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Home My WebLink AboutFinal Tract Map No 15816 - Beachside - William Lyon Homes - '; t'�1IJ Council/Agency Meeting Held: 7 Deferred/Continued to: XAppro ed ❑ Conditionally Approved ❑ Denied City rk's gnatur Council Meeting Date: 7/16/2007 Department ID Number: PW 07-036 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND Cl Y4DA. NCIL MEMBERS �. �titi�� SUBMITTED BY: PE �LOPEULBRETH-GRAFT, CITY ADM INISTRAT R PREPARED BY: TRAVIS HOPKINS, PE, ACTING DIRECTOR OF PUBLIGrW--0TTS ENGINEERING SUBJECT: Approve the Release of the Guarantee and Warranty Bond for Tract No. 15816 (Beachside) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract No. 15816 (Beachside) located at the northeast corner of Beach Boulevard and Atlanta Avenue. The Guarantee and Warranty Bond provided by the developer, William Lyon Homes, Inc., a California Corporation, as the security furnished for guarantee and warranty of improvements, is eligible for release. The public improvements constructed consists of the domestic water system and appurtenances and sewer system and appurtenances, within the private streets, and the storm drain system and appurtenances and the sewer system located within Beach Boulevard and Atlanta Avenue. Funding Source: No funds are required for this action. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. SU5016929, the security furnished for guarantee and warranty of improvements for Tract No. 15816 (Beachside); and, 2. Instruct the City Clerk to notify the developer, William Lyon Homes, Inc., a California Corporation, of this action, and the City Treasurer to notify the Surety, Arch Insurance Company, of this action. Alternative Action(s): Deny the recommended actions. C, j 7A+-S • �, dc,�x-�,Lei � � Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Cit ler s Sig#bture Council Meeting Date: 11/21/2005 Departmen Number: PW 05-087 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION .. Cin SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS cD M. -r- 0 SUBMITTED BY: PENE �PECURETH-GRAF , CI ADMINISTRATOR- 'cj morn PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC.INOC m SUBJECT: Approve the Release of Securities for Tract 15816 Anc�Accel he Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: William Lyon Homes, Inc., a California Corporation, the developer of Tract No. 15816 (located on the northeast corner of Beach Boulevard and Atlanta Avenue), has completed all required public works improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract 15816; and, 2. Accept Guarantee and Warranty Bond No. SU5016929; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 3. Release the Faithful Performance/Labor and Material Bond No. 3SM98669500 and Monument Bond No. 3SM98669600, pursuant to the California Government Code Section No. 66499.7(a); and, 4. Instruct the City Clerk to notify the developer, William Lyon Homes, Inc., a California Corporation, of this action and the City Treasurer to notify American Motorists Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements"' (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. • REQUEST FOR ACTION is MEETING DATE: 11/21/2005 DEPARTMENT ID NUMBER:PW 05-087 Analysis: On February 5, 2001, the City Council approved Final Map No. 15816 and accepted bonds from William Lyon Homes, Inc., a California Corporation, the securities furnished for faithful performance, labor and material and monuments. The subdivider, Atlanta and Beach, L.P., a Delaware limited liability company, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7(a). Public improvements constructed consist of the domestic water system and appurtenances and sewer system and appurtenances, within the private streets, and the storm drain system and appurtenances located within Beach Boulevard and Atlanta Avenue. The City Engineer has 'determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. The Subdivider, Atlanta and Beach, L.P., has provided Guarantee and Warranty Bond No. SU5016929 as security for the one-year warranty period. Following is a list of project data: Developer: William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660-2008 Subdivider: Atlanta and Beach, L.P. C/O William Lyon Homes, Inc 4490 Von Karman Avenue Newport Beach, CA 92660-2008 Engineer: Hunsaker and Associates Three Hughes Irvine, CA 92618 Location: Northeast corner of Beach Boulevard and Atlanta Avenue Zone: RM (Residential Medium Density). General Plan: RM-15 (Residential Medium Density) No. of Acres: 10 acres No. of Lots: 20 numbered and 9 lettered No. of Units: 86 detached single-family residential condominium units G:\R C A\2005\05-087 Nov 21 Wagner(Tr 15816 Beachside) Bond Exoneration).doc -2- 11/14/2005 9:14 AM • REQUEST FOR ACTION • MEETING DATE: 11/21/2005 DEPARTMENT ID NUMBER:PW 05-087 Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): NumberCity Clerk's Page . Description 1. Location Map 2. Guarantee and Warranty Bond No. SU5016929 3. Acceptance of Public Improvement Form G:\R C A\2005\05-087 Nov 21 Wagner(Tr 15816 Beachside)Bond Exoneration).doc -3- 11/14/2005 9:14 AM ATTACHMENT 1 LOCATION MAP BEACHSIDE TRACT 15816 T L 154 16 1 12 13 14ZUMA DRIVE 17 79 78 18 gr 80 77 f- 19 6 J J J ¢ 81 76 1 20 w Z � 5 I 82 75 21 I I o 4 x m U = 83 74 822 CU 3 F84 73— 23 2 72- 24 I 1 1 86 71 .25 SCALE:1"=200' x STINSON A 5 p 2B DRIVE 27 70 52 g 53 69 I2 28 51 ,0 54 P9 68 I 50 O m �55 ~ 67 30 49 0 56 31 48- 57 66 32 65 473 58 I 33 I 64 u, o I I 46 59 �-34 45 F-60 63 J 35 f4l -'61 . 62 Mt4 ATLANTA AVENUE ATTACHMENT 2 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 7/16/2007 DEPARTMENT ID NUMBER: PW 07-036 Analysis: On November 21, 2005, the City Council accepted the improvements constructed and dedicated for public use for Tract No. 15816 (Beachside) and accepted the Guarantee and Warranty Bond No. SU5016929 as the security for the guarantee and warranty of the improvements consisting of the domestic water system and appurtenances-and sewer system and appurtenances within the private streets, and the storm drain system and appurtenances and the sewer system located within Beach Boulevard and Atlanta Avenue. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. California Government Code Section No. 66499.3(d) requires that the security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and the security remains in effect for a period of one year. Following is a list of project data: Developer: William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660-2008 Subdivider: Atlanta and Beach, L.P. C/o William Lyon Homes, Inc. (Same address as above) Engineer: Hunsaker and Associates Three Hughes Irvine, CA 92618 Surety Co: Arch Insurance Company One Liberty Plaza, 53rd Floor New York, NY 10006 Location: Northeast corner of Beach Boulevard and Atlanta Avenue Zone: RM (Residential Medium Density) Strategic Plan Goal: (1-1). Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. Location Map —Tract No. 15816 -2- 7/2/2007 11:37 AM ATTACHMENT # 1 TRACT 15816 tn r t I �` Ave WAR poso r ae _,. ... — ( x I _ h ? t � k LOCATION MAP TRACT 15816 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee and Warranty Bond for Tract 15816 Beachside COUNCIL MEETING DATE: July 16, 2007 RCA ATTACHMENTS ,STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable XPLA' T16N FOR MISSING ATTA, HIVIENTS " REVIEWED RETURNED `'FORWA-RDED Administrative Staff ( ) ( ) Deputy City Administrator(Initial) ( ( VE ) City Administrator(Initial) ( ) ) City Clerk ( ) EXPLANATION FOR RETURN OFITEM" Only)(Below Space For City Clerk's Use RCA Author: J. Wagner:jg CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 18, 2007 William Lyon Homes, Inc_ 4490 Von Karmen Avenue Newport Beach, CA 92660-2008 Re: Release of the Guarantee and Warranty Bond for Tract No. 15816 (Beachside) Please be advised that on Monday, July 16, 2007 the City Council of the City of Huntington Beach took the following action: Approved the Release of Guarantee and Warranty Bond No. SU5016929 for Tract No. 15816 (Beachside) and Instructed the City Clerk to Notify the Developer,William Lyon Homes, Inc., and the City Treasurer to Notify the Surety, Arch Insurance Company, of this action — 1) Release Guarantee and Warranty Bond No. SU5016929, the security furnished for guarantee and warranty of improvements for Tract No. 15816 (Beachside); and 2) Instructed the City Clerk to notify the developer, William Lyon Homes, Inc., a California Corporation, of this action, and the City Treasurer to notify the Surety, Arch Insurance Company, of this action. Sincerely, Joan L. Flynn City Clerk JF:pe g1followup/tract/release bonds for tract-letter.doc (Telephone:714-536-5227) Recording requested by, Recorded in Official Records, Orange County and when recorded return to: Tom Daly, Clerk-Recorder IIIIIIIilllllllllllllilllllllllllllllllllllllllllllllflllllllllllllllllllllNO FEE Office of the City Clerk 2005000982468 08:14am 12/09/05 CITY OF HUNTINGTON BEACH 212 143 A04 1 P.O.Box 190—2000 Main Street Huntington Beach;Ca.92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 (Space above this line for Recorder's use only) t� ACCEPTANCE OF PUBLIC IMPROVEMENTS �� (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) 1 PLEASE TAKE NOTICE THAT on October 31, 2005, 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.,15816._ _ - - - - Public improvements constructed consist of the domestic water system and appurtenances and sewer system and appurtenances, within the private streets, and the storm drain system and appurtenances located within Beach Boulevard and Atlanta Avenue. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest November 30 20ny5 JM L FLAN City Clerk and Ex-officio Cler of City Council Of the City of Huntington Beach, California By eputy CITY OF LINTINGT EACH by: City trigineer GAEngineering Division\WAGNER\Tract Bonds\Tract 15816\Tract 15816 acceptance form.doc City of ffuntington Beach • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER CERTIFIED MAIL December 13, 2005 American Motorists Insurance Company 2730 Gateway Oaks Dr., Ste. 100 Sacramento, CA 95833 To Whom It May Concern:: This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on November 21, 2005: Tract# 15816 Faithful Performance and Labor& Material Bond No. 3SM98669500 Monument Bond No. 3SM98669600 We are releasing the bonds and have enclosed them for your files. We have also enclosed 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. Freidenrich, CPA, CCMT, CPFA City Treasurer Enclosures cc: William Lyon Homes, Inc. 4490 Von Karmen Ave. Newport Beach, CA 92660-2008 Terri Elliott, Principal Civil Engineer(no attachments) Joan Flynn, City Clerk(no attachments) I l 't, • RECEIVED BY: • CITY CLERK RECEIPT COPY Return DUPLICATE to �n; CIO�U ,•9.� City Clerk's Office -(Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: .-ran T. r1 fin,—Citij, Clerk DATE: December 6, 2005 SUBJECT: Bond Acceptance jI have received the bonds for Atlanta" and Beach, L.P. (Company Name) Faithful Performance Bond No. -SLTD1692.9— i Labor and Material Bond No. crr54 6 n 2 n _ i Monument Bond No. Maintenance Bond No. (> 0 IIJn SU Sol GC1 Z5 f Re: Tract No. 19816 CC No. MSC No. Approved 1 1 -21 -05 - : Agenda Item No.- E-1 (Council Approval Date) City Clerk Vault No. ._ 16 0 7 9 420. 60 i #27 gdfollowup/bondletter doc - • BOND NO. SU5016929 `•PREMIUM $1,325.00 GUARANTEE AND WARRANTY BOND .WHEREAS, Atlanta and Beach, L.P. as a Principal,and Arch Insurance Company a corporation organized under the laws of the State of Missouri 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 One Hundred Thi rty Tvn Thousand Five Hundred Dollars. 