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HomeMy WebLinkAboutFinal Tract Map 15690 - LENNAR HOMES - Holly Seacliff Dev Ag FINCity of Huntington Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER �`j 5'r CERTIFIED MAIL May 17, 2005 Travelers Casualty and Surety Company of America One Tower Square, 4MN Travelers Hartford, CT 06183 To Whom it May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bond on May 2, 2005: Tract# 15690 Guarantee and Warranty Bond No. 1041-25095 We are releasing the bond and have enclosed it for your file. We have also enclosed a copy of the City Council Action approving the release of the above-referenced bond. 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: PLC — Lennar Homes 19 Corporate Plaza Dr. Newport Beach, CA 92660 T rri Elliott, Principal Civil Engineer(no attachments) Joan Flynn, City Clerk(no attachments) 'PITY OF HUNTINGTON BEAC MEETING DATE: March 1, 2004 DEPARTMENT ID NUMBER:PW 04-018 Council/Agency Meeting Held: 3 Deferred/Continued to: /111_Approved ❑ Conditionally Approved ❑ Denied Cit erk gnatur Council Meeting Date: March 1, 2004 Departmen D Number: PW 04-018 CITY OF HUNTINGTON BEACH o c REQUEST FOR ACTION - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS co n , _U SUBMITTED BY: RAY SILVER, City AdministratorOQ: l� PREPARED TY�: OBERT F. BEARDSLEY, Director of Public Work I SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT NO. 15690 AND ACCEPT THE PUBLIC IMPROVEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: PLC, A California General Partnership, the developer of Tract No. 15690 (located at the west side of Edwards Street, approximately 150 feet south of Ellis Avenue), has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15690; and, 2. Accept Guarantee and Warranty Bond No. 104125095, the security furnished for guarantee and warrantee 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. B32649220 and Monument Bond No. B32649221 pursuant to California Government Code Section No. 66499.7(b); and, 4. Instruct the City Clerk to notify the developer, PLC, A California General Partnership, of this action and the City Treasurer to notify the Surety, Travelers Casualty and Surety Company of America, of this action; an 04-018 Mar 1 Bogart(Tr 15690 Bond Release) 21412004 11:50 AM 1 REQUEST FOR ACTION MEETING DATE: March 1, 2004 DEPARTMENT ID NUMBER: PW 04-018 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. Analysis: On July 1, 2002, the City Council approved Final Map No. 15690 and accepted bonds from PLC, A California General Partnership, the securities furnished for faithful performance, labor and material and monuments. The developer, PLC, A California General Partnership, 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 66499.79(a). Public improvements constructed consist of the domestic water system and appurtenances and the sewer system and appurtenances within the public street. 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 builder, Lennar Homes of California, Inc., has provided Guarantee and Warranty Bond No. 104125095 as security for the one-year warranty period. Following is a list of project data: Developer: PLC, A California General Partnership, 19 Corporate Plaza Drive, Newport Beach, CA 92660 Engineer: Walden and Associates, 18012 Cowan, Suite 210, Irvine, CA 92614 Location: 6454-6480 Marigayle Circle (west side of Edwards Street, approximately 150 feet south of Ellis Avenue) Zone: SP-9 (Holly-Seacliff Specific Plan — Residential Low-Density) No. of Acres: 2.709 No. of Lots: - 8 numbered and 2 lettered 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 . . - NumberDescription 1 Location Map 2 Guarantee and Warranty Bond No. 104125095 3 Acce tance of Public Improvement Form 04-018 Mar 1 Bogart(Tr 15690 Bond Release) 2/10/2004 2:10 PM ATTACHMENT # 1 � IL ELUS AVENUE to TRACT 15690 3 � Ing GARFlELD AVENUE � uar ]A Location Map ATTACHMENT #2 10. Park and recreation in-lieu fees shall be paid, or accrued credits assigned, prior to Council approval of the final map. 11. The applicant shall submit a check in the amount of$43 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 City Council's action. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 13. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. 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. 12 ATTACHMENT #5 SHEET 2 OF 2 ALL OF ACREAGE:TENTATIVE.709 CRES GROSS TRACT N0, 15690 TRACT NO' 15690 8 NUMBERED LOTS. 2 LETTERED LOTS DATE OF SURVEY: JANUARY 2002 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES DAVID L. WALDEN, L.S. 3347 JANUARY 2002 BASIS OF BEARINGS: MONUMENTS: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL 0 INDICATES FOUND MONUMENT AS NOTED OR REFERENCED HEREON: STATION CPS NO.5053RI AND STATION GPS NO.5058 BEING NORTH D019'3Y EAST PER RECORDS - ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. SEARCHED.FOUND NOTHING AT ALL BOUNDARY CORNERS. DATUM STATEMENT: ❑1 FOUND Y I.P.AND TAG STAMPED'LS.3347- IN WELL MONUMENT PER CORNER RECORD 914. COORDINATES (199 3 WED ON CALIFORNIA ALLRDIHATECE9 SNOWNOARE)GROUND UNLESS CPSSTA NO.50N IS 0553Rt)TME CENTERLINE INTERSECTION OF EOV/AfIDS STREET AND GARFlELD AVE. OTHERWISE NOTED. TO OBTAIN GRID DISTANCE MULTIPLY GROUND DISTANCE BY 0.929975045. I] FOUND r I.P.AND TAG STAMPED-L.S.3347- IN A STANDARD CITY WELL MONUMENT,DOWN 0.64'. PER CORNER RECORD 913.STATION IS LOCATED AT THE CENTERLINE INTERSECTION OF EDWARDS ESFNFR Nfl_TF_5: STREET AND ELLIS AVENUE(GPS STA. 5058). [ AI RECORD PER P.M.B.42/25. r IRON PIPE WITH TAG STAMPED"L.S.3347-OR SPIKE AND WASHER STAMPED'LS. 3347' < > RECORD PER GRAM DEED RECORDED MAY 9. 1996 AS INST.N0. 19960274597,O.R. OR LEAD AND TAG STAMPED'L.S.3347-TO BE SET AT ALL BOUNDARY CORNERS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS.UNLESS OTHERWISE NOTED. - ALL LETTERED LOTS ARE NOT SEPARATE BUILDING SITE. 1' IRON PIPE WITH TAG STAMPED'L.S.334r OR SPIKE AND WASHER STAMPED'LS.334r - MARIGAYLE CIRCLE IS TO BE DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR STREET OR LEAD AND TAG STAMPED'LS.3347- TO BE SET AT THE LOT CORNERS.STREET CENTERLINE AND UTIUTY PURPOSES PER THIS MAP. - INTERSECTIONS AND CUL-DE-SAC RADIAL POINT WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, - LOTS'A'AND' ARE TO BE DEDICATED TO THE CITY OF HUNTINGTON BEACH FOR UNLESS OTHERWISE NOTED. E LANDSCAPE PURPOSES PER THIS MAP. AC M NT FG ND: - LOT'A•CONTAINS 0.037 ACRES 0 INDICATES A 2.00 FT.EASEMENT FOR PUBLIC UTILITIES OEMCATED TO THE CITY OF 14UNTUNGTON LOT'B' CONTAINS 0.04J ACRES BEACH PER THIS MAP. OINDICATES A 10.00 Fr. EASEMENT FOR SEWER PURPOSES DEDICATED TO THE CITY OF HUNTUNCTON BEACH PER THIS MAP. © INDICATES AN FASEMEM i0R ROADS.RAILROAD$AND DRONES IN FAVOR OF.THE STFARNS RANCHOS COMPANY,RECORDED JULY 19. 1905 IN BOOK 91,PAGE 134 OF DEEDS. ACCORTO AS CEN101 SM1104 2 34.15 S.IT 11 W L ELLIS AVENE N _ N 8r4J28•W 20DO'<M 8T4334•W 26500•> �iL G 7A N IO6m' _ 72m' 72m• I R lam• N42005e3896 n e9.4320•FA' I EHA24e37.957 T $ C 40 1 8 3 SCALE: 1'.40• I T m T4 4om . . •^ et n e94378•W 18030' L y o I 47 q �` 051 g( r1 1 • 1�' u/,� 6L,N *y aa'/7• IT T4432W I sI 4T I st$'rfg8 nerou w 2zon RAo) d 8 [r <• a�uom y I MAwj��il�� Me• <flauc lVT 57zuT> A 0o H STOW ) u I y ` 54 13' S0m' �- _ 000• I� r - � 4� �T'j I r n u2a•w H eruze•w tssm• fi l 71 9 ho bi tG.ALIfdNA $ - 40 j D -252m' L 1 I (II Io nm• N er327P IF ILSm'> I - 6 893228•W 9ee33' E n en"*E 90e33'1 ACCO 1T PAID,ITL2.1 PC Or N I FARM FCL4D r IP.FRL2O Wire GOWN=Mill SOURI•m �• O15M CDYANr 9e155 CAP 5rA1PED%S. SEARORD FOR,FOND HOMING I $ 282r,DOWN 13'PER PAD.42/25 ON T OFFSET 5LY $ S g MDD TOR I.M. ql s IS �w2 'l J` Glmve raeLc am DELTA RADU4 IDIOM LC[ ecADrNc pSfaHCC O� DI Ll SGID13r 34m• 3323' U n 1r3673'C 1036• c2 33352W 34m• 2016• L2 IXOClG3rEI 2600• C3 0371W 54m• 3m• G 33{1DT fi r Mm•m' 3123' I - W 4717D l 3e36' a OG 3e373r km• .31DI• 0Z c7 473T' m• 32.40' T Go 3q%31r Km' 31.19• 1 n a G9 3rZl5Y 46m' 30m• 1 ST I71 CIO 5017CT AGOG' 403r {iiiSSS l cm 3FM5r 34m• 3233' , - cD Mm' 2m• m G37 33582r 34 ' 16• C14 7G7)13r 34m• M25- . 015 2M7O• 60m• 2712' 1 I C-16 WW5T COD' 31.99, _`i �..,.w �+ GPS.Sn.NO.5OJ3 4 _ c17 90mW 340• 53,1' ®�• .'_ •o I H.2197414387 CIO 9ODOW DO• 63A' -J - -- - '�� 1 I E•V24e23264 u0 4410 m 1JC G4RfICLD AVOW1 1 I sanDY s a a/c It LW.W ATTACHMENT #6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND Fl 6,, A Cat F::oruA- FOR TRACT NO. 1 Fj THIS AGREEMENT ("Agreement") is entered into this 1st day of July 2 002 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," `� ( peter lP and a California ¢, 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. ( � ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this 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, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-0114125/02 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, 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; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all 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 the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY .may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/4/25/02 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required.by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1)year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as 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 any statement 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 the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-01/4/25/02 3 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of nAt HWldff,�fily [�bJ�t>' A Dollars ($ 10 XQ. , which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/4/25/02 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of �I r-TWO f'14� FiV—HWd Ve( Dollars ($ 52i iZ'00), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of- Cash, certified check, or cashier's check. Acceptable corporate surety bond. 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 one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-I8-01/4/25/02 5 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) 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 nonnegligent) 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. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing-this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. 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 defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One agree/forms/subdiv 10-18-01/4/25/02 6 • • Million Dollars ($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 One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents 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. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide .that such policy will not be canceled or modified without thirty (30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/forms/subdiv 10-I8-01/4/25/02 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, 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. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/forms/subdiv 10-18-01/4/25/02 8 TO CITY: TO SUBDIVIDE"R:: City of Huntington Beach ATTN: Director of Public Works 4 6T0a-k-T(6(UWVC 2000 Main Street Huntington Beach, CA 92648 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a t whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/forms/subdiv 10-I8-01/4/25/02 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed-it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/4/25/02 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES Except as expressly set forth in Section 10 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agree/forms/subdiv 10-18-01/4/25/02 11 agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a 61(4DCO lA mmo PA►"�49 municipal corporation of the State of California By: Mayor ATTEST: print name ITS: (circle one)Chairman/President/Vice President AND City Clerk 0-olfaa By: APPROVEDAS TO FORM-. ' print name A CA ITS: (circle one)Secretary/Chief Financial Officer/Asst. City Attorney /UIX Secretary—Treasurer r S U-Z INIRATSP �A PPROVED: REVIEWED AND APPROVED: —Eity Engineer— ��� _D l REG.ZO R_O_F__P tA&L LC_...V%/O-R KS-- C Administrator agree/forms/subdiv 10-18-01/4/25/02 12 PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its general partner By: Name: Title: r:� TA2Y By: —� Name: Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES C LIFORNIA,INC.,a California corporation, its Attorney-in-Fac By: Name: a� Title: r :BY Name: Title: r:��QPl� �e 'L►^ 0.Y'�J 5/20/2002 __ _ _, •, __ , , -.. -,o c4a U1 l G -> PLC Land Company; Page 2 06/04/2002 09:59 FAX 415 249 0112 METRO/RISK SAN FRANCISCO • 1@002 • CORotr CERTIFICATE OF LIABILITY INSURANCE —7-L13100 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION METRO/RISK,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 750 Battery Street, Suite 550 (�,�+Ay� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, San Francisco,CA 94111L� l INSURERS AFFORDING COVERAGE NAIC# INSURED rL qu. 60 INSURERA: Evanston Insurance Co. _ 35378 _ PLC Land Company INSURER B: I_urnbermeWs Mutual Casualty Co. 22977 _ 19 Corporate Plaza INSURERC: _ Newport Beach, CA 92660 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Or IYE9 OF INSURANCE POLICY NUMBER ICY EFM1 ACTIVE POLICY P RATION LIMITS GENERALUABILTTY EACH OCCURRENCE f .1,0p0,8(1 A COMMERCIALGENERALUABILITY OZGLP1005795 01/01/02 01/01/03 FR 41SEs(Fa c=m e $ OII CLUMS MADE DG_1 OCCUR Con mercial MEO EXP Anr«wpersonl f EXCIlI4i' Y General Liability PERSONAL&AOVINJURY S CBI GENERALAGGREGATE $ OEN'LAGGREGATEUMITAPPLIESPER: PRODUCTS-COMP/OPAGG S 00 POuC PRO• LOC A1) AUTOMOBILE I.IAbILITY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULEOAUTOS (PprperSn) S HIRED AUTOS OPTED AS TO Alp {� AttOrUe (P r YINJURY ccid nt) NON.OWNEDAUTOS S G� L BUTTON, C ltt. � _,. Deputy C1 PROPERTYOAMAOE BY (Persoddenq 3 GARAGE LIABILITY �t;5V1U ` UTOCI -'EAACCIDENT S -_- ACC 3 ANY AUTO vile-�1� � p AT14ERT YN SAG f EXCESSAIMRELLA LIABILITY EACH OCCURRENCE S _ OCCUR CLAIMS MADE AGGREGATE E ~ S oEDucnBLE SR _ RETENTION S S WORKERS COMPENSATION AND WCSu1'U- OR EMPLOYERS'MAVILTTY EL,EACH ACCIDENT s 1 nnn_Ofl( ANY PROPRIETOR1PARTN6R1GXCCUTIV E �—-�- B OFFICERIMEMBER EXCLU41)? 