completed: a. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot (PW). c. A landscape plan and an irrigation plan shall be submitted to the Department of Public Works for review and approval (PW). d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets and utilities (PW). - - 7. Fire Department requirements are as follows: a. Electronic gates at the main entrance off Beach Boulevard shall comply with Fire Department Specification No. 403. Such gates shall be a minimum 24 feet in width. b. All roadways shall comply with City Specification 4401. Minimum roadway width shall be 24 feet. All turns and turnarounds in the roadways must be-capable of providing a 17' x 45" radius turn for fire apparatus. These roadways must be marked and posted as fire lanes to comply with City Specification 9415. c. Street names shall be submitted to the Fire Department and comply with City Specification #409. d. Five (5) fire hydrants will be required for the project. They shall be installed in locations approved by the Fire Department. e. The project shall comply with all provisions of the Huntington Beach Fore Code and City Specification 4422 and#431 for the abandonment of oil wells and site restoration. 4 f. The project shall comply with all provisions of City Specification #429 for new construction within the methane gas overlay district. g. Water mains and fire hydrants shall be installed and in service prior to any combustible construction. h. All roadways shall be completed to the base course of asphalt prior to any combustible construction. i. All buildings not within 150 feet of the property line on flag lots where fire department access is inadequate, or buildings larger than 5,000 gross square feet, shall have automatic fire sprinklers installed with a 2 inch water service. 8. 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 (BD). 9. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site (BD): b. Wet down areas in the late morning and after work is completed for the day (BD); c. Use low sulfur fuel (.05%) by weight) for construction equipment (BD); d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) (BD); e. Discontinue construction during second stage smog alerts (BD). 10. Prior to final building permit inspection approval for the first unit, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. c. Prior to final inspection of the first unit, the applicant shall obtain a"Letter of Map Amendment' from the Federal Emergency Management Agency for the entire project (BD). d. Prior to final inspection of the first unit, a reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition by the Director of Community Development (PW). 11. Conditional Use Permit No. 94-40 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time as may be granted by the Planning. Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 12. All applicable conditions of Negative Declaration No. 94-21 shall be complied with. CONDITIONS OF APPROVAL- TENTATIVE TRACT MAP NO. 15109: 1. The tentative tract map received and dated February 16, 1995 shall be the approved layout. 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. Thed vel ehal submit eshowing e op s l s bm t a separate utility plan water system improvements, including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable provisions of the Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division prior to any construction, by the Public Works Water Division and the City of Huntington Beach Fire Department (PW). b. Each proposed building shall have a separate water service per Water Division Standard Plans (PW). C. The water system shall be designed per the City if Huntington Beach Water Division's design criteria, and shall be installed per the City of Huntington Beach Water Division's Standard Plans and Specifications (PW). d. The water system shall be located within vehicle travel-ways in an easement dedicated to the City. The developer shall be responsible for repairing enhanced pavement if the water mains or appurtenances require repair or maintenance (PW). e. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel-ways (PW). f. A two (2) foot easement for pedestrian purposes located behind the private street sidewalks shall be recorded concurrently with the final map (PW). . 9. Street lights shall be installed on Beach Boulevard per Public Works Specifications (PW). h. Sidewalk width on Beach Boulevard shall be thirteen (13) feet (PW). i. The following dedications shall be required (PW): 1. Access rights in, over, access, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system; 2. An easement over the private streets for police and fire department access purposes; 3. The water system and appurtenances as shown on the improvement plans for this tract; and, 4. A 2.00 foot public utility easement located on either side of the private streets. j. The sewer system and appurtenances within the private interior streets shall be . owned and maintained by the homeowner's association. k. The new storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. 