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 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 2 5 for work described as follows: Beachside Tract No. 15816 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 Obfrgee on NOW.THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee 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 October 10 2005 Atlanta & Beach, L.P., a Delaware limited partnership Arch Insurance Company Principal Surety By: William Lyon 116mes, Inc., a California corpor tion, its gee par Victoria M. Campbell Attorney--in-Fact By: T W CI S. Mombito APPROVED AS TO FORM: Its: Vice Presided! 6IFFERMCGRATH,C' Attorney /o%�S CALIFORNIA ALL-PURPOS&KNOWLEDGMENT • State of California County of Orange OCT 10 2005 On before me, Melissa A. Covarrubias, Notary Public , Name and Title of Officer(e.g..-Jane Doe,Notary Public") personally appeared Victoria M. Campbell Names)of Signer(s) ® personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), MELISSA A.COVAMJBIAS or the entity upon behalf of which the person(s) acted, 4rnr tdon#1s6261f8 executed the instrument. Notary Riblc -cl*Wft MVCwm MMcr22. - WITNESS my hand and official seal. gnature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual O Individual ❑ Corporate Officer ❑ Corporate Officer ❑Title(s): ❑Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General C1 Attorney-in-Fact ❑Attorney-in-Fact ❑Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: -- - ----------------- BD-1133 9/97 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company") does hereby appoint .Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all.bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the - payment or collection of any promissory note, check,draft or letter of credit. This authority does not permit the same obligation to be split-into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its" regularly elected officers at its principal.office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the.undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or'their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such .officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed .and certified by.facsimile under and .by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman. of the Board, the. President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the'signature of the Secretary, the seal. of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond.executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. F y /• i r ARCH Insurance Company ARCH surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q rgw�,A- ss. On kLL I q r before me, Stnprt-� e W)Ey\)Pt,?_,0 IW�QY\k Date � Name and Title of Officer e.g.,"Jane Doe,Notary Public") personally appeared I.RY' S. !M6,ra.10 t T) , Name(s)of Signer(s) Zpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their OFFICIAL SEAL authorized capacity(ies), and that by his/her/their SWAN E.MENARD signature(s) on the instrument the person(s), or the NARY PUBLIC-CALIFORNIA entity upon behalf of which the person(s) acted, @COMMISSIONMY #E 144735�2ORANGE COUNTY executed the instrument. CW&* ion Exp.October 2111.2W? WITNESS my 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: n� /_ Document Date: (JG 6/JdClP�— /�. c,?�p S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) CApJi,med by ISig,,ner(s��_/ Signer's Name: _(A& S ��YQ J-4i Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact " Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: S,,19�t g�Is Rep esenting: Signer Is Representing: W'//fQWI L�yn1 46, � 0 2004 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ATTACHMENT 3 Recording requested by, and when recorded return to: Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on October 31, 2005, 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. 15816. Public improvements constructed consist of the domestic water system and appurtenances and sewer system and appurtenances, within the private streets, and the storm drain system and appurtenances located within Beach Boulevard and Atlanta Avenue. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 1 1 !71 /0 S City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest November 30 20 0,5 JOM L,FLAN City Clerk and Ex-offrcio Cler of City Council Of the City of Huntington Beach,California By eputy CITY OF IArTINGT EACH by: City tngineer GAEngineering Division\WAGNER\Tract Bonds\Tract 15816\Tract 15816 acceptance form.doc RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract 15816 And Accept the Public Improvements COUNCIL MEETING DATE: November 21 , 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ - Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable (Signed in full by the City Attorne ❑ Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the CityAttorne Attached ❑ y Y� Not Applicable hed El Impact Statement (Unbudget, over $5,000) Not Attac Applicable Attached Bonds (If applicable) Not Applicable ❑ Attached ❑ Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached Elp ( pp ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ElFindin 9 pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ) Assistant City Administrator Initial " City Administrator Initial City Clerk EXPLANATION FOR RETURN-OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: J.Wagner:jg 10,"le CITY OF HUNTINGTON BEACH C9 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 30, 2005 William Lyon Homes, Inc. 4490 Von Karmen Avenue Newport Beach, CA 92660-2008 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 15816---[Acceptance of Public Improvements] Please be advised that on Monday, November 21, 2005 the City Council of the City of Huntington Beach took the following action: E-1. (City Council) Approve the Release of Securities for Tract 15816 (Northeast Corner of Beach Boulevard and Atlanta Avenue) to William Lyon Homes and Accept the Public Improvements. ( . )— 1) Accepted the improvements constructed and dedicated for public use with Tract 15816; and, 2) Accepted Guarantee and Warranty Bond No. SU5016929; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, 3) Release the Faithful Performance/Labor and Material Bond No. 3SM98669500 and Monument Bond No. 3SM98669600 pursuant to the California Government Code Section No. 66499.7(a); and, 4) Instructed the City Clerk to notify the developer, William Lyon Homes, Inc., A California Corporation, of this action and the City Treasurer to notify American Motorists Insurance Company, of this action; and, 5) Instructed the City Clerk to record the"Notice of Acceptance of Public Improvements" with the Orange County Recorder. Submitted by the Director of Public Works. Funding Source: Not Applicable. Sincerely, oan L. Flynn City Clerk cc: City Treasurer JF: pe g:/followup/tract/acceptpublicimp-notice.doc procedure#22 1 Telephone:714536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 30, 2005 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No. 15816 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. "+4C) oan L. Flynn City Clerk JF:pe Enclosures g:/followup/tract/acceptpublicimp-recorder.doc procedure#23 (Telephone:714536-5227) 130NU ND. 5uju109z9 PREMIUM $1,325.00 GUARANTEE AND WARRANTY BOND WHEREAS, Atlanta and Beach, L.P. ,as a Principal,and Arch Insurance Company a j corporation organized under the laws of the State of Missouri 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 One Hundred Th3 rty -Tvn Thousand Five Hundred Dollars, 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 ourselves,and each of our heies,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated dZ CJ for work described as follows: Beachside Tract No. 15816 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 Obfrgee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee 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 October 10 2005 Atlanta Beach, L.P., a Delaware limited partnership Arch Insurance Company Principal Surety By: William Lyon HBmes, Inc., a California corporation, its ge eN par Victoria M. Campbell Attorney-in-Fact By: rI S. fXorabfto APPROVED AS TO FOR NI; Its: _Vice Precidel1t NIF McGRATH,Gi Attorney: CALIFORNIA ALL-PURPOSEWKNOWLEDGMENT • State of California County of Orange OCT 10 2005 On before me, Melissa A. Covarrubias, Notary Public , Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Victoria M. Campbell , Names)of Signer(s) ® personally known to me - OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), MELMA A. COVARRUBIAS or the entity upon behalf of which the person(s) acted, Commoon# 1562658 executed the instrument. •m' Notary P.M -Cdit to MyComm.E*resMor22,2M9 WITNESS my hand and official seal. gnature 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑Title(s): ❑Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Ei Attorney-in-Fact ❑Attorney-in-Fact ❑Trustee ❑Trustee ❑ Guardian or Conservator ElGuardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ------------------ BD-1133 9/97 HUVVER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint .Victoria M. Campbell, Thomas G. McCall and Janina Monroe of Irvine, CA (EACH)- its true and lawful Attorneys)-in-Fact, to make, execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all.bonds and undertakings ; _ EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any'promisscry note, check, draft or letter-of.crediE. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its, regularly elected officers at its principal.office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors-of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the.undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or'their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to. authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such .officers of the Company may appoint agents for acceptance of process"' This Power of Attorney is signed, sealed and certified by facsimile under and .by authority of the following, resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: . VOTED, That the signature of the Chairman. of the Board, the:President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal. of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted 'by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety NOTICE — DISCLOSURE OF TERRORISM PREMIUM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES, The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of II__II On 1Ch!lil, �qT � before me, E7 �y�l l•CJ Date Name and Title of Officer ie._g., ane Doe,Notary Public") personally appeared Name(s)of Signer(s) C21personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their OFFf"�"S a"� E authorized capacity(ies), and that by. his/her/their SUSAN E.MENARD E signature(s)-on the instrument the person(s), or the r NOTARY PUBLIC-CALIFORNIAentity upon behalf of which the person(s) acted, �t %" My COMMISSION#1447352 ORANGE COUNTY executed the instrument. Commission Exp.October 26,2 W7 WITNESS my hand and official seal. Place Notary Seal Above v 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 C, Title or Type of Document: r_ fiy Document Date: i�G� - /o, c,?OG S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by M,,,,,s&ner(Signer's Name: �/ Signer's Name: ❑ Individual , ❑ Individual Corporate Officer—Title(s): V fCQ. �VeS�c�C� ❑ Corporate Officer—Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact - p Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: SkV��4�p{euen 9• Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6827 -•''fi{te't ° t -y' l�t - 3 i i:Y '� (.'