3BA086398-00 04/16/02 04/16/03 E.L DISEASE-EA EMPLOYEE 11 yes,dc011De under SPECIAL PROVISIONS0610. E.LDISF-ASE-POLICYLIMIT 8 1U OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVI91ON9 See attached additional insured endorsement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRI9ED POLICIES BECANCELLeD BEFORE THE EXPIRVION City Of Huntington Beach Attu: Sarah DATE THEREOF,THE ISSulwa INSURER WII.Lr ffIKMAIL_afL DAYS WRI71 EN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,6Abf'ill09 2=& Huntington Beach,CA 92648 " 'Y` F 10 Fax: 714 374-1590 AUTHORIZED REPRESENTATIVE f ACORD 26(20011081 ea arnnn eV�aana Artr%m 4 uaa ,�va..oiveu a of �i uz i :ecs�aM; 416 249 0112 -> PLC Land Company; Page 3 06/04/2002 09:59 FAX 415 249 011� METRO/RISK SAN FRANCISCO Q 003 Y' Additional Insured - Owners, Lessees or Contractors (Form B) CG 20 10 11 ,85 C4 wrk - Vet Fly Policy Amendment General Liability y20.60 Insured Policy Number PLC, a California General Partnership Evanston Insurance Co. 19 Cozporate Plaza 02GLP1005795 Newport Beach,CA 92660 Producer Effective Date METRO/RISK,Inc. 01/01/02 to 01/01/03 750 Battery Street,Suite 550 San Francisco,CA 94111 Schedule Name of Person or Organization City of Huntington Beach,its agents,officers,and employees 2000 Main Street Huntington'Beach,CA 92648 (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. APpR0�1F%D AS TO FORD: e; HUTTON, City b6ttorU®F 8kiL y: Attorxiey DePut-Y City 0V Brian Marx Vice President ATTACHMENT #7 BOND NO,B32649220 •PREMIUM 0.1-0c;Q_00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and PLC, A California General Partnership (hereinafter designated as principal")have entered Into an agreement whereby principal agrees to install and complete designated.public improvements,which said agreement,dated Street Improvements 99 and identified as project Tract 15690 ,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 Gulf Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal sum of One Hundred Five Thousand and No/100ths dollars($ 105,000.00 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 said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and In the manner therein specified,and In all respects according to their true intent and meaning, and shall indemnify and save harmless'City', its officers, agents and employees,as therein stipulated,then this obligation shall become null and vold; 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 In successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. i t . 4 • 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 the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 24 2002 111C► A Ql'fr''''"a G312ra1 ` ' , as Principal By By_ Z&/Aba� Gulf Insurance Canpany as Suretv By Victoria. M. Campbell By Attorney-In-Fact AP OVED AS TQFOR TY CI AT JENNIFER MQGRATH 2 PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its general partner, By: y Name: DanielO'Bannon Title: By: Name: Christopher C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAeES LIFORNIA,INC.,a California corporation, its Atto By: Name: J aTitle: �c� By: 4� - Name: A112,A Qu,an Title: y Ff2 5/28/2002 STATE OF CALIFORNIA • ) SS COUNTY OF ORANGE ) ON 3 . ��' d— ,BEFORE ME, Roberta M. Kern , A N TARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED )ail ai O'BG.nnQn AND Christopher.C. Gibbs PERSONALLY KNOWN TO ME 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. WITNE MY H D SIGNATURE 0- a MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN D COUNTY Roberta M. ►fern (NAME PRINTED) MY COMMISSION EXPIRES A- ROBERTA M.KERN �— COMM.# 1283372 Notary Public-Calilorniac Orange County STATE OF CALIFORNIA N DEyCEMBER Expires . 4 SS . COUNTY OF ORANGE ) ON Ma, 36- a66a ,BEFORE ME, t � I i =------ , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED JT nath M id9e- AND A-11 a� Q UZ4i , PERSONALLY KNOWN TO ME( AeTO, -Em ENG£-) 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 P NCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES LI-1 1-0 Di E BAKE CommWon#1257717 Z Notary Public—Coffomio Orange CoZI %MNy Comm.fames A9.2704 STATE OF California SS. COUNTY OF Orange On MAY 2 4 2002 ,before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell 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/ JANINAMONROE their signature(s) on the instrument the person(s), or the commission f# 11 B5265 entity upon behalf of which the person(s) acted, executed Notary Public-California f the instrument. Z Orange County MYCcmm 6esMay30,2LD2 WITNESS my hand d official seal. Signa - This area for Official Nofarial 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 TTTLE(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 ENTr Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE )°-081 Mv.6/94 ALL-PURPOSE ACKNOWLEDGEMENT �OND NO. B32649220 REMIUM Incl. In Pr=tf. Bird LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California,and PLC, A California General Partnership (hereinafter designated as'Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement.dated Street Improvements 1g and identified as project Tract 15690 ,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 Fifty Two Thousand Five Hundred & No/100ths dollars ($ 52,500.00 1,for materials fumished or labor thereon of any kind,or for amounts due under the.Unemployment Insurance Actwith respect to such work or labor,that said surety will pay the same In an amount not exceeding the amount herainabove 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,axtenslon of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond, and it does hereby waive notice of any such change,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above Warned,on May 24 2002 PLC, A California General Partnership , as Principal By: (9w,A-fTTMffEV 96t-1A LYE 2?i Bv: Gulf Insurance Company , as Surety 1,�1�), I;A n- (6 Br Victoria M. Campbell 8y; Attorney-In-Fact STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME; A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its general partner By: Name: Daniel O'Bannon Title: Yi-r �„,.Lewr By: Y Name: Christopher C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR AEFLIFORNIA,INC.,a California corporation, its Attorne By: Name: j �aTitle: i By: Name: 1 Title: U t gs i rQ S l ci Qn l 1 AP ROV D AS/T�/Oj FORM Oy TY I 'ATT NEY J NIFE MCGRA 5/28/2002 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON Q3. �o ,BEFORE ME, Roberta M. Kern , A N ARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Daniel O`Bannan AND Christopher C. Gibbs , PERSONALLY KNOWN TO ME( D S'FA=RrEVMENC€) 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 ND SIGNATURE MY PRI CIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Yz:- �- COUNTY Roberta Mi Kean (NAME PRINTED) MY COMMISSION EXPIRES aDQ y :,...._ ROBERTA M.KERN COMM. r" # 1283372 2 Notary Public•Calitorniam County - tvl Comm.Expires ..► DEyCEMBER 8.2004 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON •YA�!11 3a,boa ,BEFORE ME, D-¢t--P-',)a.P-&r n)0� Lj- A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED . 0 Y1 a1* YY1. c1`tt� AND A� PERSONALLY KNOWN TO ME( ) 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 CW. MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Vra,na? - COUNTY (NAME PRINTED) MY COMMISSION EXPIRES " 19 '0 @ r.4.4Dff BAIL Commlalon#1257717 Z N&aM Pubec—Coltlomla orange County My Comm.Bq*m Apr 19,2004 STATE OF California SS. COUNTY OF Orange On MAY 2 4 2002 , before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell 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/ JANINA MONROE their,signature(s) on the instrument the person(s), or the Commission# 11155265 z entity upon behalf of which the person(s) acted, executed Notary Public-California y Orange County the instrument. My CommE2;* sMay30,2= WITNESS my hand and official seal.- Signature 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 nTLE(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 ENTnY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a co.,p_ration duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by th=Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August,1903,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of Company shall nave authority to make,execute and deliver a Power of Attorney constituting as Attorney-ire:-Fact.such persons,firms,or corporations as may be selected from --to time-and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked.by the President, or any Executive Vice President, or any Senior Vice Presid=n,011 by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that no h ing in this Power of Attorney shall be construed as a grant of author::/ o the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and :r:ified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future „ith respect to any bond and documents relating to such bonds to vr-:icll they are attadhed." Gulf Insurance Company does hereby make,constitute and appoint TOM MCCALL VICTORIA M. CAMPBELL JANINA MONROE its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized o�:iicer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Co:i;pany shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. s�F`^NCe c GULF INSURANCE COMPANY C7�`�GOPPo�r��,o 9� SEAL P. STATE OF NEW YORK COUNTY OF NEW YORK } SS c0 EcI\ Lawrence P. Miniter Executive Vice President On this 1st day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. O ()TARS 7 n r David Jaffa STATE OF NEW YORK7 L%C, 047 Notary Public, State of New York 't No. 02JA4958634 COUNTY OF NEW YORK } .SS OF NE`N Qualified in Kings County Commission Expires December 30,2001 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. suaANCF eo -Dated the MAY 2 4 2002 day of 20 v GOPPG�l SEAL f' C0 "E CT\G`�� George Biancardi Senior Vice President BOND NO, B32649221 PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, A California General Partnership as Subdivider of Tract No, 15690 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 engineers or surveyor's certificate stating that all final monuments will be set in the positions Indicated on or before the date specified in said certificate: That said PLC, A California General Partnerhhip (Subdivider) as principal, and Gulf 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 $ 5,500.00 ,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 24th day of may , }$� 2002. ; PLC,. A California General Partnership as Principal By: By: i Gulf Insurance Company ,8s Suety By. v Vic oria .M. Campbell By: Attorney-In-Fact AP OVED AS TO whIvi By: rVi D C{TY. WEY sosz.oi J NN ER McGRATH L PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its general partner By: Name: /Daniel O'Bannon Title: By: Name: Christopher C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC, a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES ALIFORNIA,INC.,a California corporation, its Attorney-in-Fact By: Name: _ YA. 01 Title: t Pro I By: � Name: Title: V►CA pye a&"'i 5/28/2002 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 3. BEFORE ME, Roberta M. Kern , A NO RY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Daniel G'Bannon AND Christopher C. Gibbs PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES H D SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY ROberta M. Kern (NAME PRINTED) MY COMMISSION EXPIRES 6, sod :.�ww,. ROBERTA M.KERN COMM.# 1283372 Notary Public-California Orange County STATE OF CALIFORNIA ) to M Comm.Expires •r SS _ DEYCEMBER 6,2004 - COUNTY OF ORANGE ) - ON YY1�36,�d6� ,BEFORE ME, L¢iz-2%ake � � aye. R L6 I•1 c— , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED TdY1%t-ha.tA M. Tcaaf— AND (I-rv1 Q u.Alll� PERSONALLY KNOWN TO ME( ) 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 l k U MY PR NCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ►' COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 4 DEE BAI Co 12�'' DEE BARER —c.:<; Cammkdm#'1257717 r :•.. Notary Public—Calltomic �9 Comm. ,: Orange County Ally Corm.Fives Apr 19,2004 STATE OF California SS. COUNTY OF Orange On_ MAY 2 4 2002 ,before me, Janina Monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell 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/ JANINA MONROE their signature(s) on the instrument the person(s), or the _@MyCWMBVjes"30,2M21 Commission# 1 Ia5265 Z entityupon behalf of which the person(s) acted, executed Notary Public-California P P ( ) '� Orange County . the instrument. 4VTINESS m hand d official seal. Signatur 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 ENTr Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance CrOmpany, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution.ad.upted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August,1993.to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Pow er of Attorney constituting as Attorney-in-Fact.such persons:firms,or corporations as may ce selected from time to time;and any such Attorney-in-Fact may be removed and the authority grant- . ed him revoked by the President, or any Executive Vice President,or any Seniior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a gra;if of authority to the aft orney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice Presid n of any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint TOM MCCALL VICTORIA M. CAMPBELL JANINA MONROE its true and lawful attorney(s)-in-fact, with full po-.er and authority hereby conilerred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings or suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. S��'N0F GULF INSURANCE COMPANY �� o j� COPPCR4)�'�i7 C7 STATE OF NEWYORK SEAL d�L P. 0 COUNTY OF NEW YORK I SS ECT\ Lawrence P. Miniter Executive Vice President On this 1st day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. 0�0) _kDavid Jaffa STATE OF NEW YORK -• Notary Public, State of New fork . SS No. 02JA495804 COUNTY OF NEW I Qualified in Kings County Commission Expires December 30,2001 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWE' OF ATTORNEY remains in full force. Signed and Sealed at the City of New fork. suAA"cF CO Dated the MAY 2 4 2002 day of 20 J� GpPPOR„ST��7 f �� CT 4 Georee Biancardi Senior Vice President RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 15690 PLC One Lot Subdivision COUNCIL MEETING DATE: July 1, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome ) 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 M. EXPLANATION F MG;:OR MISSATTACHMENTS N/A ;REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM (Below • . For Only) RCA Author: HZ:SH:RS:kjl 1 • 010 (� City of Huntington Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER May 17, 2004 CERTIFIED MAIL Travelers Casualty and Surety Company of America One Tower Square, 4MN Travelers Hartford, CT 06183 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on March 1, 2004 approved the release of the following bonds: Tract# 15690 Faithful Performance and Labor&Material Bond No. B32649220 Monument Bond No. B32649221 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT, CMFA City Treasurer Enclosures cc: PLC Land Company 19 Corporate Plaza Dr. Newport Beach, CA 92660 Terri Elliott, Principal Civil Engineer(no attachments) Liz Ehring, Assistant City Clerk(no attachments) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 4, 2005 Lennar Homes of California Attn: Leslie Cantrell 25 Enterprise Aliso Viejo, CA 92656 Re: Release of the Guarantee and Warranty Bond for Tract No. 15690 Please be advised that on Monday, May 2, 2005 the City Council of the City of Huntington Beach took the following action: Approve the Release of the Guarantee and Warranty Bond for Tract No. 15690 Located at West Side of Edwards Street Approximately 150 feet South of Ellis Avenue (Builder- Lennar Homes)- 1. Released Guarantee and Warranty Bond No. 1041-25095, the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developer, Lennar Homes of California, of this action, and the City Treasurer to notify the Surety, Travelers Casualty and Surety Company of America, of this action. Sincerely, n L. Flynn y Clerk JL:pe glfollowup/tracVrelease bonds for tract-letter.doc (Telephone:714-536-5227) • I S /�iQL—�dCw rLIC f/ C T Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied emu- Cit CI rk's ignat e Council Meeting Date: 5/2/2005 Departmen Number: PW 05-30 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION a f° SUBMITTED TO: HONORAB E MAYO A�Y COU CIL MEMBERS CD-i SUBMITTED BY: PENEL PE CUL RETH-GRAFT, CI Y ADMINISTRATORS' PREPARED BY�eAUL EMERY, ACTING DIRECTOR OF PUBLIC WORK _ SUBJECT: Approve The Release Of The Guarantee And WarrantyrBo d For Tract No. 15690 Fstatement 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 15690 located at the west side of Edwards Street, approximately 150 feet south of Ellis Avenue. The Guarantee and Warranty Bond provided by the builder, Lennar Homes of California, as the security furnished for guarantee and warranty of improvements is eligible for release. Funding Source: Not applicable. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. 1041-25095, the security furnished for guarantee and warranty of improvements; and, 2. Instruct the City Clerk to notify the builder, Lennar Homes of California, of this action, and the City Treasurer to notify the Surety, Travelers Casualty and Surety Company of America, of this action. Alternative Action(s): Deny the recommended action. Analysis: The City Council, on March 1, 2004, accepted the improvements constructed and dedicated for public use within Tract No. 15690 and accepted Guarantee and Warranty Bond No. 1041-25095, the security furnished for the guarantee and warranty of improvements. California Government Code Section 66499.3(d) requires that security for the guarantee and warranty of the improvements be. posted upon acceptance of the public improvements, and that the security remain in effect for a period of not less than one year. Public improvements constructed consist of the domestic water system and appurtenances, and the sewer system and appurtenances within the public street. • REQUEST FOR ACTION • MEETING DATE: 5/2/2005 DEPARTMENT ID NUMBER:PW 05-30 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. Following is a list of project data: Builder: Lennar Homes of California, Inc., Attn: Leslie Cantrell, 25 Enterprise, Aliso Viejo, CA 92656 Developer: PLC, A California General Partnership, 19 Corporate Plaza Drive, Newport Beach, CA 92660 Engineer: Walden and Associates, 18012 Cowan, Suite 210, Irvine, CA 92614 Location: 6454-6480 Marigayle Circle (west side of Edwards Street, approximately 150 feet south of Ellis Avenue) Zone: SP-9 (Holly-Seacliff Specific Plan — Residential Low-Density) No. of Acres: 2.709 No. of Lots: 8 numbered and 2 lettered Public Works Commission Action: Not applicable. Environmental Status: This recommended action to release the security is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Map GAR C A\2005\05-030 May 2 Wagner(Tr 15690 Bond Release) .doc -2- 4/18/2005 2:05 PM ATTACHMENT # 1 � IL EWS AVENUE TRACT 15690 W � z C9 GARFlELD AVENUE � czar AVfNJE Location Map RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of the Guarantee and Warranty Bond for Tract No. 15690 COUNCIL MEETING DATE: May 2, 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 Attome Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attome Certificates of Insurance (Approved b the City Attome Attached El PP Y Y Y) Not Applicable Fiscal Impact Statement (Unbud et, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable Attached El Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached p ( PP ) Not Applicable Findings/Conditions for Approval and/or Denial Attached El Findin g pp Not Applicable EXPLANATION-FOR`MISSING . TTACHMENTS`:.'` 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 RECEIVED BY: CITY CLERK RECEIPT COPY i Return DUPLICATE to City Clerk's Office (Name) r( after signing/dating b (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: ZY't— DATE: SUBJECT: Bond Acceptance I have received the bonds for S ' k. (Company Name) Faithful Performance Bond No. i= Labor and Material Bond No. Monument Bond No. , / Maiintenance-Bend-No. 4L I o`�`// — Re: Tract No. CC No. MSC No. Approved Agenda Item No. C� (Council Approval Date) City Clerk Vault NO. — 60 #27 g:/followup/bondletter doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) .CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh i Freidenrich, City Treasurer FROM: DATE: — — SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance.Bond No. . Labor and Material Bond No. Monument Bond No. Re: Tract No. CC No. MSC No. Approved 1 — / —c0O/Agenda Item No. (Council Approval Date) / City Clerk Vault No. S (mo �. o #27 g:/followup/bondletter.doc BOND NO. 1041 25095 PREMIUM_ $100.00 GUARANTEE AND WARRANTY BOND WHEREAS, Lennar Homes of California, Inc. , as a Principal,and Travelers Casualty and Surety Company of America a corporation organized under the laws of the State of Connecticut 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 Ten thousand, Five hundred dollars $101500.00** 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 for work described as follows: street, storm and water impr.ovemeuts, Tract•.15690, Nautical North WHEREAS, said contract provides that the Principal will fumish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all toss 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 August 19 ,U_ 2003 Lennar Homes of California, Inch principal e � D vid Ev ns, vq ce President Dee Baker, Assistant Secretary APPROVED AS TO FORM: NIPER MCGRATH,City Attorney TRAVELERS CASUALTY AND SURETY COMPANY OF AMER WA ,8S Surety By By Patricia H. Brebner, Attorney-in-Fact STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , 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 �srla� 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange . On August 20, 2003 before me, Gordon J. Peterson, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my nd and official seal. a coF-IDONJ.PETERSON ] Commission#1335380 Z o Notary Public-California > Orange County My Comm.En!irzs Dec 17,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 1041 25095 Number of Pages: Two (2) . Date of Document: August 19, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ALSOWLEDGMENT • No.5907 State of California County of Orange On August 19, 2003 - before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Patricia H.Brebner NAME(S)OFSIGNER(S) ® personally known to me-OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r RHONDA C.ABEL V COMM.# 1312777 67U O'`m NOTARY PUBLIC-CAUFORNIA +nCp ORANGE COUNTY n COMM EXP.AUG. SIGNATURE OF NOTARY . 9,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment.of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTI Y(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 TRAVELE*ASUALTY AND SURETY COMPANY OF CA TRAVELERS CASUALTY AND SURETY COMP FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY.AND SURETY. ..COMPANY and FARMINGTON. CASUALTY COMPANY, corporations duly organized under the.laws:of the State of Connecticut; and:having their principal offices in the City of Hartford,. County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers, Rhonda C. Abel, Stanley C. Lynn,Patricia H. Brebner,Alexis H.Bryan,Leigh McDonough,Jane Kepner, of Irvine, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional. undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and.revoke the power given him or her. VOTED:_ That the Chairman, the President,any Vice Chairman. any Executive.Vice President,:any Senior Vice:President or any Vice President. may delegate all or any part of the foregoing authority to one or more officers or.employees of this Company,provided that each such delegation.is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of.a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer,any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by-facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,_TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: . Thai the signature of each of the following officers: President, any Executive Vice President,;any Senior Vice President,any.Vice President;any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be armed by facsimile.to any. power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February 2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNT'OF HARTFORD r lk jO'p�ps�0tgr�,� r j{� QpQ a HARTFORD, V' 1982 O BY CON 1 a CONK. �nr George W.Thompson ��`� �`"f ��''ac b`y • "`' Senior Vice President On this 28th day of February, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �p.TlT� My commission expires°June 30,2006.Nota.ry Public Marie C.T a etre ult CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 19 th day of August 92003. �Y via ANp� Gh6U,�� MRMF a "ARTFORD, < 0 19 8 2 p By +. COA CON". Kori M. Johanson �. v+ �`°1 ��'+�c 6�y • �'' Assistant Secretary, Bond Iravelers ' IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused .by international acts. of.terrorism as defined in .the Act. The Actfurther .,provides that,the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at .$100,000,000,000.00, provided that the insurer has met its deductible. Please note that. passage.of the Act does not. result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage. is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ATTACHMENT #3 • Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH - P.O.Box 190.-2000 Main Street Huntington Beach,Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) .PLEASE TAKE NOTICE THAT on February 5, 2004, 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 subdivisions)have been dedicated to,the City of Huntington Beach,as-described on Finial Map No. 15690: Public improvements constructed consist of the domestic water system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at March 1, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest /)24,,e0—* 3. 200V VROMWAY City Clerk and Ex-officio Cl rk of e City Council Of the City of Huntington Beach,California By. eputy: ... .. . CITY OF IN T ACH Thk doosnant to SOWY for fhe of " by: City ngineer buairwu of the My of HW*VW Beoch.as conk mq&W under Govamrant Code Sea 6103 and should bf raeord*d k"of charpa. GAEngineering Division\BOGART\Bonds\Tract 15690\Tract 15690 acceptance form.doc CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CAL I FOR N[A 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK:. March 3, 2004 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No. 15690 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the-acceptance when recorded to this office in.the enclosed, self-addressed stamped envelope. Connie Brockway, MMC City Clerk CM:pe Enclosures Tract No. 15690—PLC—Lennar Homes—Edwards&Ellis g:/followu p/tract/acceptpubl icimp-recorder.doc procedure#23 (Telephone:714-536-5227 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 3, 2004 PLC Land Company 19 Corporate Plaza Drive Newport Beach, CA 92660 Re: Release of the Faithful Performance Bond, Labor & Material Bond and Monument Bond for Tract No. 15690---[Acceptance of Public Improvements] Please be advised that on Monday, March 1, 2004 the City Council of the City of Huntington Beach took the following action: E-6. (City Council) Approved the Release of Securities for Tract No. 15690 Located at the w/s of Edwards, approximately 150 feet s/o Ellis Avenue—Approved the Notice of Acceptance of Public Improvements (Developer, PLC) - 1.'Accepted the improvements constructed and dedicated for public use with Tract No. 15690; and 2. Accepted the Guarantee and Warranty Bond No. 104125095; 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. B32649220; and Monument Bond No. B32649221 pursuant to California Government Code Section No. 66499.7(b);and 4. Instructed the City Clerk to notify the developer, PLC, A California General Partnership, of this action and the City Treasurer to notify the Surety, Travelers Casualty and Surety Company of America, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. Sincerely, Connie Brockway, MMC City Clerk cc: City Treasurer CB: pe Attachment g:/followu p/tract/acceptpublicimp-notice.doc procedure#22 (Telephone:714-536-5227) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15690 and Accept the Public Improvements COUNCIL MEETING DATE: March 1 , 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over$5,000 Not Applicable Bonds (If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO DED 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: S. Bogart Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk-Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllllllllllllllllllllllllllNO FEE Recording requested by, and I 20020689778 02'48pm 08116102 200 when recorded,mail to: j 0.0 so o. C15 12 i I o.o .00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington Beach —� 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk / T. This document is solely for the official business of the City of Huntington Beach, as contern- . plated under Government Code AA II Sec. 6t 03 and should be recorded MF free of charge CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PLC, AND LENNAR HOMES OF CALIFORNIA, INC. WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by and between the City of Huntington Beach,"a municipal corporation ("City"), and Pacific Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the official Records of Orange County,-California-as.DocumentNo. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership (hereinafter, `Developer"), and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-I" and "A-2,"respectively, to Lennar Homes of California, Inc. hereinafter referred to as the "Buyer"; and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the property or portion thereof purchased, assigned or transferred; and 02agree/consent to sale/6/7/02 1 1 The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROEPRTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-1: Legal Description of the Property A-2: Sketch of the Property B. Clarification of Development Agreement Rights and Duties 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 02agree/consent to sale/6/7/02 2 a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC; and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. PLC, A CALIFORNIA GENERAL CITY OF HUNTINGTON BEACH, a PARTNERSHIP California municipal corporation By: PLC HOLDINGS, a California general partnership, its general partner Mayor- • " -, By: PACLACO, INC., a California ATTEST:. corporation, it eneral partner By: City Clerk DIM191 Mannon (type or print) APPROVED AS TO FORM: Its-(circle one Chairman of the Board/President/any Vice President �Z' ,� City Attorney By. �� �' 6�►y d-l8-0'2- -- Chdstopher C. Gibbs INITI ED AND APP ED: (typ�ecre�tail) J Its(circle oneny Assistant Secretary/Chief Financial Officstant Treasurer Planning Director 02agree/consent to sale/6/13/02 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. i County of Orange I I On July 19, 2002 before me, ---------Laura A. Nelson, Notary Public------- Date Name and Title of officer(e.g.,'Jane Doe,Notary Public') i , personally appeared --------------------Debbie Cook and Connie Brockway-------------------------- , Name(s)of Signers) ❑ personally known to me 16 proved to me on the basis of satisfactory evidence to be the pers9within whose nam (s are ' i subscribed to instrument a acknowledged to me that he /they executed the same in AgeMerf4hei authorized LAURA a NELSON capacit ies and that by t4W hei Commission# 1226066 Z signatur s on the instrument the perso (s =i4bmycomm.Expires Jul 23,Z003 Notary Public-Ca!ifomia the entity pon behalf of which the perso (s) Orange county acted, executed the instrument. WITNESS y 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: Certificate of Consent to the Sale of Property and the Assumption of Rights,Duteles and Obligations by and between the City of Huntington Beach,PLC,an enna— r�es of California, nc. Document Date: No Date Number of Pages: 8+attachments Signer(* Other Than Named Above: DanielO'Bannon,Christopher C.Gibbs,Gall Hutton,Howard Zelefsky Capacity(lee) Claimed by Signer Signer's Name: Debbie Cook and Connie Brockway =.. ❑ Individual Top of thumb here 66 Corporate Officer—Title(s): Mayor and City Clerk ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Thumbprints ❑ rustee in ❑ Guardian or Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach 0 1999 National Notary Anociabw•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313.2402•www.ne5onebwtw org Prod.No.5907 Reader:Cell Tall-Free 1-80►8764W 4'- C ti � l Ilk t r 04 0 } STATE OF CALIF RNIA }ss. COUNTY OF On 20 0 , before me, Roberta M. Kern , perso ally appeared del®'Bannon Chdstophe r C. Gibbs personally known to me to be the persons) whose names)4 �� subscribed to the within instrument and acknowledged to me that he/s Chey-_-e;l(ecuted the same in hi �heiruthorized capacity(ies), and that by hWbqjfhjir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES y d and official seal. Signature ROBERTA M.KERN COMM.# 1283372 Notary Public-California N Orange County e Comm.E xpires j D yCEMBER 6 2004 (This area for official notarial seal Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company BY: T/L HUNTINGTON BEACH LLC, a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II, a Florida general partnership, its managing member By: LENNAR HOMES OF CALIFORNIA, INC.; a Californi corporation, its Attorney-in- Fact By. (typ or print) Its circl o Chairman of the Board/President/any Vice Pre ' nt By: 0 A I IQ.+, a (type or print)Its(circle one)Secretary/An<Assistant Secretes hief Financial Officer/Any Assistant Treasurer BUYER: By: LENNAR OMES OF CALIFORNIA, INC., a Californi rporation By: ( e r print) Its(circle a Chairman of the Board/President/any Vic resid t AND By: (type or print) Its(circle one)Secretary/AnyLAssistant Secretary hief Financial Officer/Any Assistant Treasurer 02agree/consent to sale/6/13/02 4 • AMER • IC 0� �s 0 } STATE OF CALIFORNIA }ss. COUNTY OF On J7i,-Y%E- ao6a-L , before me, 6+.-w P , personally appeared Ton a lie. akj A 1 ua. - , personally known to me to be the personoss whose names is ar subscribed to the within instrument and acknowledged to me that they executed the same in Wsfttet their uthorized capacity ies ,and that by hide thei signatur s) on the instrument the person sj s or the entity upon behalf of which the person s) acted, executed the instrument. WITNESS my hand and official seal. DR Signature COMMW n 2W17 g Notary t Cd tomla aranw county MY Comm.fxpass Apr 19,2304 (this area for official notarial seaq Title of Document Colt6f �-�ib �. b I8 Date of Document No. of Pages Other signature not acknowledged R' Xbl i o L .r� LaA 3008(1/94) (General) First American Title Insurance Company EXHIBIT A-1 Property Location: West of Edwards Street, South of Ellis Avenue Property Address: No Current Address Assessors Parcel No(s).: 110-017-33 Legal Description: Lots 1-8 of Tract 15690 02agree/consent to sale/6/7/02 5 EXHIBIT A-2 REVISED TENTATIVE MAP ETA SO.�OTAGEr TAW so.n. arAGL TRACT NO. 15690 1 e7 144H 1 ECK A raTla Or Fla SLUDRa5r OWRIa a Swim N,TOWNSNw s som ' 71 RAP"11 WEST,N MC AANCMO LAS BaSAS.AS SNOW a RE NAP 1 - RECO REED IN BOOK 51,PA"13 Or A15MLAKOUS XVS. ' REWND5 Or O=CWM CALWORNIA s76 1. ASSESSOR'S FARM NOS: 110-0 5-79 2' p• x. I[T AEREACE:A2.n AO. - 'UE. POE. ]. NED[R Or LOTS: a HAIRED LOTS PLUS 2 LETTERED LOTS - LOTS•A•AND V W"Tf LRIOSCYS LOTS TO SE - I 1 ROIGTED TO Mr CITY Or H NTNGTON BEACH I I _ I. PROPOSER 2ONM:IIOur 5EAWIr7 SPEGIC PLAN:RL-1 I I S. DIVING WO USE:VACANT , -A- 5TREET (PUBLIC) rnAGAL saTwN C. PROPOSED LAID 115r:RESIDENTIAL 1. MIMES: L015'A•A 4 - - WATER: GTY Or NMNGTON BEACH rmic) tY!J;;� SEVEN:CITY Or NMNCTOK BEACH t1EEIC) G G5: SOUOENI GALIIOWIIA GAS COMPANY IMON . FAD - ELECTRIC: SO CALWOIKA ED15a COPAW e. ALL OL WrL15 AND/ACRITCS TO BE AADDMO AID REMOVED mIT EDWARDS STREET "�"Wrt 7O WAST'NEAROS. J TTPY.H SECTION It hN/5ELEVATIONS ASSIIOWN IaREa MAY ERE AMMUP FM a t N LANDSGAK I EXIMC G'BOOK WALL - YOT ,— ACCESS - M1C PLC 0 CE ANY 19 Cd 19 LOWarr RAE A NIWWT WACa.CA 9200 1[111Y1Rr SEAGI,G RGGO . E TI N A—A (449)721i777 (419)721.gm SEC na - e W.A AS TICS ILIGHip1 A AS• Ntti 2552 WIITE ROM,SUTE a 177a1 COWAN nACT NO 13M t /PAC IRVK,G W114 RIM[.G 92G14 - W REW(NAL PmSTRE[I (449)660-0110 P49)250-1421 lit y fy LwDSID ROLM . D ligRAR 1 STEW 14 ru 6102 Cr. rEMcr [E15TM GRC"'" EAGVARON 2'OL. WALL S rz xAroRr A]x c.r. SECTION B—B - Tr7rx SEGMW _ - naD Lem REGOOI PARK�M TRACT NO 15M t Sruri I.s. INDICATES FRILWD UWA&F SIM GB. RUCAIES OtA BRIM FENCE Ll. RDICA OI LOW FWT rROPOSED GtOf Nf. IN)"Its NIGH row 2'MAE CBOICATES GTa BASH RE7AVANG Wu! 12 SiO. BOICATCS STOAT BRAIN W RDICAlf FROMSED WATER 5 PVCATCs PROPOSED SEWER [Yw. MUTES EASEMENT EDSTNC,f/EOIID ";•..• tt,,,, ROCA"S'"'LRw (I) ROICATES LOT NNBER . SECTION G-C NYour s rD acrioNAorr now /r1WC4 6[GTIOI O MIG.ATrs("ITRG WEVAna �_ NDCAtti fr TUC EWER TRACT HO.00m NDIGrzS auruA SEWER WDICATCS CASTING WATER DOO YDAll EROPOSED FRY NrMW Cf>rrTT�OF ORA7LOE ELLIS AM Q RDILAMS Aa4Oa=OIL WELL - Cr-v iurrwOLL v TRACT NO. . Mau PREPARED FOR: - - '' y•C CARO t" REVISED '°° °"°`" VICINITY MAP `"°'RNON� Daa-aLN-1 ALDEN & IWNW DATE:1 a O2 Iq WALESSOCIATES u""""^Ye" TENTATIVE MAP DRAWN:D.C. - DHECWHD:D.w. - WRR.wmTE.e.R..I1NW`IRrINR on1. TRACT NO. 15690 - . (RARE)Aw-o11e nn eaD-aLs HHtIE 1 or HUNTINGTON REACH. CAUFORNIA 1 ' t, J; EXHIBIT A-2 bT 1 AY e 69A C l ^ x �.. I 7 .t - — 1 wss�nntie-artfl rcoa -- r• ! CLLI M,C "z ti 21 __ I I /67 I G 709 73 I , 146 X ' ( ' i I I I I�; �I�- X �?�. � /; // � aeo�ia-9 rr •A`-STREE7 I I I ; 1 � ----— lo \r'"'- Is / 1. I I If ( � ,I`�\' `�I I]JL xJln /I I ,' �I , . III i I^ N I 1 �— III l L I I •I 11 X]0.7 4 16 ��1 I I IIA� 1 j ]09 7t.9 nL -!I W I-lil I - 1J.9 I I _ _ ] o x700 I-i X70.3 ~ III -500 �I� 'JU,. / I/ I - -- ------- --SJ -- 71' 71.9 O Y I O III,�'-\� _--6 Y - 40' -� tt1a7NG MOCK WALL I 96 ~I I' I ra< XA9 I II I—• III X70.3 ]I.] I I ] 77.710]06 1 I ii II I' / I O J STATION - _ i 95 6 , / I , I I 676. I, X:.6 NO. I I I 71.7 I "�`I� 1 I I I 01I{PI15 1IV I ux_ 1/1 b j ES�VOIR /IR A� X 71.5-JJO o�Nlil .';.f I .I ]I b III' 1 �V\ ��.I �•1_�_ -"—�_� \\\\�� ' .L:I -31%-� fll9 l I P x6ns I EXHIBIT"B'' CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES & OBLIGATIONS BETWEEN PLC (SELLER)AND LENNAR HOMES OF CALIFORNIA, INC. (BUYER) FOR TRACT 15690(PROPERTY) Section 2.2.1; Linear Park. Seller will be responsible for all park dedications required by the Agreement. In lieu of paying park and recreation fees to the City, Buyer will provide a letter from Seller assigning 0.14 acre of park dedication credits to Buyer. Section 2.2.2; Neighborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3; Public Right of Way and Private Streetscape Improvements. Seller will retain all obligations for arterial right of way and street improvements as required by the Agreement. Buyer will assume responsibility for installation of perimeter landscape improvements within Lots A and B along Edwards Street. Section 2.2.4; Traffic and Circulation Improvements,Seller will retain all obligations, with the following clarifications: 2.2.4 • Seller will retain all traffic impact fee credits for Developer improvements. In lieu of paying traffic impact fees to City, Buyer will provide a letter from Seller assigning $14,400 in traffic impact fee credits to Buyer. 2.2.4(g); Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.4(h) and (j); Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5; Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations, with the following clarifications: 2.2.5(g); Seller will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) 2.2.5 h • Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) In lieu of paying water capital facilities fees to the City, Buyer will pay Seller$38,400 for offsite water facilities to serve the Property. Section 2.2.6; Fire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b); Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) Section 2.2.7;Police, Seller will retain all obligations,with the following clarification: 2.2.7 a • Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) Section 2.2.8; School Facilities, Seller will retain the obligation for designation of a public elementary school site. (Obligation complete) Buyer will be responsible for payment of school impact fees associated with development of the Property,in accordance with applicable mitigation agreements. Section 2.2.9: Other Development Controls 2.2.9 a •Not applicable to Property. 2.2.9(b); The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Seller will retain the obligation to provide affordable housing (2 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties,dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10; Fees, with the following clarifications: 2.2.10(a), (b), (c), M, (g), (i) and (j); Buyer will be liable for payment of any development fees applicable to the development of the Property, not already paid or mitigated by Seller. 2.2.10(d); Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits under Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(e): Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(h); Traffic Impact Fees,refer to 2.2.4(f)above. RETURN ADDRESS: Do RET'D JUL 2 9,202. Regretfully your unrecorded naming together with your remittance of$ , Ck. Now is being returned as your document is deficient in the area(s) indicated below: a (1) The recorder can find no provision in the law authorizing the recording of the enclosed document(s). (2) Recording cannot be performed in this county. Please forward your document to County Recorder. (3) For proper indexing: a. "Et al" is not acceptable; all parties must be named. b. The name of the company, corporation or partnership must be at the signature point. c. The trustee of a trust must be identified as such. d. The names in the caption, execution and notary acknowledgment must match. e. The caption of the document and signature point need to identify who the custodian/agent represents (4) The Documentary Transfer Tax declaration must be completed to show either the amount of tax due or an acceptable reason for exemption. (See enclosed bulletin.) If there is "No consideration," document must so state. �(5) The city where the property is located or"unincorporated area," is required on the deed and the tax declaration must indicate how the tax was computed. (6) The preliminary change of ownership report is required. Please complete or correct the areas marked in red. (7) The notary acknowledgment is incomplete (please see red mark) or is on an outdated form. A "General Acknowledgment" form is required. (See enclosed sample.) (8) The notary seal is illegible. You may have the notary restamp the document clearly or you may complete the enclosed certification under the penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (9) Portion(s) of the document are illegible (please see red mark). You may execute and submit a new original, or complete the enclosed certification under penalty of perjury. Adding the "Penalty of Perjury" statement will increase the fee by $ (10) The legal description/exhibit has been omitted. All exhibits must be referenced in the body of the document and appropriately labeled. (11) Recording reference (date and document number or book and page) of the prior recorded document is incorrect or was omitted. (12) Abstracts of judgment must contain the address of the judgment creditor(s), the address of the judgment debtor(s) and the address at which the summons was served or mailed. (13) Pursuant to Government Code sections 27288.1 and 27201, all parties whose interest is affected must be named and identified (i.e. owner etc.). (14) To properly perfect a security interest, this UCC-1 must be filed with the Secretary of State, Uniform Commercial Code Division, P.O. Box 1738, Sacramento, CA 95808, unless it is a "fixture filing" pursuant to UCC section 9313. Any Financing Statement covering fixtures must include a statement that it is a fixture filing to be recorded in the real estate records, a description of real property in Orange County and, if the debtor does not own the real property, the name of the owner. (15) We have received your check without a document or letter of instruction. We are unable to determine the intent of the fees. (16) The correct fee is $ If an attachment is added to the document, the fee will increase as stated on the attach d fee schedule. (17) OTHER: �( THANK YOU FOR YOUR COOPERATION DARLENE J. BLOOM, INTERIM COUNTY CLERK-RECORDER Please return to: Clerk-Recorder BY P.O. Box 238 Deputy Record Santa Ana, CA 92702-0238 -o F0662-105(R10/96) (714) 834-2887 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 2, 2002 Darlene J. Bloom County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Attn: C. Mendoza, Deputy Recorder Attached please find a corrected Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, PLC, and Lennar Homes of California, Inc. 