1. All vehicular access rights to Beach Boulevard shall be released and relinquished to the City of Huntington Beach except at private street intersections (PW). M. Hydrology ann*ydraulic studies shall be submitted Jkft Works review and approval (PW). n. A.sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development (PW). o. The developer shall use "drought tolerant" plants and turf for all common area landscaping (PW). P. All common area improvements, including landscaping, streets, and recreational facilities, shall be completed, or a cash bond may be posted with the Department of Public Works, or State Department of Real Estate, vJmich will guarantee the completion of the common area improvements. q. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 (PW). r. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital-graphics file of the final map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange Subdivision manual, Subarticle 18 (PW). S. The existing turnout and curbcut on Beach Boulevard shall be removed per Cal- Trans and Traffic Engineer requirements (PW). t. Lots "A' and "B" on Beach Boulevard shall be maintained by the Homeowners Association (PW). u.- The applicant shall submit an affordable housing plan which provides for 10% of the total units (equal mix of 3 units) approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction or available to the public prior to final building permit for the homes in Conditional Use Permit No. 94-40. The plan shall include, but is not limited to: 1. Build affordable units at an alternative location which is under control of the applicant. All units shall be constructed prior to or concurrent with the primary project and final approval of the project shall be contingent upon completion and final approval of the affordable units. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term (30 years). 4. Other options which generate new opportunities for low and moderate affordable housing units for thirty (30) years. (pcc1023-11) 5. In lieu3"ees may be aid only if an affordable ho• ordinance is adopted Y P Y g P and a resolution for in-lieu fees is adopted prior to recordation of the final tract map. V. Code Amendment No. 94-5 must be approved by the City Council and in effect. 3. At least 60 days prior to recordation of the parcel map, CC&R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The `CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&R's shall also include Conditions of Approval 42 and 43 of Conditional Use Permit No. 94-40. The CC&R's must be in. recordable form prior to-recordation ofshe map. 4. All applicable conditions of Negative Declaration No. 94-21 shall be complied with. CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid (PNNO. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15109, and Conditional Use Permit No. 94-40 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit (PW). 6. Pafk and Recreation Fees shall be paid at the time the final map is accepted by City Council or issuance of any building permits, whichever occurs first (BD). 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays (BD) 8. An encroachment permit shall be required for all work within the public right-of-way (PW). 9. A Cal-Trans permit shall be required for all work within Beach Boulevard (PW). I herebycertify Tentative Tract Ma No. 15109 and Conditional Use Permit No. 94-40 were fY p e e approved by the Planning Commission of the City of Huntington Beach on February 28, 1995, upon the foregoing findings and conditions. This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval. Sincerely, Howard Zelefsky, Secretary Planning Commission by: _ Scott Hess*J Senior Planner Reviewed by: Plannin Commissioner POLICY NUMBER 8020478 GLP COMMERCIAL GENERAL LLABMX Y Centerstone Development Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS FORM B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person, organization, partnership or joint-venture listad on a Certficatc of Insurance on file with us, for which you have agreed in a written contract to provide liability insurance. (If no entry appears above, information required to complete this endorsement will be shown in the Doclarations 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 rtispect to liability ansing out of"your work" performed for that insured by you or on your behalf. If the additional insured is an architect, engineer or surveyor, we won't cover "bodily injury" or "property damage", "personal injury" that results from the performance or failure to perform any "professional services"for you or on your behalf. "Professional services" include but are not limited to the fo&wing: I. The preparing, approving, or failure to approve maps, drawings, opinions, reports, surtievs, change orders, designs or specifications; and 2. Supervisory, engineering, surveying or inspection services The following is added to SECTION N - COMMERCIAL GENERAL LIAB'"6 Y CONDMONS subsection 4. Other Insurance. Insurance provided by this endorsement is excess over other valid and collectable insurance available to the additional insured,whether primary,excess, contingent or any other basis. However,we will consider the insurance provided by this endorsement to be primary insurance and any other insurance provided to the additional insured shall be in excess and not contribute with the insurance provided by this policy, only if your contract with the additional insured required this insurance to be primary. Other terms: All other terms of,your policy remain unchanged. tndudcs copYn,;'ed matenai of Insumce O:::ca,Inc-,%�:h z-,crnr =on i nn �oh In•+.rwn^, Can•. r:.-"T.-• Inn Ivc