.j`o' \L LCEIVED BY: , CITY CLERK RECEIPT COPY Return DUPLICATE to if1.. S OSe i A, = Jeffrey Hughes(ext.6260) (Name), ems. after signing/dating r. . (Date) . CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich; City Treasurer ATT�N:: Jiim�S]lobojan, Deputy City Treasurer FROM: . DATE: SUBJECT: Bond Acceptance I have received the borids for `T mb Rah(A) UP (Company Name) Faithful Performance Bond No. 3SM lu 00 Labor and Material Bond No. 35M Ik 6�'� 00 Monument Bond No. 3SM 98b 616 0o Maintenance Bond No. ' J Re: Tract No. CC No. MSC No. Approved p2=0S— 61 Agenda Item No. S (Council Approval Date) 2b.`O'+0 . City Clerk Vault No. g:/jah/bondletter.do.c i LAI CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEbI APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: February 15, 2001 TO: William Lyon Homes/Atlanta & Beach LP ATTENTION: W. Douglass Harris, VP Name 4490 Von Karman Avenue DEPARTMENT: Street Newport Beach, CA 92660 REGARDING: Subdivision Agreement City,State,zip for Tract No. 15816 See Attached Action Agenda Item E-5 Date of Approval 02-05-01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page X Agreement X Bonds Insurance X RCA Deed Other CC: H. Zelefsky Planning X X X Name Department RCA Agreement Insurance Other H. Fauland Planning X X x Name Department RCA Agreement Insurance Other R. Ramos Planning X X X Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza X X X Risk Management Dept. Insurance (Telephone:714-536-5227) N. �1k7,��►ti�h CITY OF HUNTINGTON BEACH _ 1A � f�At-� MEETING DATE: February 5, 2001 DEPARTMENT ID BER: �,Ps -05A\\, Ml �� Council/Agency Meeting Held: 0 L--0C--0) Deferred/Continued to: �A proved ❑ Condi " nally Approved ❑ Denied ro ' y CI ' Signature Council Meeting Date: February 5, 2001 Department ID Number: PL01-05 1- Cn CITY OF HUNTINGTON BEACH ~' ._� REQUEST FOR ACTION c-n SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorogJ r; PREPARED BY: HOWARD ZELEFSKY, Director of Planning l , r SUBJECT: APPROVE FINAL TRACT MAP NO. 15816 OF TENTATIVE TRACT MAP NO. 15816 WITH BONDS AND AGREEMENTS (BEACH AND ATLANTA) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 15816 located on the northeast corner of the intersection of Beach Boulevard and Atlanta Avenue is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15816 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1); and 2. Approve the Subdivision Agreement between the City and Atlanta and Beach LP and authorize execution by the Mayor and City Clerk." PL01-05 -2- 01/18/01 9:19 AM REQUEST FOR ACTION MEETING DATE: February 5, 2001 DEPARTMENT ID NUMBER: PL01-06 Alternative Action(s): The City Council may make the following alternative motion: "Deny Final Tract Map No. 15816 and reject the offer of dedication, improvements, and bonds." Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: William Lyon Homes 4490 Von Karman Ave Newport Beach, CA 92660 ENGINEER: Hunsaker and Associates Three Hughes Irvine, CA 92618 LOCATION: Northeast corner of the intersection of Beach Boulevard and Atlanta Avenue ZONE: RM (Residential Medium Density) GENERAL PLAN: RM-15 (Residential Medium Density) NO. OF ACRES: 10 acres NO. OF NUMBERED LOTS: 20 NO. OF LETTERED LOTS: 9 NO. OF UNITS: 86 detached single family residential condominium units DATE OF COMPLETE APPLICATION: January 24, 2001 MANDATORY PROCESSING DATE: February 20, 2001 DISCUSSION: On January 11, 2000 the Planning Commission approved Tentative Tract Map No. 15816 to subdivide 10 acres into 20 numbered residential lots and nine lettered common area lots for the purposes of developing 86 detached single family residential condominium units. Final Tract Map No. 15816 represents the only phase of the project. PL01-06 -3- 01/18/01 9:19 AM REQUEST FOR ACTION MEETING DATE: February 5, 2001 DEPARTMENT ID NUMBER: PL01-05 The subdivider has satisfied the park and recreation requirement for this project through the payment of $761,838 in in-lieu fees. The applicant will meet the affordable housing requirement for this project by providing nine off-site affordable units. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map No. 15816 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Area Map 3 Tentative Tract Map No. 15816 with site plan 4 Tentative Tract Map No. 15816 Findings and Conditions of Approval 5 Subdivision Agreement 6 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Ricky Ramos/Herb Fauland PL01-05 -4- 01/18/01 9:19 AM • . � , � � .� ' �,. � � s� � -- �� r ate.. 3x� � � .:�Ge s"C" . '.&#"�.�".��,.5`f_:� .-^�..��_ "�'� ..i�:ic. § �' -� w.. � .� axe. '`�" '� �-� ».�4 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map. 1. Final Tract Map No. 15816 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15816 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM 986 695 00 as presented in Attachment No. 6 b. Labor and Material Bond No. 3SM 986 695 00 as presented in Attachment No. 6 c. Monument Bond No. 3SM 986 696 00 as presented in Attachment No. 6 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted(Attachment No. 5); e. Payment of Park and Recreation In-Lieu Fees. • �r. � `5- � _. ; � � s,.._ _ S <* *era �'9e.'Effi ,ilg� �� d� .;e d- ,. -aw..ri��. -�.._ .�r..its ,�"=s ,�5...�_.. _ed�r��.' rX. ,k.��.�- ,r»,a�.,,w:..a�.a+ _``rc';'e<_._�� .r,�t �.r� .. " - l s i- ��.f11lt111/it. l�lltt■►.. ..•.1•. • -�� tllttt�rltlitt ..■ fitltl� = � i � t� � � i11in111t1iii -= liil� � lMINIMUM = Illlrw" MEN i�A - MEN �� cr._.. .- 11 - ME =ifNllll� f■ilil �N AMIMMUM ins. � iliilinM j��I. •--- 3 ��1.-�� --::�.- rill■■ o: MEi c ► �11t1■ 2"C ii ME Ilia ME -- -- 2�MEMS cow ME ZZ - SMINE non ME MENIM ME ME -MEwor -- 1i1MEN. IWAIM Milliil �lii■ fl1151111151■ ■illliiiilft ti 1I� kiln li.iirr�= 'irillflnon ■■lli/ln.■ . .■ff�11 . ,� ..��vnaln ui./li■..e nv A � .sue �i �.ii1110 ■�! s�t��',��r-.� — '�� r4®r "' . ��'is �i �� - -.. tltlilli /till. ■1..111■=.�„ a � ►�� ` .• .;� ■�itttlll1� -: ifiltiiilintn. 1t�111'"�� IL1U. alitionso 11il/► - k/■fish■ ill/ill/►sj �Vl 1i■ C ram; 111i/111i►I� -� ��,�'►� -� ■ ' i �■ littilt -- - � Hil ■11>\I�■,-.. - cam•-•..r- � �. - J ililll/� ■■■q -- :n'��ry►,/�■ ltttltup -- -- - lmillili �� ME �� h. _ i11 Amou' AIMM � Ill /lit s� N /A -.. ..� -- —.. .. - IMMUM-- ! /1 1!M% hall In ME' mc� = f-,miiU �llttttl s� =� = �.. M� -.. -� �� ■li ME ■1l11D■ �t1111i1 -- �� ,- ►. �..�o MEW-` v N Fl�� INNER t1111ut �■�i M �a sa s i �� tl�■ "'� "- ■lf«/i \�ilittillifinflr • �' F E C. C - ��`+ 5 Fk� .��r.�H.��..n ��_;:, "a v��_ �i:. ,,.�_ ��'" as . � .4 �u�. � -.� ''J * CITY OF HUNTINGTON BEACH �' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 8, 2001 Lawyer's Title 18551 Von Karman Ave., Suite 100 Irvine, CA 92612 949-223-5575 Attention: Curt Taplin, Title Officer Re: Final Tract Map No. 15816 - Order No. 0000387-45 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 Terri Elliott, Department of Public Works, P.O. Box 190, 2000 Main Street, Huntington Beach, CA 92648. Sincerely, d�� Connie Brockway, CMC City Clerk CB:jh Enclosure Received by: S� Dated: - fl g:/fol lowup/tract/tractmap200l.doc (Telephone:714-536.5227) s NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING • TO: CITY CLERK DATE: FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. I5 Y31 Le �1r 1�t t.r 'ha i PARCEL MAP NO. �— l t%12 Sl/ vNv ) ! PARK ANTD RECREATION FEES PAID: ffYES $ � � ❑ NO OTHER: 'for: Howard Zelefsky Planning Director �s CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Bruce P. Crosby Civil Engineer Assistant SUBJECT: Tract No. 15816 (Authorization to Record) DATE: February 8, 2001 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: Lawyer's Title TITLE OFFICER: Curt Taplin ORDER NO.: 0000387-45 LOCATION: NEC Beach Blvd. &Atlanta Ave. PHONE NO.: 949-2-M-&6 9Y'-QZ3-Ss�S _ Bruce P. Crosby 37039 Vajj �gw TR 15469 auth to record _.-...�-�__ �-�•-,r� - - - - -�_a---�.-� .�--s.•. .��,.-__-�-� u It - _ � � - -ul:-�• lL m-4 A r . - .. BEACH - - _ - - - - - -.�.- - - - - - - -BOUL_/ARD- - — �_--- _ - A- fi •: `% fr L� •: f: V f, 1 1 1 I 4 � Y fs •� fG Li y .L � Lr Ly •i "` f� 1 i, ' I � lar• � x W T 1 fQ Ter- 61s°" � y .f .a :tiv 19 ®i- N 1t7 �N /V��.o i.wr•. � lY 7p V J��,.� :q....s �= HU dTINGTON ...awarm* ofrn BENCH CHAN oFL 1 i . TR. MAP NO. 4409 1M.M. 15r/39-41 1 I •w 1 I •w •w •w •r. • •r+ n•rr . OPEN SPAS:REOLMM LAW USE StMO Mr LEM s.ls fw '�'r_ uLL ..ors i►�.•wri mrfwir•.fi.�ar'wwr. n • r .r r wfp.s..gs..Lrs YMf•Or .rmrrr w. a�o+i1"a io•. '"wW�.1 PRF31AR®FOR PM5PAM IM � STATEMOf!T�OFF OWNERR}SFW •gym T."t';f f71@i fECnG14 �i'ib�it'il"5r ww mr.0%-aw '4k M b WAI Np1'ES I.r f..l,u LO1 e Lr fLri� r•f.r " r sm 1 Z LreYva c°".Lw«nfit(N/11p-IIw a IevLurw.mru•ofnrrr KM ••r VNXM MAP • m w..rwaf�..•Il wlr■rn.ef i w s e ;�^� I:s s� FOR CONOOMINIUM PURPOSES L W O•f W f•wt•fYfW W QrR w,r lam- TENTATIVE TRACT _ M f+l Lum Y.+ta rLa�l�w TrPE111L fR� t710N VM PLIXM fA s T�BC110N w,+9°.L6ri'i�"r's.il{oaL M .�r�nr ooamo ♦ . �O Y.Y./�YLwe1rr fl.PL.MII� YI�IOA 11 1 ism vILoot a�::� L:,:o.1�.L MAP NO.,. --816 f ;r ------------ - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - --- - - - - - - - - - - -- - - - - - - - - ------------------- - B ACHair B-00LtVACD 92- 0 .7.T C CZ NIL Lit -sr 1T A ZR qR r o. . -'a s • -;;AR T 7 4:0 L 1,1 jot' it =kFA•1N L 2 hR ". +" Z. zcs 'is lim- EE1111 F LEGAL DESC TION V 40 w jn2_L_ 'n STATEMENT OF OWNERSHP PREPARED FOR: PREPARED BY: A 'Ir.-W.A-W STREET SECTIONS "e 87FIXT SECTKIN ADVANCED wi io NOTES --MR 1-0.1,A 11— 'bA LAND USE SUMMARY VW ANITY MAP FOR CONDOMINIUM PURPOSES ... ....... mom wu WIRVA SITE PLAN TYPICAL STREET swnm vm PLmnm MAP NO. 15816 ATTACHME NT 4 e Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 NOTICE OF ACTION January 14,2000 Rick Julian Advanced Real Estate Services,Inc. 22974 El Toro Road Lake Forest, CA 92630 SUBJECT: TENTATNE TRACT MAP NO. 15816/CONDITIONAL USE PERAUT NO.99- WARIANCE NO.99-18(Continued from December 14, 1999 with the public hearing closed-Beach and Atlanta Residential Condominiums) PROPERTY OWNER B.G.Williams,4952 Warner Ave,Suite 22j,Huntington Beach,CA 92649 REQUEST: TTM:To permit the subdivision of approximately 10 gross acres of land into 20 residential lots and nine(9)common area lots with private streets. The subdivision also proposes the abandonment of a portion of the frontage road adjacent to Beach Boulevard. CUP:To permit the construction of 86 two-and three-story,30 foot high, detached single family residential condominiums. The request also includes: 1)gated access;2)development on a lot with greater than a three(3)feet grade differential between the high and low point;3)an eight(8)feet high perimeter wall along Beach Blvd. and Atlanta Ave.;4)a retaining wall up to 3.5 feet high and topped with a ten (10)feet high wall.along the west and north sides of the existing abutting pump station; 5)a retaining wall up to approximately five(5)feet high and topped with a six(6)feet high wall along the east side of the project adjacent to the flood control channel;6)a retaining wall up to four(4)feet high along the north side of the project with a landscaped slope behind it and a six(6)feet high wall at the top of the slope. VAR:To permit the,following variances from the Medium Density Residential(RM-15 units per. acre)District.development standards: 1)a minimum front yard setback of 10 feet for- porches in lieu of 15 feet;2)a minimum side yard setback of four(4)feet in lieu of Ave (5)feet for building walls less than 25 feet high,and a minimum side yard setback of four(4)feet in lieu of eight(8)feet for building walls over 25 feet high;3)minimum building separation of eight(8)feet in lieu often(10)feet;4)a minimum front-entry garage setback of 18 feet in lieu of 20 feet;and 5)courts less than the required minims dimensions. LOCATION: Northeast comer of Beach Boulevard and Atlanta Avenue DATE OF ACTION: January 11,2000 (00c1111-1) i Your application was acted upon by the Planning Commission of the City of Huntington Beach on January 11, 2000, and your request was Conditionally Approved. Attached to this letter are the Findings and Conditions of Approval for this application. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach_Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,490.00 for all other appeals. i In your case,the last day for filing an appeal and paying the filing fee.is January 21, 2000. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one(1)year after final approval, unless actual construction has started. If there are any further questions, please contact Ricky Ramos, Assistant Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission Herb Fauland Senior Planner HF:kjl xc: Property Owner Attachment: Findings and Conditions of Approval (00cll11-2) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 15816/ CONDITIONAL USE PERMrr NO 99-3/ VARIANCE NO.99-18 FINDINGS FOR APPROVAL-TENTATIVE MAP NO. 15816: 1. Tentative Tract Map No. 15816 for the subdivision of 10 acres into 20 numbered residential lots for development of 86 detached single family residential units and nine(9) lettered common area lots with private streets is consistent with the General Plan Land Use Element designation of RM-15 (Residential Medium Density—Maximum 15 dwelling units per net acre)on the subject property, and any other applicable provisions of this Code except.for any variances approved concurrently with this application. The proposed residential subdivision for the development of 86 detached residential condominium units is permitted in the RM designation. 2. The site is physically suitable for the type and density of development. The project density of 8.6 dwelling units per net acre complies with the maximum permitted density of 15 dwelling units per net acre in the General Plan and Huntington Beach Zoning and Subdivision Ordinance. The proposed lot sizes and widths comply with the Huntington Beach Zoning and Subdivision Ordinance. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or.. wildlife or their habitat. Negative Declaration No. 99-2 was prepared which analyzed the impacts of the project. 4. The design of the subdivision or the type of improvements will not conflict with easements; acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements, for access or for use,will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL- CONDnTONAL USE PERMIT NO. 99-3: j 1. Conditional Use Permit No. 99-3.for the following: a. establishment, maintenance and operation of the 86 two-and three-story, 30 foot high, detached single.family residential condominiums; b. gated access; c. development on a lot with greater than a three(3)foot grade differential between the high and low point; d. a retaining wall up to 3.5 feet high and topped with a ten(10)foot high wall along the west and north sides of the existing abutting pump station; (00cII11-3) e. a retaining wall up to 5 feet high and topped with a six(6)foot high wall along the east side of the project adjacent to the flood control channel; f. a retaining wall up to four(4)feet high along the north side of the project with a landscaped planter behind it and a six(6)foot high wall at the top of the slope; will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the project as proposed and modified by conditions imposed will include an attractive design that will incorporate varied elevations, architectural elements, colors, and materials that blend in and add to the appearance of the area. The gated access will comply with all fire and emergency access requirements and will not compromise public safety nor detract from the visual character of the project. The combination retaining wall and block wall along the north and west sides of the pump station will provide added security by prohibiting entry into the facility. The combination retaining wall and block wall along the east side adjacent to the flood control channel is hidden from most public views and is a result of lowering the site to address compatibility concerns. Finally, the combination retaining wall, landscape planter, and block wall along the north side provides an attractive treatment to the grade differential. 2. The conditional use permit will be compatible with surrounding uses because it is an extension of residential uses which predominate the area. The site is buffered from surrounding uses by Beach Blvd. a 138-foot wide arterial, Atlanta Ave. a 100-foot wide arterial, and a 100-foot wide flood control channel. Buffering to the north will include at least a 43 foot building-to-building separation between the existing six-unit condo complex and the closest unit in the development. This separation includes a four(4)foot high- retaining wall with a five(5)foot wide landscaped planter and a six(6).foot high wall behind it. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific conditions required for the proposed use in the district in which it would be located. The development complies with minimum development standards (including lot size/width,building height, and parking) except for any variances approved concurrently 4. The granting of the conditional use permit will not adversely affect the Geneial Plan. It is consistent with the Land Use-Element designation of RM-15 (Residential Medium Density 15 units per net acre)on the subject property. In addition,it is consistent with the following goals, policies and objectives of the General Plan: a. Objective LU I.I: Provide for the timing of residential, commercial, and industrial development coincident with the availability of adequate market demand to ensure economic vitality. (00cIIII-4) b. Objective LU 4.1: Promote the development of residential, commercial, industrial, and public buildings and sites that convey a high quality visual image and character. c. Policy LU 9.1.1: Accommodate the development of single-and multi-family residential units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedules. d. Polia LU 9.2.1: Require that all new residential development within existing residential neighborhoods(i.e. infill)be compatible with existing structures, including the:Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; and maintenance of privacy on abutting residences. e. Policy HE 2.1.5: Locate residential uses in proximity to commercial and industrial areas and transportation routes to provide convenient access to shopping and employment centers. The project is a permitted use in the RM designation and is at a density of 8.6 dwelling units per acre which complies with the maximum density requirements of 15 dwelling units per net acre. Although proposed as a condominium plan, the project will appear and function as detached single family dwellings with individual entries and private yards. The detached units will have the same bulk and building height(maximum 30 feet from top of subfloor to roof peak) as typical single family units found throughout the city. FINDINGS FOR APPROVAL-VARIANCE NO. 99-18: 1. The granting of Variance No. 99-18 to permit the following variances from the Medium Density Residential (RM-15 units per acre)District development standards section 210.06: a. a minimum front yard setback of 10 feet for porches in lieu of 15 feet; b. a minimum side yard setback of four(4)feet in lieu of five(5)feet for building walls less than 25 feet high, and a minimum side yard setback of four(4)feet in lieu of eight(8) feet for building walls over 25 feet high; c. a minimum building separation of eight(8)feet in lieu often(10)feet; d. a minimum front-entry garage setback of 18 feet in lieu of 20 feet;'and e. courts less than the required minimum dimensions; will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The RM district development standards are intended for multi-family attached housing types. The proposed development is designed as detached, small lot, single family residences. Therefore, several variances are necessary to allow this product type to be developed. However,this development is consistent with developments in the Holly-Seacliff Specific Plan and Meadowlark Specific Plan. Also,the proposed development complies with the general provisions of the proposed small lot development standards. (OOcl111-5) 2. Because of special circumstances applicable to the subject property, including location and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zone classification. Other similarly zoned properties have been granted similar approvals to build a comparable project on smaller lots that did not meet all the development standards in the RM zoning district because the approval resulted in an improved development. 3. The granting of Variance No. 99-18 is necessary to preserve the enjoyment of one or more substantial property rights. It will allow a project that combines the appearance of detached single family dwellings with the density of a multi-family project to blend in better with the area while taking advantage of the maximum density allowed. 4. The granting of Variance No. 99-18 will not be materially detrimental to the public welfare or injurious to property in the same zone classification. It will allow the development of a. product that has the appearance of detached single family dwellings for greater compatibility with the area at a lower density found in attached multi-family developments under the same zoning classification. _ 5. The granting of Variance No. 99-18 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density(RM-15) on the subject property because the resulting development will still be in conformance with the permitted uses and maximum density in that designation. In addition, it will be consistent with the following goals and policies: a. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. b. Policy LU 9.1.3:Require that multi-family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below:Design building elevation treatments to convey the visual character of individual units rather than a singular building mass and volumes. c. Policy LU 9.3.2: Require that the design of new residential subdivisions consider the following: Site and design of units and incorporate elements, such as porches, that emphasize front yards as an activity area and"outdoor living room,"by locating garages in the rear or side yards. d. Polite BE 3.1.1:Encourage the provision and continued availability.of a range of housing types throughout the community,with variety in the number'of rooms and level of amenities. e. Policy BE 3.1.6: Promote the adoption of development standards which reduce housing costs, while ensuring that any adverse impacts are minimized when increasing densities or relaxing standards: This project provides a unique product type to serve the diverse housing needs of the community. It will have the appearance of detached single family dwellings for greater compatibility with the area. (00cI111-6) CONDITIONS OF APPROVAL-TENTATIVE MAP NO. 15816: 1. The tentative map received and dated December 7, 1999, shall be the approved layout with the following modifications: Ca)- The Orange County Flood Control District's right-of-way and bearing shall be delineated on the tentative map and final map using information obtained from the County's right- of-way section. (OCFCD) 2. Prior to submittal of the Final Map to the Public Works Department for processing and approval by the City Council,the following shall be required: An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for new additional affordable housing stock on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 10 percent of the units shall be affordable to families of low-income Ievel (less than 80%of Orange County median)for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units(new)are off-site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval(occupancy)of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. ObAt least 90 days before City Council action on the Final Map, a Covenants, Conditions, & Restrictions(CC&Rs)document shall be submitted to the Planning Department for review and approval by Planning Department,Public Works Department, and City Attomey's Office. The CC&Rs shall include the following: '1) Provide for maintenance by the Homeowner's Association(HOA)of all walls and common open space and landscape areas within the Tract and the perimeter landscape areas. / '2) Provide'for maintenance by the Homeowner's Association(HOA) of all private streets and driveway access easements. ' 3) Prohibit additions and expansions of the residential units. 4) Prohibit the enclosure of porches. 5) Require use of the garages for automobile storage. 6) The proposed sewer and storm drain system located within the private streets shall be private and maintained by the Homeowner's Association. The CC&Rs must be signed by all parties involved and in recordable form prior to recordation of the Final Map. A copy of the recorded document shall be submitted to the Planning Department prior to building permit final inspection of the first dwelling unit. (00cI11I -1 3. The following conditions shall be completed prior to recordation of the Final Map unless otherwise stated. Bonding may be substituted for construction in accordance with the - provisions of the Subdivision Map Act. (PW) The Final Map shall be consistent with the approved Tentative Map. b. The frontage road right-of-way abandonment shall be approved by the City Council. c. The 10.00 foot storm drain easement located along the easterly boundary of this tract shall be vacated on the Final map except for the portion on the most northeasterly lot that will be maintained. The 15.00 foot sewer easement located along the easterly boundary of this tract shall be vacated on the Final Map except for the portion on the most northeasterly lot(east of lot 4)that will be maintained. d. The existing Beach Boulevard cul-de-sac shall be vacated on the Final Map. e. All vehicular access rights to Beach Boulevard and Atlanta Avenue shalt be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. f. The proposed storm drain system located within the private streets shall be private and maintained by the Homeowner's Association. g. The following shall be dedicated to the City of Huntington Beach on the Final Map: . 1) The developer shall dedicate 20.00 feet off of Atlanta Avenue for street purposes. 2) The developer shall dedicate a 27.00 foot radius at the corner of Beach Boulevard and Atlanta Avenue. 3) An easement over the private streets and Lot"E"for Police and Fire Department access purposes. 4) The main line sewer system and appurtenances as shown on the improvement plans. 5) The storm drain system and appurtenance, located within Beach Boulevard, as shown on the improvement plans. 6) .A sewer easement located within.lot 4, "D".or�"A" Street, and lot 7) A 2.00 foot public utility easement on both sides of the-private streets. 8) The water system and appurtenances.as shown on the improvement plans. 9) Access rights in, over, across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the sewer and water system. 10)A 51 foot wide storm drain easement centered on the 96"RCP in Atlanta Avenue adjacent to the property. 11)A 25.5-foot wide storm drain easement extending west from the westerly property - line of the City pump station into Lot`B". (OOCI111-8) 12)The Developer shall provide a 10 foot City access easement adjacent to the north side of the pump station wall. 13)All buildings shall be set back a minimum of 5 feet from the edge of any easement dedicated to the City. h_ The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital-graphics file of said map. L The following shall be constructedrnstalled by the developer:. 1) Install signing, striping, and Edison-owned street lighting for the site and for the entryway according to City standards. Plans for these improvements shall conform to City plan preparation requirements and shall be submitted for review and approval to the Public Works department: 2) Install Edison-owned street lighting with underground service, per Caltrans standards on Beach Boulevard and per City standards on Atlanta Avenue along the property frontage. 3) Install a concrete bus pad per OCTA standards on Beach Boulevard at Atlanta Avenue along the property frontage. 4) Design and construct an 8-in water pipeline in Beach Boulevard(east side)from the north end of the proposed development to the connection at the intersection of Beach Boulevard south to the entrance of the tract. The pipeline shall be designed and constructed to City of Huntington Beach standards. Beach and Atlanta shall be re-paved using the best paving repair available to the approval of the Public Works Department. 5) Install new paving, curb, gutter and sidewalk on Beach Boulevard. 6) Remove and replace the existing curb and gutter on Atlanta Avenue. -It is to be re-aligned to 42 feet north of centerline. 7) Construct new paving as necessary on Atlanta Avenue. 8) Install new sidewalk on Atlanta Avenue. 9) Construct a new 10 foot(measured from the housing side)solid grouted split face block wall along the west and north side of the existing pump station. (00c1111-9) 10)The'existing catch basin on Atlanta Avenue shall be relocated and sized . accordingly to current City requirements. 11)Install a sewer(size to be determined per study) on-site to connect the existing sewer at the northeast corner of the tract,through lot 4,then in"A" Street;then through lot"F' and then connecting into the existing City lift station. 12)A storm drain with gasket joints(size to be determined per study) along the westerly side of the project. Said storm drain shall accommodate new and existing flows as well as provide storage to accommodate all increases in runoff resulting from the development. All common area improvements shall be completed. 14)The frontage road opening shall be widened and'aligned with the left turn pockets in Beach Boulevard. j. Remove the storm drain as marked on the tentative map, and route all internal . drainage via sheet flow within the streets directly to the pump station, except for the. entrance which shall have catch basins connecting to the storm drain in Beach Boulevard. k. The air release/blow off valve at the southerly end of the existing 8 inch water line in Beach Boulevard shall be removed and replaced with a fire_hydrant assembly per the direction of the City. 1. All new and existing utilities along the frontage and within the project (including transformers) shall be undergrounded. m. All street furniture (fire hydrant, street lights, etc.)shall be located within the 6 foot sidewalk side of the street. n. The water system within the proposed tract shall be served by two connections to the public water supply: one in Beach Boulevard, one in Atlanta Avenue. The main line through the tract that connects the mains in Beach Blvd. to Atlanta Ave. shall be 12 . inches in size. o. Each proposed dwelling unit shall have a separate-domestic meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code(LTPC)and Uniform Fire Code(UFC). All meters shall be a touch read type. The domestic water service lateral size shall be a minimum of 1 inch. p. All structures over two stories in height shall require a backflow device, unless approved otherwise by the Water Division. q. Common area landscaping shall have a separate'irrigation meter, service and backflow protection device. The meter shall be a touch read type, sized to meet the minimum requirements set by the UPC. (00C1111-10) r. The Developer shall demonstrate to the satisfaction of the Public Works Department that an SU-30 truck can turn around at the entrance to the site using a three-point turn or better. s. A Cal-Trans permit shall be required for all work within Beach Boulevard. t. A Public Works permit shall be required for all work within Atlanta Avenue. u. All improvement securities(Faithful Performance,Labor&Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. v. A Certificate of Insurance shall.be filed with the Public Works Department and approved as to form by the City Attorney. w. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final map. 4.' The Departments of Planning and Public Works.are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director.and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process.Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission shall be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS-TENTATIVE MAP NO. . 15816 1. All applicable Public Works fees shall be paid prior to map recordation. (PR) 2. Park Land In.Lieu Fees shall be.paid based upon the August, 1998 City park land appraisal.value of$516,500 per acre pursuant to Section 254.08.H. of the HBZSO prior. . to approval of the final map by the City. 3. Tentative Map No. 15816, Conditional Use Permit No. 99-3, and Variance No. 99-18 shall become null and void unless exercised within two (2)years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. (OOcl111-11) CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 99-3 AND VARIANCE NO. 99-18: 1. The site plan received and dated December 7, 1999;parking and fencing plan received and dated December 27, 1999; and the floor plans and elevations received and dated May 17, 1999; shall be the conceptually approved layout with the following modifications, subject to the approval of the Planning Department: a. Elevations shall depict colors and building materials as approved by the Design Review Board. b. No wood fencing shall be allowed. The wall caps shall be embellished (no rolled mortar caps). The perimeter wall shall include offsets and Ipw rise planter walls along Beach and Atlanta. (DRB) c. Plan One rear elevation shall carry the 1"floor offset onto the 2nd floor. (DRB) d. Building elevations shall include bay windows. (DRB) e. The project shall use concrete tile roofs. (DRB) f. Special pavers shall be used at the main entry. g. The wall along Beach and Atlanta shall be six (6)feet high(measured from the residential pad elevation) on top of a two (2)feet high berm measured from the street. The 3.5 feet high retaining wall along the north and west sides of the pump station shall be topped with a ten(10)feet high wall. The five (5)feet high retaining wall along the east side(next to the flood control channel)shall be topped with a six(6)feet high wall. for a total combined height of eleven(11)measured from the residential pad elevation. h. Dwelling units 15, 16,41, and 42 shall provide a minimum 18.feet deep driveway and 25 feet deep turning radius. i. Vertical plant materials with the greatest possible height and density shall be installed along the five(5)foot wide planter on the north side of the project to provide privacy to the approval of the City Landscape Architect.and Planning staff. j. No parking will be allowed along the secondary emergency access(Lot E). A minimum of one on-street parking space per dwelling unit shall be provided. k. The wall between Lot E and dwelling unit 37 shall meet the minimum 15-foot front setback. (Code Requirement) 1. All fencing and structures shall comply with the comer visibility cutoff. This also includes the wall along the driveway for the office building and condominium complex to the north. (Code Requirement) (00cl111-12) m. Wall setbacks and a series of planters or other design alternatives shall be incorporated to minimize the visual impact of the proposed retaining wall and wall along the north project boundary to the approval of PIanning staff. (Mitigation Measure) n. The Orange County Flood Control District's right-of-way and bearing shall be delineated on the site plan using information obtained from the County's right-of-way*section. (OCFCD) o. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention'&vices shall be prohibited in the front yard setback and shall be screened from view: (Code Requirement) p. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks. 2. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a.Registered Civil Engineer, shall be submitted to the Public Works Department for review and approval. Final grades and elevations on the Grading. Plan shall not vary by more than one foot from the grades and elevations on the approved Tentative Map. PW) b. 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, liquefaction, retaining walls, streets, and utilities. (PVC c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PV ) d. Final hydrology and hydraulic studies for on and off site facilities shall be submitted for Public Works review and approval. These studies shall also be sent to the attention of the Chief of the Flood Control Programs, Orange County Flood Control District for review and approval. No water will be permitted to drain onto Beach Boulevard. The new drainage system shall be designed to insure that the existing flooding are not increased in any means. Existing runoff calculations shall be based on the old OCFC hydrology manual while built out runoff flow shall be based on the current manual. (PW and OCFCD) (00cI111-13) e. The name and phone number of the developer and the field supervisor hired by the developer who is on-site shall be submitted to the Departments of Planning and Public Works. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring.compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. In addition, clearly visible signs shall be posted on the perimeter of the site (every 250 feet) indicating who to contact (signs to include both the name and phone number of the developer and field supervisor) for information regarding this development and any grading and construction activities, and to call "1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. Said signs shall also include the City contact. (Jack Miller(714) 536-5517). f. The developer shall notify all property owners and tenants within 300 feet of the perimeter of the site of the information outlined in Condition 2(e) and of tentative grading schedule at least 30 days prior to any grading activities. Proof of mailing shall be submitted to the Planning Department a minimum of ten(10) days prior to - construction/grading activity or truck hauling. g. Site plans and elevations depicting the height and material of all retaining walls,walls, and fences consistent with the grading plan shall be submitted to and.approved by the Planning Department. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify: materials, seep holes and drainage. h. The applicant shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control and provide a plan to the Planning and Public Works Departments indicating such compliance. i. Prior to issuance of precise grading permits, the applicant shall submit and obtain approval from the Manager, Subdivision and Grading, of a Water Quality Management Plan(WQMP) specifically identifying Best Management Practices(BMPs)that will be used on-site to control predictable pollutant runoff. This WQMP shall identify, at.a minimum, the routine, and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan(DAMP)Appendix which details implementation of BMPs whenever they are applicable to a project,the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and shall reference the location(s) of structural BNiPs. (Mitigation Measure) (00cl111-14) j. The developer shall coordinate with the Department of Public Works in developing a truck haul route if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction related impacts to adjacent residents. This plan shall take into consideration any street improvement construction occurring in the vicinity. These plans must be submitted for approval to the Department of Public Works. k. The applicant's gradinglerosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. 3. Prior to submittal for building permits,the following shall be completed:- a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 409. (FD) c. Submit three(3)copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. (FD) d. The Planning Department shall review and approve all the revised_plans as modified pursuant to Condition No. 1. e. All Fire Department requirements shall be noted on the building plans. (FD) £ Residential type structures on the subject property,whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units(all 85) that tie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans, prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building permit(s). (Code Requirement) g: .A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall.include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets,utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof (Code Requirement) (OOdl l l-15 h. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of. building permits. (Code Requirement) i. 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. 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the all the revised plans pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the'Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type,.size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) c. A common open space improvement plan shall be submitted for staff approval and shall include benches, tables,barbecues, and other amenities. d. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) e. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one(1)foot.(PW) f. The Final Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) (0Oc1111-10 g. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. h. Submit gated entryway(access control devices) plans to the Planning Department. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning,Fire and Public Works Departments. i. Submit a letter of map revision from FEMA declaring the lot(s)exempt from floodplain requirements or submit a copy of completed FEMAllevation Certificate(s)for each unit to the Planning Department for inclusion in the entitlement file. j. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach"CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. (PW) k. A final parking plan shall be prepared for the site for review and approval by the Departments of Public Works and Planning. This plan is to show all acceptable on-street parking locations. Parking space dimensions shall be per City code. A minimum of one (1)on-street parking space per unit shall be provided(total 86 spaces). No parking will be allowed along the secondary access easement. (PW and Planning) 1. The Developer shall prepare a signing and striping plan per City standards and guidelines for Atlanta Avenue along the property frontage. (PW) m. A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. (PW) (n) The applicant shall submit recorded CC&Rs and a deed restriction on the property v prohibiting the enclosure of any porches, and any addition and expansion of the residential units. Both the CC&Rs and deed restriction shall indicate that all garages are required to be used for automobile parking. At least 60 days prior to issuance of the first building permit for a dwelling unit, the applicant shall submit the deed restriction to the Planning Department for review and approval as to form and content by.the Planning Department and City Attorney prior to recordation.. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day in the areas where vehicles travel and the soils are processed to keep the'soils damp enough to prevent dust raised by the operations. (PW) I (00C1111-17 b. Wet down areas to be or that is being grading in the late morning and after work is completed for the day. (PW) c. Use low sulfur fuel (.05%)by weight for construction.equipment. (PW) d. Attempt to phase and schedule construction activities to avoid high ozone days(first stage smog alerts). e. Discontinue construction during second stage smog alerts. f. Clearly visible signs are maintained on the perimeter of the site pursuant to Condition No.2.g. g. Construction equipment shall be maintained in peak operating condition to reduce emissions. h. Truck idling shall be prohibited for periods longer than 10 minutes. - i. The construction disturbance area shall be kept as small as possible. j. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) k. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. All haul trucks . shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) 1. Comply with the NPDES Storm Water Permit requirements._(PW) m. A wind barrier along the perimeter of the site shall be provided to contain fugitive dust. n. Any stock piling shall not exceed a height of eight(8)feet. o. . The applicant shall be responsible for paying the cost for a City inspector if called to the site:because,of dust problems: p. All haul trucks shall arrive at the site no earlier than 8:00 am:,'or leave the site no later than 5:00 p.m. and shall be limited to Monday through Friday only. q. Construction- and grading-related water for this development shall not be obtained from the adjacent fire hydrants/area so as not to disturb the surrounding properties. (00c1111-18) 6. Prior to final building permit inspection and approval of the first residential unit(excluding model homes), the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) An automatic fire sprinkler and fire alarm system shall be installed throughout. Prior to system installation, shop drawings shall be submitted and approved by the Fire Department. (FD) 3) Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. This project requires a minimum of six (6)fire hydrants. (City Specification No. 407) (FD) 4) Security Gates shall be designed to comply with City Specification 403. Single lane entry/exit must maintain 14 feet clear access. Multi-lane shall maintain a minimum of 24 feet clear. Note that residential developments must provide automatic opening gates actuated by a strobe-switch.device. This device must be located a minimum of eight(8)feet above finished grade. (FD) 5) Address numbers will.be installed to comply with City Specification No. 428. (FD) 6) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422,Well Abandonment, and City Specification No.429, Methane District Building Permit Requirements. All wells must be shown and plotted accurately on a separate sheet titled"Well/Soil Vent and Methane Barrier Plan". (FD) 7) Emergency access for Fire on Atlanta Ave. must be appropriately designed for fire apparatus weight(52,000 lbs.) and width(20 feet minimum), approach angle, and proper curb treatment. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department and Public Works Department. c. 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. d. If the lots are not considered exempt by FEMt, a second elevation certificate shall be submitted to the Planning Division for each unit"as built." e. The developer shall complete the clean up of all dirt and damage to the area resulting from the project. (00CII I l-19) I f. The applicant shall submit a copy of the recorded deed restriction required pursuant to condition 4(m)to the Planning Department for inclusion in the entitlement file. _ g. The developer shall install signing,striping, and Edison-owned street lighting for the site and for the entry way according to City standards. Plans for these improvements shall conform to City plan preparation requirements and shall be submitted for review and approval to the Public Works Department. h. The developer shall install Edison-owned street lighting with underground service, per Caltrans standards on Beach Blvd. and per City standards on Atlanta Ave. along the property frontage. 7. All conditions of Tentative Tract No. 15816 shall be complied with. 8. The property owner is responsible for all required clean up of off-site dirt, pavement damage and/or restriping of the public rights-of-way as determined by the Public Works Department. 9. Construction shall be limited to Monday—Friday 7:00 AM to 5:00 PM and Saturday from 8:00 AM to 4:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. The Departments of Planning,Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Public Works Director is responsible for compliance with all conditions of approval pertaining to fugitive dust control. The Planning Director and Public Works Director shall be notified in writing if any changes . to tract map are proposed as a result of the plan check process.Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature,an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Tract Map No. 15816, Conditional Use Permit No. 99-3, and Variance No. 99-18 shall not become effective until the ten day appeal period has elapsed. 2. The Planning Commission reserves the right to revoke Tentative Tract Map No.`15816, Conditional Use Permit No. 99-3, and Variance No. 99-18, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 3. All applicable Public.Works fees shall be paid. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (00c1111 20) 5. The applicant shall submit a check in the amount of$3 8.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two(2)days of the Planning Commission's action.. 6. "All common and private landscaping shall be maintained in a neat and clean manner, and in conformance with the BBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. .Substantial changes may require approval by the Planning Commission. 7. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PVC S. An encroachment permit shall be required for all work within the right-of-way. (PW) - 9. A County Property Permit shall be required for all encroachments into OCFCD right-of- way. (OCFCD) _ " r (00c1111-21) 3 "�� r +`roi �' - �� -,ate � �� ems, � ze°'"' _ x `s _g fix..� - � x� - ,� - ate. �,� x� � � � 'k. x� „ .s..._-u .t&;. s-. cz=»_..�,. .r� _.�'%ra bras _ 5,,.„.,�-� - ..:tea SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND ATLANTA &BEACH, L.P., FOR TRACT NO. .15816 This Agreement ("Agreement") is entered into this 5th day of February 2001, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ATLANTA &BEACH, L.P., a Delaware limited liability company,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. 15816; and As a condition of the approval of and prior."to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain .of the work; to agree to perform said work as herein.provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 01 agree/sudd iv-trl 5816/1/9/01 1 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do,perform and pay for the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation,paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, or provide bonding of, 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 obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 01 agree/suddiv-trl 5816/1/9/01 2 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1) year from and after the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s) by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 01 agree/suddiv-tr 15816/1/9/01 3 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to City: A. Faithful Performance: For performance security, in the amount of One Million, Three Hundred Twenty-Five Thousand Dollars ($1,325,000.00), which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Six Hundred Sixty Two Thousand Five Hundred Dollars ($662,500.00), which is fifty percent(50%) of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check; 0 1 agree/suddiv-tr 15816/1/9/01 4 Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE,HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards, commissions, officials, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death,property damage, inverse condemnation; or any combination of these, and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise,from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, 0 1 agree/suddiv-trl 5816/1/9/01 5 including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this project. Said policy shall name City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages-as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the 01 agree/suddiv-trl 5816/1/9/01 6 foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. REST OF PAGE NOT USED 01 agree/suddiv-trl 5816/1/9/01 7 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATLANTA &BEACH, L.P., a Delaware limited CITY OF HUNTINGTON BEACH, a partnership municipal corporation of the State of California �� By: ✓/, 4"46� W lass rris, Vice President Mayo By: " f/ Ca S. Morabito, Assistant Secretary ATTEST: REVIEWED AND APPROVED: City Clerk Q2— Z -o7 City dministrator APPROVED AS TO FORM: pr 23 Ot Attorney tCity 9 ,61 1- INIT ED AND APPROVED: Director of Publict;Wor s 01agree/suddiv-tr15816/1/9/01 8 /' -01;1b-0I 10:41AM FROM-DLD INSURANCE BROKERS, INC. +19492211799 T-804 P.02/04 F-502 - 11 IV^ I r LIMIG71L.1 1 T 11140UMAN 1/18/2001 PRODUCER 949 3 221 88 THIS CERTIFICATE IS I D AS A MATTER OF INFORMATION D.L.D. Insurance Brokers, Inc. Ck rn�� ONLY AND CONFERS N IGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic#0786045 r N� \C .y,`` 421,.61 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. `� o CRIMPANIESAFFORDINGCOVERAGE 26 Corporate Park Suite 200 cOMPANv Irvine CA 92606- A Ins. Co. State of Pennsylvania INSURED COMPANY William Lyon Homes] William Lyon Homes B Inc. COMPANY 4490 von Karman Ave. C Newport Beach CA 92660- COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY FERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICIi THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS LTR DATE UA WD") DATE(MIWODIYY) GENERAL LIABILITY 47982300 11/1 1998 11 1 2001 GENERAL AGGREGATE S $2,C00,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGG S $2,1:0 0,0 0 0 CLAIMS MADE 7 OCCUR PERSONAL E ADv INjuRY S $1,1:0 0,0 0 0 OWNER'S d CONTRACTOR'S cQOT PJlc,t OCCURRENCE S $1,0 0 0,0 0 0 FIRE DAMAGE(AA,om rw) S MEO EXP IAny we w%an S AUTOMOBILE LIABILITY ANY AUTO ;';'-Fi0`1'',.'J A TO F CPJU* COMBINED SINGLE LIMIT S ALL OWNED AUTOS v T -YTTIF --- S !oAll, BODILY INJURY SCnEDuLED AUTOS 1:, y Jy J (Per person) HIRED AUTOS BODILY INJURY NONO*NED AUTOS Y:' (Per scaaont) S t PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTnER THAN AUTO ONLY• EACn ACCIDENT S AGGREGATE S EXCESS LIABILITY , _ ,.._.... ........--. .. - EACM OCCURRENCE S UMBRELLA FORM AGGREGATE S OTnEA THAN UMBRELLA FORM 3 WORRERS COMPENSATION AND W TATU- T; - EMPLOYERS'LIABILITY EL EACn ACGOENT S TnE PROPRIETOR I INCL PARTNERSIEx6CU7IVE EL DISEASE-POLICY LIMIT S OFFICERS ARE ExCL EL DISEASE-EA EMPLOYEE S OTmFR +ESCRIPTION OF OPERATIONSILOCATIONSMEHICLESISPECL4.ITEMS te:Baachsiae See a(lacnea Aaai6orm Insurea Forth C1320t01 185 for aaaltional Insarea woraing. :ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL 9=EMI. City of Huntington Beach 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Risk Management lift 2000 Main Street Huntington Beach CA 92648- AUTHO EO RESF�NTATIVE ,CORD 2S-S(1135) (b ACORD CORPORATION 1986 1% JAN-18-2001 10:37 +19492211799 .9e% P.02 -01-18-01 10:41AM FROM-DLD INSURANCE BROKERS, INC. +19492211799 T-804 P.03/04 F-502 POLICY NUMBER 47980 COMME*L GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLP.ASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (Form B] J This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach its agents,officers and employees; The Redevelopment Agency of the City of Huntington Beach Attn: Risk Management 2000 Main Street Huntington Beach, CA 92648 Re: Beachside If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of"your work"for that insured by or for you. CG 2010 11 85 Copyright, Insurance Service Office,-Ina, 1984 JAN-18-2001 10:37 +19492211799 98% P.03 '01-18-01 10:41AM FROM-DLD INSURANCE BROKERS, INC. t19492211T99 T-8o4 P.oaioa r-auc, .AIYVNW YrI Ivr%I car- 9..1H01L.1 I T II aUK.AWNR 1/1s/.,001 PRODUCER �^ 949) 22 NW SS V' `\ THIS CERTIFICATE IEEO AS A MATTER OF INFORMATION D.L.D. Insurance Brokers, Inc. 1 V__�1 ONLY AND CONFERHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Lic#0786045 �� yti�.b� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26 Corporate Park Suite 200 L INSURERS AFFORDING COVERAGE Irvine CA 92606- INSURED INSuRERA• Eagle Pacific Ins. Company IN"ER B William Lyon Homes, Inc. iNSuRERC. 4490 Von Karman Ave. INSURER 0, Newport Beach CA 92660- INSuRERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITI tSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE 0 OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR Typg OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE % ' COMMERCIAL GENERAL LIABiwTY FIRE DAMAGE(Any one LIo S CLAIMS MADE OCCUR MED EAP Any one S PERSONAL&ADV INJURY S GENERAL AGGREGATE S G@N'L AGCREGATE LIMIT APPLIES PER PROOuCTS-COMPIOP AGG S POLICY El PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO` (Ea SCC40m) $ Au-OWNEDAuT09 SOOILYiNJURY S SCHEDULED AUTOS (Per weon) HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS IPW Bccxwl) PROPERTY OHMAGE S (PeracoaenU GARAGE LIABILITY ALTO ONLY-EA ACCIDENT $ ANY AuTO OTnER THAN EA ACC S AUTO ONLY. - AGC S EXCESS LIABILITY EACH OCCURRENCE 3 OCCUR C,.AIMS MADE AGGREGATE b S DEDuCT,BLE b RETENTION S S WORKERS COMPENSATION AND x I WC u I x t EMPLOYERS'LIABILITY 4S0000285 7/1/2 0 0 0 7/1/2 0 01 E L EACH ACCIDENT b ',000,000 EL DISEASE-EA EMPLOYEE b ,000,000 E I. DISEASE-POLICY uMiT S 1,000,000 OTHER ESCRIPTION OF OPERATION&tOCATIONSNEMCLESiEXCLUSIONS ADDED BY ENDORSEMENTISPCOAL PROVISIONS e:All IDOS/opermon4 Of the Named InSureO. ERTIFICATE HOLDER ADDITIONAL SSURED:INSURER LETTFA: CANCELLATION SHOULD ANY OF Tt/E AaOVE DESCRIBED POL►CtES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLXXXIM&MAIL 30 DAYS W ZITTEN City of Huntington Beach NOTICE TOTHECER71FICATEhOLDER NAMED TO THE LEFT, IIIIIIIIIIIIIIWftL Attn: Risk Management Umom 2000 Main Street Huntington Beach CA 92648- L THO EO REPRESEdTATIVE •llw•� CORD 25-S(7/97) 1 QD ACORD CORPORATION 188E JAN-18-2001 10:37 +19492211799 P.04 Wz^ • BOND NO. 3SM 986 695 00 PREMIUM $Z,950.