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 Certificate of Consent when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC. City Clerk Attachments g:/followup/misc...doc Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations—City of Huntington Beach, PLC,&Lennar Homes (Telephone:714-536-5227) I Recording requested by, and when recorded, mail to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS,DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PLC, AND LENNAR HOMES OF CALIFORNIA, INC. WHEREAS, on November 14, 1990,Development Agreement No. 90-1 (Agreement)by and between the City of Huntington Beach, a municipal corporation("City"), and Pacific Coast Homes, a California corporation;and Garfield Partners, a California corporation,was recorded in the official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership (hereinafter, `Developer"), and a portion to MS Vickers-II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits "A-1" and"A-2,"respectively,to Lennar Homes of California, Inc. hereinafter referred to as the"Buyer"; and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein,Developer may sell, assign or transfer the Property in whole or in part with the consent of the City, such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the property or portion thereof purchased, assigned or transferred; and 02agree/consent to sale/6.!7/02 1 The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROEPRTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred: 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-1: Legal Description of the Property A-2: Sketch of the Property B. Clarification of Development Agreement Rights and Duties 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in.Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 02a-me.consent to sale,'6/7/02 2 r a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,not explicitly defined within Exhibit B shall continue to be the responsibility of PLC; and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and , C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. PLC, A CALIFORNIA GENERAL CITY OF HUNTINGTON BEACH, a PARTNERSHIP California municipal corporation By: PLC HOLDINGS, a California general partnership, its general partner Mayor- . By: PACLACO, INC., a California ATTEST: corporation, it.5.general partner 4 By: City Clerk Daniel Mannon (type or print) APPROVED AS TO FORM: jl&fcircle ono Chairman of the Board/President/any Vice President AND �� ,� City ttorney ��1 3)p2- By. �� 6''�' 6-l8-02 Chdstopher C. Gibbs INIT ED AND APP ED. (type o rmt) Its(circle one Secreta ny Assistant Secretary/Chief Financial Officer Any Assistant Treasurer Planning Director 02agree/consent to sale/6/13/02 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of orange On July 19, 2002 , before me, --------Laura A. Nelson, Notary Public------- Date Name and Title of Officer(e.g..'Jane Doe,Notary Public') personally appeared -----~------------Debbie Cook and Connie Brockway----------------------- r Names)of Signers) ❑ personally known to me Q1 proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s are subscribed to th within instrument a acknowledged to me that he /they executed the same in J.iiefherkhei authorized iAURAA.NELSGN capacit ies and that by lu,,l hei Commission n 1226066 Z signatur s) n the instrument the perso (s Z@My Notary Public-California the entity pon behalf of which the perso (s) Orange County acted, executed the instrument. Comm.Expires Jul 23,2003 WITNESS y 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: Certificate of Consent to the Sale of Property and the Assumption of Rights,Weiss and Obligations by and between the City of Huntington Beach,PLC,and LennarHonfes of California,Inc.1— Document Date: No Date Number of Pages: 8+attachments Signer($ Other Than Named Above: Daniel O'Bannon,Christopher C.Gibbs,Gail Hutton,Howard Zelefsky Capacity(li") Claimed by Signer Signer's Name: Debbie Cook and Connie Brockway ❑ Individual T City and or op of thumb Ma humb here [�1 Corporate Officer—Title(s): Y Y Clerk ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Thumbprints ❑ rustee in ❑ Guardian or.Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach 0 1999 National Notary Association•9=De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313.2402•www.natWmitotary.org Prod.No.SM7 Reader.Cap Tol-Fea 1-900-8764W .A 0� 0 } STATE OF CALIF RNIA }ss. COUNTY OF On o v , before me, Roberta M. Kern , perso ally appeared Daniel O'Bannon 4` Christopher C.Gibbs personally known to me to be the persons) whose name(s)4Qt�ffn subscribed to the within instrument and acknowledged to me that hefshd hey Okecuted the same in hi ��heiruthorized capacity(ies),and that by his�ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES d and official seal. Signature ROBERTA M.KERN COMM.#1283372 Notary Public-California.0 N Orange County M Comm.Expires -a DEyCEMBER 6 2004 (This area for official notarial se4 Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1194)(General) First American Title Insurance Company BY: T/L HL NTINGTON BEACH LLC, a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II, a Florida general partnership, its managing member By: LENNAR HOMES OF CALIFORNIA, INC., a Californija corporation, its Attorney-in- Fact By: nomf PA (typ or print) Its circl o Chairman of the Board/President/any Vice Pre ' nt D By: C�iC. V (type or print) Its(circle one) Secretary/An<Assistant Secretary hief Financial Officer/Any Assistant Treasurer . BUYER: By: LENNAR 140, MES OF CALIFORNIA, INC., a Californi rporation By: ( e r print) Its(circle a Chairman of the Board/President/any Its resid t AND By:.. r I Ck (type or print) Its(circle one)Secretary/AnyCssistant Secretar hief Financial Officer/Any Assistant Treasurer 02agree/consent to sale/6/13/02 4 � MERr 4 . ®o STATE OF CALIFORNIA )ss. COUNTY OF On J7kr e- I:, before me, personally appeared Ton aL l wa - - personally known to me to be the persons whose name(Fs) i<a3r subscribed to the within instrument and acknowledged to me that they executed the same in 1-tW�theiruthorized capaci ies ,and that by his he thei signatur s) on the instrument the persoros or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. DR BAM Signature coMn;09M#1297717. g rotry CoMmia @,My Gomm.Expires Apr 19,2004 (This area for official notarial seal Title of Document 61- b I� Date of Document No. of Pages Other signature not acknowledged � •� bli o L 3008(1/94) (General) First American Title Insurance Company EXHIBIT A-1 Property Location: West of Edwards Street, South of Ellis Avenue Property Address: No Current Address Assessors Parcel No(s).: 110-017-33 , Legal Description: Lots 1-8 of Tract 15690 02ag ee/consent to sale/6/7/02 5 • EXHIBIT A-2MU • REVISED TENTATIVE MAP Aro ff.I ,DL� TRACT NO. 15690 l07 S0.R. aOwIACL tOY 50.R. IRa(fAIL e eiNG R raNlal or M bwwsr aw"R Or KCTIOR 34,ro~r s SOUTH - 7A - A'AW 11 KST.N Of LwO1O LAS Ra5A5,AS SHOW OR PC RII aCMM N 000R AL PAU 13 OF nSCILL ICOUS INT$. awns a w CRAW1 NrT,GurCMSCA 1. ASKSSOtS IAACU NOS: 1104)0-7q t' r 2. KT ACACACr:ti71 AG - IDt. IIIC. S, KNIX K LOTS,a NIM=LOTS RO5 t LrrR=LOTS ' LOTS 7•AND W COCATC LAIDSGAM LOTS TO K I 1 - RauRD TO D[tiff Or NNrNCToR KACII I 1 I I Y. 1ROOSM ZPSY.:"CUT SCAQ1II SRCWG nAN R-1 - I I S. MSTNG LAID LIST.VACANT _'A' STREET (PUBLIW TH'Ira xcT1a1 a n OPOSID LAW Um.KSWOHNi 7. manax LOTS'A'R 4 - WIX CRT Or NMWGTa1 SCAM nac) ��• . cw xwm CITY or ICMNCTCK KAtn MLG) i Ly CAS: ban"C LWOMA GAS COKART IAD DCCTRIC: sourmN CALCOm fasm COKARY .. e. R�IfS1aNW f0 SI Z iO K ASUMO 4D AIN7KD EDWARDS STREET AM1VlDS rTI1Glt S[CT'ION 4 FAD rL2 TAM AS 5110MN WCON IOW K ADM90 R16 at /Wu5 TrD 0 raT. 2 N LAN)SCA1C CDSrCG C'aoat WALL yq{ Air ACCIS5 ILO u wD 6. 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WCARS fAUM(T .CDSTNG Ma2D � IONRS RDfl lK (1) MCARSLOTN= 5EG710N G� p HKA 6 FAD DIVATIa1 N icifis macrla/or now TYIWAL BCCIla1 MGLTCS WIT"D I1 CD WAR M S T" DI O"HA ON TRACT NO:Wo Z NSCAR5 DYSTM xwa MUMS 0115YN4 WATIN U00 MOTS FAOPOUD riff RIRARf ' COUPIrY Or OW= CLLIS AVE. 0 FOCArts ARVOONXD OL WLLL . 0T7 1LR^tC'0" . vt IRAOr N0. 143M PREPARED FOR: M REVISED LOB NUMBER VIGI�NIMAP ASSOCIATES �� Dtu-51N-L ""R'"T"°" TENTATIVE MAP DATW1 a Ot DMTIR:D.C. MAR rml[RYAS,MIL L HI.L u mu CHECKED:D.W. (NN.N_Y11Y rm N a TRACT NO. 15690 Sam or - HUNTRICTON BEACH. CAIIEORNIA I • EXHIBIT A-2 • V, x67L --- . I .qC yRfaMiC ^1 1 ..2 � I / II�I,.k bRa .�•;,almr. �I� tl nu averf,c. -RIF-- 3 vv .70 7 %) �5-16][ RR�5�9 //� S- I II I A STREET . I I I III / 7 x]I. 'III ..r I x5. I I I I N �ol /Ji Y �.9 W I y. 6 10'YI1L1 I� \+7 `§' A. S! I 70 I 1 7y IJ� _ G1500I7 I I ]0.9 7SO.9 I _ \� x5tl I e x I 708 II x707 r J —1�� — -- ------ —a -- n• 71.91fs• �_Q L 96 - 2 ' y 170.. I 1 II 65 x703 'I I x 509 7 I I � 7I.7 I I 10 II I III I l n I x 77 s / x 2 )r•74D 70 6 I I 1 I 11 II O TA ON III 695 NO 1 I I 676 x h.6 . I z;r07 I S)I II`�� bay RESE VOIR x71.5 61 ]I.] 'I 71 ` I � -31 1_ � T15• p ff I }�,•i \•,,`�� . �'-- _ -_- � � - � •' �,) —CIF-- ���17 ,il '1' ' � I,�h�x EXHIBIT"B" CLARIFICATION OF DEVELOPMENT AGREEMENT 904 RIGHTS,DUTIES & OBLIGATIONS BETWEEN PLC(SELLER)AND LENNAR HOMES OF CALIFORNIA, INC. (BUYER) FOR TRACT 15690(PROPERTY) Section 2.2.1; Linear Park. Seller will be responsible for all park dedications required by the Agreement. In lieu of paying park and recreation fees to the City, Buyer will provide a letter from Seller assigning 0.14 acre of park dedication credits to Buyer. Section 2.2.2;Neighborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3; Public Right of Way and Private Streetscape Improvements. Seller will retain all obligations for arterial right of way and street improvements as required by the Agreement. Buyer will assume responsibility for installation of perimeter landscape improvements within Lots A and B along Edwards Street. Section 2.2.4, Traffic and Circulation Improvements,Seller will retain all obligations, with the following clarifications: 2.2.4(ff); Seller will retain all traffic impact fee credits for Developer improvements. In lieu of paying traffic impact fees to City, Buyer will provide a letter from Seller assigning $14,400 in traffic impact fee credits to Buyer. 2.2.4(g); Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property. 2.2.40 and (i); Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5, Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations, with the following clarifications: 2- 2.5(g); Seller will-retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) 2.2.5(h), Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) In lieu of paying water capital facilities fees to the City, Buyer will pay Seller$38,400 for offsite water facilities to serve the Property. Section 2.2.6; Fire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b); Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. .(Obligation complete) Section 2.2.7;Police, Seller will retain all obligations,with the following clarification: 2.2.7(a); Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) Section 2.2.8; School Facilities, Seller will retain the obligation for designation of a public elementary school site. (Obligation complete) Buyer will be responsible for payment of school impact fees associated with development of the Property, in accordance with applicable mitigation agreements. Section 2.2.9: Other Development Controls 2.2.9 a •Not applicable to Property. 2.2.9(b); The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Seller will retain the obligation to provide affordable housing (2 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties, dated February 28, 1994,or as such plan may be amended from time to time. Section 2.2.10, Fees, with the following clarifications: 2.2.10(a), (b), (c), (f), (g), (i) and (i); Buyer will be liable for payment of any development fees applicable to the development of the Property,not already paid or mitigated by Seller. 2.2.10(d); Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits under Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(e): Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(h); Traffic Impact Fees,refer to 2.2.4(f)above. / RMSED TENTATIVE MAP TRA f i i 1 CT r„NO.r[r 15690 , r I � i ?_. �?L p• Y LY1 n csl,n,K exr us mvs ns Mom m or rur _ / uu,uiax tise�xa uw]iri+UiLmwm ws. i r a .. • ' l l I Y )'. 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IaY.n ,: ,/���, g - � I I' !i r f .nn� M�w,.aM �YD;.,.n,l ' I!�1 ` ><..nx •• .%f.(_).lu ,.)1 �- uY]an I,. ° ,•..I i -�I (I: '.! 1 nwm..n .� slar, - 42 J � $ .v✓-�'--- li :,] �i � IaI�� 1L^_._._— ,�� Im eleb r F IS �ItS r»YlY YAvI i• f '•_-- FIRES / I I I° !I — �I a uvc fu rD. rauils sxm,ua �STAiION 1 " NO.6,: I I I s nseroYDYm .n• I I ' I : _ frn°,es wl xrar '. I`�..... •m� ,' •i' - i' I � EGTICNI L _J ffxurzsfm uvuM, /RESERVOIR -o I 1 i ( ___ e, •q.. i1 I I,ItI'{,_ Ivsr:Yawl lun, worts susree nrrnxa �iF' nxntsmm•1Druvalxx v II i I I i 1I�•.. ';; ,. ..'..� •. I I it�i Ijj�I F TRACT N0.15697 a.r- wv�uns iniif�c iiii c 3Fn, etl PREPARED FOR: Flo- 7 VICINITY MAP '�AI•DEN & REVISE ..,..>a.l.. u+swf SSOCIATES urr'sMn I'I;N'I'A'P1V1: A1A1' nluexlD_f. ,f Ma.xan a amx ca.«r cuysieu o,i: «..I«..x. 7'I?ACT NO. 1:16711 ,m.. IIUNIYNGTON IIY.A['ll.l'AIIFUNNU 1 Council/Agency Meeting Held: y_ f-dp- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ddp- City Clerk's i nature Council Meeting Date: July 1, 2002 Department ID Number: PL 02-20 T CITY OF HUNTINGTON BEACH N REQUEST FOR COUNCIL ACTION _ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS c_a r,. SUBMITTED BY: RAY SILVER, City Administrator W1 Dy PREPARED BY: HOWARD ZELEFSKY, Planning Director/0 SUBJECT: Approve Consent For Pending Sale of property on the west side of Edwards St., south of Ellis Ave. (Tract 15690) in the Holly Seacliff Development Agreement Area Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Transmitted for your consideration is a request by PLC for the City Council to provide consent to the pending sale of an approximate 2.7 acre property to Lennar Homes of California, Inc. The property is subject to the Holly Seacliff Development Agreement. Section 4.2 of the Holly Seacliff Development Agreement requires the City to provide consent to the sale of property covered by the Development Agreement if the sale is to a party not affiliated with the Developer and if all public improvements have not been completed. Staff has performed due diligence regarding the pending sale of the property and recommends that the City Council provide consent to the sale. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of property on the west side of Edwards St., south of Ellis Ave. (Tract 15690) to Lennar Homes of California, Inc.; and 2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations, and authorize the City Clerk to record said document with the Orange County Recorder." R UEST FOR COUNCIL ACT109 MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PL 02-20 Alternative Action: The City Council may make the following alternative motion: "Continue the request for consent of the pending sale of property on the west side of Edwards St., south of Ellis Ave. (Tract 15690) to Lennar Homes of California, Inc. and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: PLC Location: West side of Edwards St., south of Ellis Ave. (Tract 15690) PLC has entered into a purchase and sale agreement with Lennar Homes of California, Inc. for the sale of the above referenced property (Attachment No. 2). B. BACKGROUND: On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement (DA) for the properties owned by Pacific Coast Homes and other Chevron Land and Development Company subsidiaries in the Holly Seacliff area. The DA requires the Developer to provide numerous public improvements. To date, the Developer is in compliance with the terms of the DA as -determined by the annual compliance reports reviewed by the Planning Commission and the City Council. The most recent report, for 2001, was approved by the Planning Commission on January 8, 2002 and the City Council on February 4, 2002. C. STAFF ANALYSIS AND RECOMMENDATION: The subject property is currently vacant and zoned for low density residential uses. There is an approved Tentative Tract Map for the development of eight detached single family homes for the 2.7 acre site. There are no outstanding development agreement obligations associated with this property. The buyer .will be responsible for any fees and on-site infrastructure, including undergrounding of overhead utilities, associated with developing the property when this occurs. The Fire Department does not have any concerns regarding the proposed sale. PL02-20 -2- 6/13/2002 9:16 AM RENUEST FOR COUNCIL ACTIN MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PL 02-20 The City Attorney has determined that all of the obligations of the DA run with the land covered by the DA and with the buyer. The City Attorney has prepared a Certificate of Consent Agreement (Attachment No. 3) which has been signed by the seller and the buyer; the Certificate will be signed by the City if the consent request is approved. Staff recommends that the City Council provide consent to the sale of the property and authorize the Mayor and City Clerk to execute the Certificate of Consent. Environmental Status: The Holly Seacliff DA No. 90-1 is covered by Final Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. No additional environmental review is necessary. Attachment(s): NumberCity Clerk's Page 1. Vicinity Map 2. Request Letter from seller received April 4, 2002 3. Certificate of Consent Agreement RCA Author: MBB PL02-20 -3- 6/13/2002 9:16 AM ATTACHMENT # 1 I "-AL PROJECT SITE :MIMI i CLVMAL NR.b• ■umr Pt I�artuturt►u1 u'u++u , IMuu,11111111111lnn111rvff � - �mmmrm mrTm��3 rrf - UIIII,1111 111g111N11 VICINITY 1VTAP THE CITY OF HUNTINGTON BEACH ATTACHMENT #2 N 1 RECEIVED p IC APR 0 4 2002 March.28, 2002 Mr. Howard Zelefsky, Director Planning Department 2000 Main Street Huntington Beach, CA 92648 Subject: Request for City's Consent to Sale of Property Holly Seacliff Development Agreement No. 90-1 Tentative Tract Map No. 15690 Dear Howard: PLC has entered into an agreement to sell the above property, located west of Edwards Street, south of Ellis Avenue, to Lennar Homes of California, Inc. In accordance with Section 4.2 of Development Agreement No. 90-1, we are formally requesting the City's consent to this sale. Similar to other approved sales of development agreement properties, PLC will retain the obligations for installation of offsite improvements and utilities to serve this property in accordance with the development agreement. In addition, this property will be eligible to utilize PLC's credits for park dedication, traffic impact fees and water capital facilities fees payable at the time of development, subject to PLC's approval. I have attached an information form including a legal description of the property to be sold and pertinent entitlement information. Also attached is an exhibit clarifying development agreement rights, duties and obligations between PLC and Lennar Homes of California, Inc. for attachment to the Certificate of Consent to be prepared by the City Attorney's Office. Please let me know if there is any other information you need. We would like to have this scheduled for consideration by the City Council concurrent with the approval of Final Map No. 15690. Very truly yours, William D. Holman Planning & Government Relations Encl. Information Form and Legal Description cc: Wayne Carvalho John Baayoun 19 Corporate Plaza Drive 949.721.9777 Telephone PLC Ladd Company Newport Beach, California 92660 949.729.1214 Facsimile ATTACHMENT #3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 22, 2002 Darlene J. Bloom County.Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached please find a Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, PLC, and Lennar Homes of California, Inc. 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 Certificate of Consent when.recorded to this office in the , enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Attachments g:/followup/misc...doc Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations—City of Huntington Beach, PLC,&Lennar Homes (Telephone: 714-536-5227) Recording requested by, and when recorded,mail to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: City Clerk This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, PLC, AND LENNAR HOMES OF CALIFORNIA, INC. WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement)by and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific.Coast Homes, a California corporation, and Garfield Partners, a California corporation, was recorded in the official Records of Orange County, California as Document No. 90-599766; and Portions of the property covered by the Agreement were thereafter sold to PLC, a California general partnership (hereinafter, `Developer"), and a portion to MS Vickers II, L.L.C., a Delaware limited liability company along with an assignment of the rights, duties and obligations under the Agreement; and Developer wishes to sell a portion of the Property, as described in the legal description and sketch attached hereto as Exhibits"A-I" and "A-2,"respectively, to Lennar Homes of California, Inc. hereinafter referred to as the "Buyer"; and The Agreement provides in part at Paragraph 4.2 that: Prior to making the dedications and improvements required herein, Developer may sell, assign or transfer the Property in whole or in part with the consent of the City,such consent not to be unreasonably withheld. City's consent will not be required if such assignment is made to an affiliate of Developer. Any purchaser, assignee or transferee shall have all of the rights, duties and obligations arising under this Agreement insofar as such rights, duties and obligations are applicable to the property or portion thereof purchased, assigned or transferred; and 02agree/consent to sale/6/7/02 1 The City is willing to consent to the sale of the Property and to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, and Buyer wishes to memorialize their acknowledgment of all their respective rights duties and obligations they shall assume upon the sale of the Property and assignment of the Agreement; NOW, THEREFORE, the City, Developer and Buyer do hereby agree and acknowledge as follows: 1. CONSENT TO SALE OF PROEPRTY The City hereby consents to the sale of the Property to Buyer. 2. CONSENT TO ASSIGNMENT The City hereby consents to the assignment of the rights, duties and obligations arising under the Agreement from Developer to Buyer, subject to the terms and conditions set forth herein. 3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS The Buyer hereby acknowledges that by accepting this assignment, it accepts all of the rights, duties and obligations arising under the Agreement insofar as such rights, duties and obligations are applicable to the Property or portion thereof purchased, assigned or transferred.. 4. INCORPORATION OF EXHIBITS Attached hereto and incorporated by this reference as though fully set forth herein are the following exhibits: A-1: Legal Description of the Property A-2: Sketch of the Property B. Clarification of Development Agreement Rights and Duties 5. RELEASE OF DEVELOPER The City acknowledges that upon acceptance of the assignment of the rights, duties and obligations under the Agreement by Buyer as provided above, Developer shall have no further obligations with respect to the Property arising out of any acts, omissions, or events occurring subsequent to the effective date of the transfer, except for those specific obligations retained by Developer as identified in Exhibit B and Paragraph 6 below. 6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS The consent hereby given is expressly conditioned upon the items stated above, and the completion of all of the following items: 02agree/consent to sale/6/7/02 2 a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,not explicitly defined within Exhibit B shall continue to be the responsibility of PLC; and b. PLC shall be responsible for construction of all infrastructure in conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-1 and further clarified by PLC in their letter to the City, dated May 7, 1996; and C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution 96-71 for all of their building permits in accordance with Ordinance No. 3344; and d. PLC shall enter into an implementation agreement with the City that provides a schedule for the construction of the infrastructure referred to hereinabove. IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and through their authorized officers on the date first above written. PLC, A CALIFORNIA GENERAL CITY OF HUNTINGTON BEACH, a PARTNERSHIP California municipal corporation By: PLC HOLDINGS, a California general Z &4�L partnership, its general partner Mayor By: PACLACO, INC., a California ATTEST: corporation, it eneral partner J;� By: O City Clerk arti810'�annon (type or print) APPROVED AS TO FORM: I circle one Chairman of the Board/President/any Vice President /Z 'A/' City 1 Attorney elf 3 f p2 ANP By. Christopher C. Gibbs INIT ED AND APP ED. (typ�Secre;t-a—rl) Its(circle oneny Assistant Secretary/Chief Financial Officstant Treasurer Planning Director 02agree/consent to sale/6/13/02 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On July 19, 2002 , before me, --------Laura A. Nelson,Notary Public------- Date Name and Title of Officer(e.g..'Jane Doe,Notary Public') personally appeared ---------~---------Debbie Cook and Connie Brockway-------________________ Names)of Signers) ❑ personally known to me 16 proved to me on the basis of satisfactory evidence to be the perso (s whose nam (s ea subscribed to th within instrument acknowledged to me that he /they executed the same in AWherQhei authorized Th A.NELS CP1 capacitVVC and that by WW hei Commission 1226066 Z signatun the instrument the perso (s Notary Public-Ca fomia f the entn behalf of which the perso (s) Orange County acted, executed the instrument. My Comm.Exams Jul 23,20M WITNESS y hand and official seal. r Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Certificate of Consent to the Sale of Property and the Assumption of Rights,Duteles and Obligations by and between the City of Huntington Beach,PLC,and Lennar Homes of California,Inc.1 Document Date: No Date Number of Pages: 8+attachments Signer(* Other Than Named Above: Daniel O'Bannon,ChristopherC.Gibbs,Gail Hutton,Howard Zelefsky Capacity(Wo) Claimed by Signer Signer's Name: Debbie Cook and Connie Brockway ❑ Individual Mayor Ma and City Clerk Top of thumb here f� Corporate Officer—Title(s): Y tY ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Thumbprints ❑ rustee In ❑ Guardian or Conservator book ❑ Other: Signer Is Representing: City of Huntington Beach O 1999 National Notary Association-9350 De Soto Ave.,P.O.8=24M-Chatsworth,CA 91313.2402•—nationalr otary.-9 Prod.too.5907 Reader.Call Toll-Free 1400.9764M STATE OF CALIF RNIA }ss. COUNTY OF On 200 , before me, Roberta M. Kern , perso ally appeared Dnlel OBannon '4' Christopher C.Gibbs personally known to me to be the person(s) whose name(s) /�!r- subscribed to the within instrument and acknowledged to me that hejs hey ecuted the same in hi �hiruthorized capacity(ies),and that by h' their ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES d and official seal. Signature J - L�l ROBERTA M.KERN COMM.#1283372 Notary Pub'c-Ca liforniaN 2 Orange County M Comm.Ex re pis -A DEyCEMBER 6 2004 (This area for offs ial notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company BY: T/L HUNTINGTON BEACH LLC, a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS H, a Florida general partnership,its managing member By: LENNAR HOMES OF CALIFORNIA, INC., a Californi corporation, its Attorney-in- Fact By: rl 4" At r.4 (typ or print) Its circl o Chairman of the Board/President/any Vice Pre ' nt By: ;;;& uamn (type or print) Its(circle one)Secretary/An<Assistant Secretary hief Financial Officer/Any Assistant Treasurer BUYER: By: LENNAR OMES OF CALIFORNIA, INC., a Californi rporation By: keChairman rint) Its(circl of the Board/President/any ic re AND By: (type or print) Its(circle one)Secretary/AnyLAssistant S� ecretar hief Financial Officer/Any Assistant Treasurer 02agree/consent to sale/6/13/02 4 • r� AM E rr O� O STATE OF CALIFORNIA }ss. COUNTY OF On i-kr e_ 1q , before me, �{aw ' , personally appeared lon -, personally known to me to be the personoss whose nam �s ' ar subscribed to the within instrument and acknowledged to me that they executed the same in Ns�F�theiruthorized capaci )es ; and that by hfsl%e the, signatur s) on the instrument the persoros or the entity upon behalf of which the person s) acted, executed the instrument. WITNESS my hand and official seal. 16 Signature aff aa�t Comrnlubn 1257717. Orange County @My Comm.6ep6es Apr 19,2004 - - - - - - - - - - - - (This area for official notarial seal Title of DocumentGLWiial, 6r 46 t t.SL1. P b 18 Date of Document No. of Pages Other signature not acknowledged -t bli o L .� 3008(1/94) (General) First American Title Insurance Company EXHIBIT A-1 Property Location: West of Edwards Street, South of Ellis Avenue Property Address: No Current Address Assessors Parcel No(s).: 110-017-33 Legal Description: Lots 1-8 of Tract 15690 02agree/consent to sale/6/7/02 5 4 o r J REVISED TENTATIVE MAP AMAuLaRna tJe[ 1 rm >o.rr TRACT NO. 15690 / ! / • / l ; Imo. - r wrL.rom,a or ssu,RrN wRrn[or rr4ur v,tunas>vrw _jj . , ,::..; ... + ! ' /. � � /, j,� �.,,�,• � ' i I r 'r [wn o av,w RR n.ana us In,.a.,Ntlw a or rrr ' ,-_ � •,%• %'- rtum�w�Re Rr•4ioo wr�r�on,Rfs. / ,, ; , Ir: (. ( '� I i r •s,rwr,rrru R ,,n l� 1 '•/' �j! �� % '/ i t �t rR R rut,v.mr mart mr,xm mo mw" ... 'i.-�.,'/ /• ,•///� %'' � �I ',l --__. i °. i nu+uo ro N[a,n4w,"•L,a+wau . mn+�orow.mis.JYfrr nuc mm�r rIOU- / ,�)f.',•'� ..a� � 1 / ';.�,� '�%" .;Jr �::L. 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"►Sr f .1 � �r� _ I I- --���i�w� ,' �r v ')II - _ rwrs� pu rmr_'---_—�.__._.. �.- ��� ,' jl' In '/ ..1 1. . V `` .. `T .;. .]! m I-. ,lA 1 Y I 1• °in'au' _.+'S�rY.7C_ .s, .'I - I i 1 'a"p1V 119` wcrorvco fbSn rs r4unsfrrfro xwrr -.I � /:•' �' rnm'a s i 1. II _ nru �� s' aLL.,rw n.o t� � FIRE I '�Ik R I'' !*�/ :•\ � .LL.,r>c.rm r.>R STATION . '; •�' ;' „n " , I�i - SELlIC1N L-C •or•ui NrtcrRw ur ms I RESE VOIR I I '•��'"' / - ".Y'_•" I� ! 41�+I' mcr W.Lim .�r3t... riN.rr>lusrw x•u �s �� I I t, ,- I�, ,t I i �• '1 � a'( � ru, .>r. "uR, mui eww`wwxr°rs'Qua"wii" rukrn® Fors: rJY ro aanT- It.1VISED VICINITY rWP •�A!•DEN k 1a°L` ti sur SSOCIATES raw van4r !7 1 nis 'I'I:N'1'A'I'lll. hl/ll r,M+@ nniPad i•«r'•..-.w .• 'I'1?AI:71' NO. I:IIIDII w'r IIIItriINLiON Nl:irll.r'LIJIYIIINIL ,I EXHIBIT''B'' CLARIFICATION OF DEVELOPMENT AGREEMENT 90-1 RIGHTS,DUTIES & OBLIGATIONS BETWEEN PLC (SELLER)AND LENNAR HOMES OF CALIFORNIA, INC. (BUYER) FOR TRACT 15690(PROPERTY) Section 2.2.1; Linear Park. Seller will be responsible for all park dedications required by the Agreement. In lieu of paying park and recreation fees to the City, Buyer will provide a letter from Seller assigning 0.14 acre of park dedication credits to Buyer. Section 2.2.2;Neighborhood Parks. Seller will retain all obligations for design, dedication, improvement and initial maintenance of neighborhood parks as required by the Agreement. Section 2.2.3; Public Right of Way and Private Streetscape Improvements. Seller will retain all obligations for arterial right of way and street improvements as required by the Agreement. Buyer will assume responsibility for installation of perimeter landscape improvements within Lots A and B along Edwards Street. Section 2.2.4; Traffic and Circulation Improvements, Seller will retain all obligations, with the following clarifications: 2.2.4(fl; Seller will retain all traffic impact fee credits for Developer improvements. In lieu of .paying traffic impact fees to City, Buyer will provide a letter from Seller assigning $14,400 in traffic impact fee credits to Buyer. 2.2.4(g); Buyer will be responsible for payment of future traffic fees, if any, imposed by ordinance and applicable to the Property.. 2.2.4(h) and (j); Seller will retain all credits and reimbursements for traffic and circulation improvements due under this section of the Agreement, unless modified by subsequent agreement with the City. Section 2.2.5; Water, Sewer, Drainage and Utility Improvements, Seller will retain all obligations, with the following clarifications: 2.2.5(Q); Seller will retain all credits and reimbursements for sewer, drainage, utility and water improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) 2.2.5(h); Seller will retain all obligations, credits and reimbursements for water system improvements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) In lieu of paying water capital facilities fees to the City, Buyer will pay Seller$38,400 for offsite water facilities to serve the Property. Section 2.2.6; Fire and Emergency Medical, Seller will retain all obligations, with the following clarification: 2.2.6(b); Seller will retain all obligations, credits and reimbursements due under this section of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) Section 2.2.7; Police, Seller will retain all obligations'with the following clarification: 2.2.7(a); Seller will retain all obligations, credits and reimbursements due under this section.of the Agreement unless modified by subsequent agreement with the City. (Obligation complete) Section 2.2.8, School Facilities, Seller will retain the obligation for designation of a public elementary school site. (Obligation complete) Buyer will be responsible for payment of school impact fees associated with development of the Property, in accordance with applicable mitigation agreements. Section 2.2.9: Other Development Controls 2.2.9(a):Not applicable to Property. 2.2.9(b); The Property will remain subject to all provisions of the Holly Seacliff Specific Plan. Seller will retain the obligation to provide affordable housing (2 moderate income units) in accordance with the Holly Seacliff Specific Plan Affordable Housing Plan for Seacliff Partners' Properties,dated February 28, 1994, or as such plan may be amended from time to time. Section 2.2.10. Fees, with the following clarifications: 2.2.10(a), (b), (c), (f), (g), (i) and (i); Buyer will be liable for payment of any development fees applicable to the development of the Property,not already paid or mitigated by Seller. 2.2.10(d); Buyer will be liable for payment of any Police/Fire operating fee if such fee is adopted by the City and applicable to the development of the Property. To the extent Seller may have credits under Sections 2.2.6(b) and 2.2.7(a), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(e): Buyer will be liable for the payment of water service fees and water capital facilities fees applicable to the development of the Property. To the extent Seller may have credits or be eligible for reimbursement under Section 2.2.5(h), Seller may assign such credits to Buyer or Buyer's successor(s)to meet fee obligations for the development of the Property. 2.2.10(h);Traffic Impact Fees,refer to 2.2.4(f)above. r0 RCA ROUTING - SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: Approve Consent For Pending Sale of property on the west side of Edwards St., south of Ellis Ave. .(Tract 15690) in the Holly Seacliff Development Agreement Area COUNCIL MEETING July 1 , 2002 DATE: RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attome ) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I 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 ------(Below SpaceFor Only) n- ii,.v RECEIVED BY: _„",.w-,-;• k-. . , . ,.,:;t • CITY CLERK RECEIPT COPY- Return DUPLICATE to Jeffrey Hughes(ext..6260) (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari FreidenriCh, Cfty.Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for cj% (Company Name) Faithful Performance Bond.No. 9TWIZZO Labor and Material Bond No. Monument Bond No : Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) City Clerk Vault No. FL g:/jah/bbnd lefter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 9, 2002 First American Title Insurance Company 2 First American Way Santa Ana, CA 92707 714-800-3000 Attn: Michael C. Williams, Title Officer Re: Final Tract Map No. 15690-Order No. OR-9825949 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 duplicate Mylar, 2 prints, and a digital file disk of the Tract Map to Terri Elliott, Department of Public Works, P.O. Box 190, 2000 MainStreet,.Huntington Beach, CA 92648. T_ Cl C C Sincerely, —' O =CD D )> Connie Brockway, CIVIC = City Clerk v.: D /jh Enclosure Received by: Dated: q-• " Z g:/followup/tract/tractmap2002.doc (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: July 9, 2002 TO: PLC Land Company ATTENTION: Wi 1 1 i am D. Hnlman Name 19 Corporate Plaza Drive DEPARTMENT: Street Newport Beach, CA 92660 REGARDING: Subdivision Agreement City,State,Zip for Tract No. 15690 See Attached Action Agenda Item E-2 Date of Approval 7/1/02 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 x Insurance x RCA Deed Other CC: H. Zelef sky Planning x x x x Name Department RCA Agreement Insurance Other R. Santos Planning x x x x Name Department RCA Agreement Insurance Other H. Fauland Planning x x X. x Name Department RCA Agreement Insurance Other S. Freidenrich Treas x x Name Department RCA Agreement Insurance Other C_ Mendoza Risk Mgmt x x Name Department RCA Insurance 1 Telephone:714-536-5227) • • o� a � �. S,A.��T��, �1.Nlv�rb 07 01 - Council/Agency Meeting Held: 7, i-�oy Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Dcp• City Clerk' Si ature Council Meeting Date: July 1, 2002 Department ID Number: PL02-21 CZ CITY OF HUNTINGTON BEACH -� REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -C m r SUBMITTED BY: RAY SILVER, City Administratord2d-.) o- o C; a PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE FINAL TRACT MAP NO. 15690 OF TENTATIVE TRACT MAP NO. 15690 (PLC ONE LOT SUBDIVISION). Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 15690, located on the west side of Edwards Street, approximately 150 feet south of Ellis Avenue, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15690 and accept the.offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)". 2. "Approve the Subdivision Agreement between the City and PLC, A California General Partnership., and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 15690 and reject the offer of dedication, improvements and bonds. " REQUEST FOR ACTION 0 MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PL02-21 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC, A California General Partnership 19 Corporate Plaza Drive Newport Beach, CA 92660 ENGINEER: Walden & Associates 2552 White Road, Suite B Irvine, CA 92614 m LOCATION: 6454-6489 Marigayle Circle (west side of Edwards Street, approximately 150 feet south of Ellis Avenue). ZONE: SP-9 (Holly-Seacliff Specfic Plan — Residential Low-Density) GENERAL PLAN: RL 4.0 (Residential Low-Density—4 units per acre maximum) NO. OF ACRES: 2.709 acres/ 118,004 sq. ft. (gross) NO. OF NUMBERED LOTS: 8 (8,372 sq. ft. to 19,340 sq. ft) NO. OF LETTERED LOTS: 2 NO. OF UNITS: 8 (single-family dwellings) DATE OF COMPLETE APPLICATION: June 19, 2002 MANDATORY PROCESSING DATE: July 21, 2002 DISCUSSION: On February 4, 2002, the City Council approved Tentative Tract Map No. 15690, an eight lot, 2.7 acre residential subdivision, in conjunction with Conditional Use Permit No. 99-14/ Local Coastal Program Amendment No. 00-1/ Zoning Map Amendment No. 99-2/ Zoning Text Amendment No. 00-1/ Negative Declaration No. 99-18. Conditional Use Permit No. 99-14 allows for construction of eight single-family dwellings on property with a three-foot or greater grade differential between the high and low points. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 applied the Holly-Seacliff Specific Plan zoning designation to the subject property. Local Coastal Program Amendment No. 00-1 amended the City's Local Coastal Program to incorporate Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1. The subdivider has satisfied the park and recreation requirement for this project by applying 0.14 acre of previous parkland credit. The 10% affordable housing requirement for this project has been satisfied by assignment of two units within the recently constructed,-income- 15690 RCA(PLC 8-unit sfd) -2- 6/17/20021:14 PM REQUEST FOR ACTION 0 MEETING DATE: July 1, 2002 DEPARTMENT ID NUMBER: PL02-21 restricted Cape Ann development (Tract 15531), located northwest of the intersection of Garfield Avenue and Main Street. The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the City Council on February 4, 2002. Environmental Status: This action to accept Final Tract Map No. 15690 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. 15690 with site plan 4 Tentative Tract Map No. 15690 Findings and Conditions of Approval 5 Final Tract Map No. 15690 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Ron Santos/Herb Fauland �.`,aiTr;i kk.+..-:'f_�ta. _'.�#.,'J.aA�`c"a, rs,."`#?Y.��wkmiY!� 'dAh��_-a,.a:.a_�mrc�`:'.t34+� ,�r'rty 5t. kr 4 £�4� �-•� x - ..0 15690 RCA(PLC 8-unit sfd) -3- 6/17/2002 1:14 PM ATTACHMENT # 1 J F�5 CITY OF HUNTINGTO BEACH INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 15690 (Authorization to Record) DATE: June 12, 2002 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE CO: First American Title Insurance Company TITLE OFFICER: Michael C. Williams ORDER NO.: OR-9825949 LOCATION: W/Side Edwards Street, S/O Ellis Ave. PHONE NO.: (714) 800-4641 ` 1 Kris R. Winchak G:/Eng/Crosby/Forms/Map auth to record 0 0 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION • FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: PLANNING DEPARTMENT TRACT NO. 1 0 PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ 1�"NO(r G,�• �� DEVELOPER: P KWa&k I;� • Jdl� for: Howard Zelefsky Director of Planning ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 15690 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15690 conditions of approval, as approved by the City Council. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. B32649220 (Attachment No. 7). b. Labor and Material Bond No. B32649220 (Attachment No. 7). c. Monument Bond No. B32649221 (Attachment No. 7). 3. The City Clerk shall affix her signature-to the map and release it for recordation by the County of Orange. ATTACHMENT #2 a !' i PROJECT SITE �{ ruiux=sm r �� � IQtaWINO{J9 r •' / A7LAIIfA r � f,• \ r t3Mm.T011 a r' -- $t e�' �•/ •lutmelo �l till. �. $Te1 I llt� 1- 1�� tli Iff it I 411111 i tl: i. 0 T VICINITY MAP ATTAC H M E N T #3 AMA"°FR""GE"ME TRACT NO. 15690 .. 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' � I 1� ��� as :m', �; • . �( Y tic c aox aau -A..5TREEi I I I.roxan I ms I � B r 1; 1 it I ummim � I ML mJr» MV m+mr 1 I I I m I :r-4rimrr smnl:. am� iz �g�• .: �„ f r I I t I 'I 1 '... ssocirts r rts sl r 1 : e I rsY aert aiu.tlart a imr�Sim • +� f..., r AY Y4[ I:, ) tl g Y_ �. 'I .. r arl p aG0 l nei nr�O LfO1nD IMO efD-N�T'Ir ..,.� , I "F: , ._._ a '';a• I ii�rr -0 am m em c.r. 6 --v `ngip -nu I ".. [rJerta aRG cl. • ,� /' _4 I� IG-'. � ..� � i eOP 514 MRI ISL 4I. \ Map ( I 1 mia a¢o FIRE I I rru fltPOYi y4 �rts um eases • I arswi m r as srmr mow i 5TAiION e I s I NO. 6 _ I rmni rmao a ea�i soon,lP.=. RESERVOIR `..I i sEGrIONrG G f7 �rt, cn�n4�ona • 1 .. ... ! P N� eR 4a MINIe 4[e11P r. .-..._ .: .. ...I 1RAGi MD. - .Lr rts raYp Ya[•(`•�W - 3n- rivas raorac nm I. PRE I I rrtiiap � PARED FOR: �m !p IMirr s wLINTY HAP LDEN TEs �- REVISED -1 TENTATIVE MAP � L• wa�L.L. TRACT NO. 15690 ( r m1NTVWWN REACH.CAUMOICU REVISED 51TE RAN '�"° " `�` N0 TRACT . 15690 i - `� aFc.roerrar a n[,oarrY DDane a vnpl aC rorrlP 5 sam eM'1 Ir a5!a D[tlrrlw r.5 DRS.k.5 DNY .. aLP(Sp F DDP Y f1(1 L7 P F5¢Irr¢M rar'S. • ... I n¢®5O PIIrf fAFIr.,YIDDO mQi 1. ISYSSPS I4f 1 Ip1 IU-0tl-A ; � ' . ." � .. ...... • S. !� Mr Yd DD IDne[lSrrdaFlF¢ai aaa S S' J' .•i, wa[alPs.saJpaD las nTD:ar[¢D Ta . � ��I 1 rD rds• .pua IDosua las rD a I i ¢p[t•ro • � :' � �� .'� - _ ......... .. arrow ra.rc w r vnt vecrc nu a-r - I i . J airrc eDl raixw ;1 —�`-- s roYac IDo usr:ru.r uc nwu vm rllt .asD®rrJu •A'EI115AVETIf STREET IP(.IBLIL) ;' >il .A )s, n• .rr- P• ,J,f•Q mna xru c rmdio rro uv:¢scram 'Jl'� x r Q ; • plus¢R P rTq.crm aYD/I¢cl L . A 28 ..I D ..... rm...: R��:saa[nl rDndr • .• w .• P S !` I N I ® 2AR. ID .L I a Irllnla. EDWARDS STREET `net r{us mu�llryiD a nD[mD uo a Dau 1 — 1 I rvrx urara . Qi',rt"Q riirvaF¢aa prawus[D nrna 1lnJscuT I cDs¢c c•nop ul A• STREET �I N h (/;i PL J' ,'Q m 1 i SELF -A Jaom.rn u""' 'N..Iur-m avo i ,� 1�, ,. Ili° . I Fb�DmrD n.a Jw-F!1' �. rN _ iR 2JVl I c iI ' aalo ON B-B o� � � � I • FIRE 5TAtqoTIO N RESERVOIR 1IiIII;II,IIi i�, - arPDwDweDaI �% \S E\nL\rT`rr\I\O�N\rlLa:—L r s f r avoe5nyD_" x.a�erepGraDa.[ou[�ttertrti,an�Rr[�lrss55,SS5SS 4rrPrnDlaSesdDcIPDDm,Spx c[rFreO ar1lY nwmpDOar DrMnv.wlFPrYumP a e.�Rp r:pDl x.ra • yy55 rerflRS IDLi•lot ' 7 j I rRacr MO.].�� -DlfH rO'YS rDSla4 tl(f • 1� —: g1r5 tN. '�QI FD[IrtS IDIIptpD Or YII PREPARED FOR: I e . I ll I I VICINITYKAP �AIDEN x ��m REVISED m„'A- SSOCIATES SITE PLAN rp Drl_D.C. GMINAU"L DEAR r...l..