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and ATLANTA AND BEACH, L. P.. , (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 19 . and identified as project Tract 15816 , is hereby referred to and made a part hereof; and WHEREAS, said principal is required under the terms of said agreement to furnish a bond for.the faithful performance of said agreement. Now, therefor,we, the principal and American Motorists Insurance company , as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the penal SUM Of ONE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND--dollars ($1,325,000.00 ) 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, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the seid agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, (lien this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred'-by-" City-id successfully,enforcingsuch•obligation; all to beaaxed as-costs-and included-iv any judgment rendered. pT 'r•� 1''J i.�.l ii e. .tv C; �% .kt{oTris7 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 performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of lice agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on January 12, , }� 2001 ATLANTA AND BEACH, L. P. , as Principal By M D. Grubbs By_S9d Vibe Pr+esldent American Motorists Insurance Company 1 , as Surety By lJ Victoria M Campbell By Attorney-in-Fact i 2 STATE OF CALIFORNIA ) )' SS COUNTY OF ORANGE ) ON January 15, 2001 , BEFORE ME, Brenda G. Roberge A NOTARY PUBLIC IN AND FOR-SAID STATE, PERSONALLY APPEARED Michael D. Grubbs 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 D SIGNATURE �' MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STAT IN orange COUNTY Brenda G. Roberge (NAME PRINTED) MY COMMISSION EXPIRES 8-07-04 BRBdDA G.ROBERGE Coma bdon#127IMS Orange CCU* MyComm.B#resAug7.= 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 8075 3 STATE OF —1: } Q Ris ' SS. COUNTY OF Ora-ngo On_January 12, 2001 ,before me, .Tani na MnnrnP, Nnf ary Puhl i c PERSONALLY APPEARED Vi atnri a M Camnhpl 1 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 acknowl- edged 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 JAtv1NA MON40F entity upon behalf of which the person(s) acted executed 'f I I C52%;; tY P P O LAt,. Commssi^n, the instrument. '•''; ;y Fuu;c-Ca iiorrdo ;c No(a Cran o County �r Comm.E��:r May:A�, WITNESS my hand and official seal. QLSignature This area for Official Notarial Seal 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 ENTRY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 ttev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT . • BOND N0. 3SM 986 695 00 PREMIUM included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and ATLANTA AND BEACH, L. P. (hereinafter designated as"Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated , 19 . and identified as project Tract 15816 , is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of SIX HUNDRED SIXTY-TWO THOUSAND .FIVE HUNDRED dollars ($ 662,500.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by"City" in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The 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 APPROVED '110' GAIT. 1 T CT,' J 8090 L' i ,;, Attorney affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteraboh or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on January 12 2001 ATLANTA AND BEACH, L.P. , as Principal By: Michael D. Grubbs By: SenieF\r,.e l2raside t American Motorists Insurance Company as Surety By: Victoria M Campbell By: Attorney-in-Fact STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON January 15, 2001 , BEFORE ME, Brenda G. Roberge A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Michael D. Grubbs AN*X 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 M SIGNATURE nij MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Orange COUNTY Brenda G. Roberge (NAME PRINTED) MY COMMISSION EXPIRES 8-07-04 5MDA G. ROBERGE STATE OF CALIFORNIA G) c�rraslon#1271Ws SS Ndla�y Pubes-Cdlramla COUNTY.OF ORANGE ) �pyppr,�rn �2oDt 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 8090.01 2 8090 STATE OF Ce� 4a SS. COUNTY OF—nrange On January 12, 2001 ,before me, Janina Mnnrne, Nntar)z Puhl i r PERSONALLY APPEARED yi c-tnri a M ramnhPl 1 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 acknowl- edged 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 , - J�..�,1 NA MCN 0—E. . entity upon behalf of which the person(s) acted, executed the instrument. z WIly WITNESS my hand and official seal. Signa ��2vL This area for Official Notarial Seal 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 ENTfTY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Mv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT / Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint Janina Monroe,Victoria M.Campbell and Thomas G. McCall of Newport Beach, CA(EACH)aaaaaaaaasa.+aa+aaataa+a their true and lawful agent(s)and attomey(s}ln-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings'*`*"'********'*'**'*'****'****'***"***""""'***"'******'******* EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully.and amply to all intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, .the President, or any Vice President, or their appointees designated In writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seat of the Company thereto,bonds and undertakings, recognizances, contracts of Indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated In writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by.the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony.Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this May 8,2000. Attested and Certified: Lumbermens Mutual Casualty Company `"American Motorists Insurance Company American Manufacturers Mutual Insurance Company. ��Wal Caa4bj ,t�Out. bo e as ,ems to ar e Aa0 014 CORPOIt113 y Aa.�wama CCRPCRATIOa e3 Robert P.Harries,Secretary by J.S.Kemper,III, Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company,Corporations organized and existing under the laws of the State of Illinois,subscribed to the foregoing Instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. AAAAAAIIAAAAA +If "OFFICIAL SEAL" -0 Irene Mower Do. Q Notary PUDIIc;stare 01IlllnoIII f y(INGommIssionExptrwJan23.Mr 00 My commission expires 1-28-02 Irene Klewer,Notary Public CERTIFICATION I,J.K.Conway,Corporate Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attomey dated May 8,2000 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate;and I do further certify that the said J.S.Kemper,III and Robert P.Hames,who executed the Power of Attomey as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this January 12, 2001 ��tual Cif- e �,ats In,.rD r� a nl a 0 �onl Ct� J.K.Conway,Corporate Secretary This Power of Attomey limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attomey-Term Printed In U.S.A BOND NO. 3SM 986 696 00 PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT ATLANTA AND BEACH, L. P. as Subdivider of Tract No. 15816 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said ATLANTA AND BEACH, L. P. (Subdivider) as principal, and American Motorists Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of TWELVE THOUSAND FIVK.'HUNDRED DOLLARS $ 12,500.00 , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 12th day of January 44j 2001 ATLANTA AND BEACH, L. P. , as Principal By: By: Michael D. Grubbs Senior Vice President American Motorists Insurance Company _, as Surety By: Victoria M Campbell By: Attorney-in-Fact Gil 11, . CT-1 , li y: )e;-:_ cy> i ty Attorney 8092.01 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON January 15, 2001 , BEFORE ME, Brenda G. Roberge .''A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Michael D.. Grubbs , 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 � ��. S GNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE(.) IN orange COUNTY Brenda G. Roberge (NAME PRINTED) MY COMMISSION EXPIRES 8-07-04 BRENDA G. R08ERGE Coernission#1D1025 �+o1w wbuc-conrarrio � owe county Mrcon.n.E�ires�►u8�.2ooa 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 8092.01 STATE OF r a-}f s i s SS. COUNTY OF--Arange On January 12, 2001 ,before me, Janina Monroe, Notary Public PERSONALLY APPEARED victoria M Camnhpl 1 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 acknowl- edged 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 '� �; ��' ''qA AMA ONRr� entity upon behalf of which the person(s) acted, executed �65 the instrument. r o:oR�F �i;c-Cci;. t o•: Cror^n C 0- .. ,,y r, ate- OJi)i WITNESS my hand and official seal. — r-Y30.2X22 Signatur � .I This area for Official Notarial Seat 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 TITLES) TITLE OR TYPE OF DOCUMENT ❑ 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 ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Home Office: Long Grove, IL 60049 , POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the"Company")do hereby appoint Janina Monroe,Victoria M.Campbell and Thomas G. McCall of Newport Beach, CA(EACH) their true and lawful agent(s)and attomey(s}in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings*********'*•*•"**'*•***•*'*********'*"•*"'*"""""""'*'*'*"•' EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attornney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of.the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of Indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this Instrument to be signed and their corporate seals to be affixed by their authorized officers, this May 8,2000. Attested and Certified: Lumbermens Mutual Casualty Company 'American Motorists Insurance Company American Manufacturers Mutual Insurance Company _ tuel f:a�a+� �Mui a ?°�1sls fn��a All CCBP0t4� $ �? ooeeoxmoil e e f.ielp SEAL Y °WV \\fir° �t Gs°.� Robert P.Harries,Secretary by J.S.Kemper,III,Exec.Vice President STATE OF ILLINOIS SS COUNTY OF LAKE I, Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Harries personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company,Corporations organized and existing under the laws of the State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. #AAAA#IIAAAA• •0 Irene ►rOSEAL" • Irene Kl(ewer ► 4 Notary Publlo,Sta:e 011111nole r► .f IN Gomm lssion Expires Jan 29.Mac My commission expires1-28-02 Irene Klewer,Notary Public CERTIFICATION I,J.K.Conway,Corporate Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attorney dated May 8,2000 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate;and I do further certify that the said J.S.Kemper,III and Robert P.Harries,who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this January 12, 12001 tual Cif6 e �,blaIn+A11.1LL11d8 ma�a� ecaroaanox�0nf GNP - J.K.Conway,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney-Term Printed in U.S.A RCA ROUTING SHEET.... INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 15816 (Beach and Atlanta) COUNCIL MEETING DATE: February 5, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Ap plicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached ... `EXP:LANATION°FOR MISSING ATTACHMENTS . REVIEWED RETURNED FORWARDED' Administrative Staff l ds' d ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( 021P ) City Clerk ( ) ;;EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:HF:RR