-.,,. ...:.....,. " •HAM' NO. 15600 * ( HU)MNGMN OFACH.CAILFORNIA ATTACHMENT #4 • i 'teg will be compatible with the adjacent estate residential zoning designations of the Holly Seacliff and olde.— Specific Plans. 2. In the case of a ge land use provision,the zoning map and textamendment are compatible with the uses authorized in, an standards prescribed for,the zoning-district for which it is proposed. The proposed zoning will allow a residential uses consistent with the existing land uses in the area. 3. A community need is demonstrated for the change p sed. The new zoning will allow for new single family residential development. 4. Its adoption will be in conformity with public convenience, general we and good zoning practice. The proposed zoning will not result in isolated or spot zoning, and will be cons t with the existing Estate Residential General Plan designation. The Holly Seacliff Specific Plan RL-1 a up to four units per gross acre which is consistent with the Estate Residential General Plan designation. FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO. 15690 (R): 1. Tentative Tract Map No. 15690 (R) for a subdivision of approximately 2.7 acres into eight (8) residential lots with two lettered lots for landscaping purposes is consistent with the General Plan Land Use Element designation of Estate Residential on the subject property, or any applicable specific plan, or other applicable provisions of this Code. The proposed subdivision will be compatible in size and intensity with the adjacent residential developments in the Holly Seacliff and Ellis Goldenwest Specific Plan areas. 2. The site is physically suitable for the type and density of development. The subdivision will involve grading that will provide sufficient rear yards for the eight single family homes without impacting the adjacent Wieder Regional Park site. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The eight lot subdivision will have no adverse impacts on any fish or wildlife or their habitats. 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. All necessary easements will be provided with the creation of the parcels and the development of the site. TLNGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-14 l. Conditional Use Permit o. for the development of a site with greater than a three foot grade differential between the high and 167'pbbA9QiJLnot be detrimental to the general welfare of persons working or residing in the vicinity or detrimental fFnrwke4Lthe property and improvements in the neighborhood. Based upon the conditions imposed, t e nt will be designed to minimize impacts from grading, and will not be detrimental to the surrounding pro e conditional use permit will be compatible with surrounding uses based on proposed zoning and deve ent standards. Any future development of the site will be required to comply with identical developmen ards set forth in the Holly Seacliff Specific Plan. 3. The proposed eight lot subdiv will comply with the provisions of the base district and other applicable provisions in Titles 20-25 o Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for t osed use in the district in which it would be located Any future development will be required to c with the Holly Seacliff Specific Plan unless separate variances are approved by the City of Huntin each. 4. The granting of the conditional use permit will not adversely affect the Genera It is consistent with the Land Use Element designation of Estate Residential on the subject property CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 15690 (R): 1. The tentative map received and dated January 8, 2002 shall be the approved layout. 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: a. The Settlement and Release Agreement pertaining to the PLC lawsuit of the City's denial of entitlements associated with the original 10 lot subdivision shall be approved by the City Council. b. The Affordable Housing Agreement-Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 15 percent of the units (2 units) shall be affordable to families of moderate income level (less than 120%of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) 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. c. The grade on the sloped landscaped areas adjacent to the park shall not be modified without the approval of the Planning Director. A covenant restricting the grading and redesign of the sloped condition shall be recorded on the properties. A copy of the covenant shall be reviewed by the City Attorney prior to recordation. A copy of the recorded documents shall be submitted to the Planning Department for inclusion in the Tract file. 3. *The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. A reproducible mylar copy and a print of the recorded map shall be submitted to the Department of Public Works at the time of recordation. (PW) b. 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 to the County of Orange. (PW) c. Provide a digital-graphics file of said map to the City per the following design criteria:. 1) Design Specification: a) Digital data shall be full size (1:1) and in compliance with the California coordinate system —STATEPLANE Zone 6 (Lambert Conformal Conic projection),NAD 83 datum in accordance with the County of Orange Ordinance 3809. b) Digital data shall have double precision accuracy.(up to fifteen significant digits). c) Digital data shall have units in US FEET. d) A separate drawing file shall be submitted for each individual sheet. e) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names,pen color and layering conventions. f) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. 2) File Format and Media Specification: a) Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file: DWG b) Shall be in compliance with the following media type- • CD Recordable (CD-R) 650 Megabytes d. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1) "A" Street for public street purposes. . 2) A 2.00 foot wide public utility easement as shown on said map (7 ft. parkways or less). 3) The water system and appurtenances as shown on the improvement plans. 4 4) The sewer system and appurtenances as shown on the improvement plans. 5) The easement for sewer purposes as shown on said map. (PW) e. All vehicular access rights to Edwards Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the City Council. (PVC f. All improvement securities (Faithful Performance, Labor&Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (PW) g. A Certificate of Insurance shall be fled with the Public Works Department and approved as to form by the City Attorney. (PW). h. The Final Map shall be recorded with the County of Orange prior to issuance of building permits. (PW). i. All Public Works fees shall be paid. (PW) j. The area covered by this tentative map shall be annexed to the Reservoir Hill Assessment District in order to provide Zone 2 water service. All necessary studies and processing fees shall be paid by the Subdivider. (PW) k. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 shall be approved by the City Council. 1. The subdivider shall work with the Department of Public Works to establish a fund to provide for the on-going maintenance costs of Lots A and B (landscaping). 4. The following conditions shall be completed prior to issuance of a grading permit: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. This plan shall also include an erosion and silt control plan for all water runoff during construction and site preparation work. (PW) b. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following improvements shall be shown on the plan: 1) Curb and gutter, sidewalk, street pavement, signing, striping and street lighting for"A" Street. 2) .An ADA compliant access ramp at the northwest and southwest corners of Edwards Street and "A" Street. 3) Sewage collection system including individual sewer laterals for each lot. 4) Water distribution system connecting to the existing 12-inch main in Edwards Street. 5) A new domestic water service and meter for each lot shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. 5 6) A separate water service, meter and backflow protection device shall be installed to serve reclaimed water for common area landscaping (Lots"A" and`B"). (PW) c. . In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on- site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties,retaining walls, streets, and utilities. (PNV) e. A Landscape and Irrigation Plan,prepared by a Licensed Landscape Architect, shall be submitted to the Public Works Department for review and approval by the Park, Tree and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation demands to ensure proper irrigation service sizing. Plans for temporary erosion control on slopes at rear and sides of lots shall be included. (PW) f. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation- related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PNV) g. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. 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. Signs shall include the applicant's contact number, City contact (Construction Manager(714) 536-5431)regarding grading and construction activities, and"1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) h. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) i. The developer shall coordinate the development of a truck haul route with the Department of Public Works 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. These plans must include a truck haul route diagram and be submitted for approval to the Department of Public Works Transportation Division. No fees are required for such haul route permit. (PNV) j. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) k. Blockwall/fencing plans (including a site plan, section drawings, 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. The plans shall identify materials, seep holes and drainage. 5. During grading operations, the following shall be complied with: a. Due to the proximity of the site to a known archeological site, grading activities during remedial site grading work shall be monitored by an archeologist. (Mitigation Measure) b. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) c. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) d. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) e. The construction disturbance,area.shall be kept as-small as possible. (PW) . f. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) g. 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. (PW) h. Comply with appropriate sections of AQMD Rule 403,particularly to minimize fugitive dust and noise to surrounding areas. (PW) i. Wind barriers shall be installed along the perimeter of the site. (PW) j. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) k. Construction equipment shall be maintained in peak operating condition to reduce emissions. 1. Use'low sulfur(0.5%) fuel by weight for construction equipment. m. Truck idling shall be prohibited for periods longer than 10 minutes. 7 n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. o. Discontinue operation during second stage smog alerts. 6. The Departments of Planning, Public Works and Fire 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 City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement may be required pursuant to the HBZSO. CqkDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 99-14 1. The si Ian received and dated January 8, 2002 shall be the conceptually approved layout with the following odifications: a. The site.plan, or plans, building elevations, and fencing plans shall be subject to review and approval by the ing Commission. Any deviation from development standards specified in the Holly Seacliff Sp 'fic Plan shall be subject to review and approval of a variance by the Planning Commission. b. Lots 3-6 shall be provided with a additional off-street..parking space pursuant to the Holly Seacliff Specific Plan for lots with frontages. c. Depict all utility apparatus, such as but not ' ited to back flow devices and Edison transformers on the site plan. Utility meters shall be screen om view from public rights-of-way. Electric transformers in a required front or street side yard 11 be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the ont yard setback and shall be screened from view. (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditio units,mailbox facilities and similar items on the site plan and elevations. If located on a building, ey shall be architecturally designed into the building to appear as part of the building. They shall b chitecturally compatible with the building and non-obtrusive, not interfere with sidewalk s and comply with required setbacks. e. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting s all be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 1 building spoils, such as unusable lumber, wire,pipe, and other surplus or unusable material, sha osed of at an off-site facility equipped to handle them. 6. The Planning Director ensu at all conditions of approval herein are complied with. The Planning Director shall be notified in writing changes to the site plan, elevations and floor plans are proposed as a result of the plan check proces . 'lding permits shall not be issued until the Planning Director has reviewed and approved the proposed ch or conformance with the intent of the City Council's action and the conditions herein. If the proposed ch b6 e of a substantial nature, an amendment to the original entitlement may be required pursuant to the 7. Conditional Use Permit No. 99-14 (R) shall not become effective until Zoning Text Amen No. 00-1 and Zoning Map Amendment No. 99-2 have been approved by the City Council and are in e ct. INFORMATION ON SPECIFIC CODE REQUIREMENTS—TENTATIVE TRACT MAP NO. 15690 (R)/CONDITIONAL USE PERMIT NO. 99-14 (R): 1. Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) shall not become effective until the Zoning Text Amendment No. 00-1 and Zoning Map Amendment No. 99-2 have been approved by the City Council and are in effect. 2. Tentative Tract Map No..15690 (R) and Conditional Use Permit No. 99-14 (R) shall become null and void unless exercised within two years of the date of final zoning text amendment and zoning map amendment approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. . 3. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14(R), 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. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Standard landscape code requirements apply (Chapter 232 of the ZSO). (PV ) 6. The Water Ordinance No. 14.52, the"Water Efficient Landscape Requirements" apply for projects with 2500 square feet of landscaping or larger. (PVC 7. All applicable Public Works fees shall be paid prior to map recordation. (PVC 8. Traffic impact fees shall be paid at a rate of$150 per daily trip ($14,400). (PV) 9. An Encroachment Permit is required for all work within the City's right-of-way. (PV)