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HomeMy WebLinkAboutFinal Tract Map 16196 - Tentative Tract 16196 - Timber Circl Recording requested by, _ __ orange 1/ and when recorded return to: ed in Off ci al Records, a County Record Tom Da Connie Brockway,City Clerkly, Clerk-Rec order I IIIIIII�III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIINO FEE Office of the City Clerk �III�IIIIIII m 06101104 CITY OF HUNTINGTON BEACH no4000491652P. 01:51p HuOntingt n Beach,C 92648 0.Street 213 1 00 0.00 0.00 0.00 0.00 0.00 0.00 0.000 0• -- - -- W S ,� C= d�W� �''i "6 — (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 April 27, 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 subdivision(s)have been dedicated to the City of Huntington Beach, as-described-on Final Map No; 16-196. - - - - - 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 May 17, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 20D zr- City Clerk and Ex-officio Cle k o e City Co c'I Of the City of Huntington Beach, California By Deputy CITY OF H TING T BEACH by: City Engineer This documwt is solely for Me onldsl bu lnm of Iha City of Hun&vW Beach,U ardor °0code See.W03 and should be recorded tree of chaW. BOND N0. 833254S PREMIUM e e e o w "Premium included in Performance Bond" GUA.MwEE AND WARRANTY BOND Sassounian:,; Adams & Zu:ckerman, `LLC WHEREA S... •: ..I aPrarclpal,and Developers Surety and Indemnity Company corporation organized under the taws of the 6tate of T n W a i and duty authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligse,In the penal sum of Eighteen Thousand Three Hundred ( $18, 300.00) representing 10 percent of the contract price entered into between the P inapat and Ob5gee,to which payment well and truly to be made we do bind ourselves,and each of our heft,executors,administrators,successors and assigns jointly and severally. WHEREAS,the said principal entered Into a contract with said Obligee,dated J u n e, 2002 for work described as fakAvs: Tract 16196 WHEREAS,sad cmb-dd provides that the Principal urill furnish a bond con(fitioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against art defects in woriananship 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 ObUgee for all loss that f*te 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 d Al y exe by the prncpal and surety above named,on March 23 !` Sassounian dams 1 Z u c k e ,as Principal APPROVED AS TO FORM ay JENNIFFR MQGRATH,Cmy Aa=mW Aayii,tant Chy �cc�•j W cl 1 Developers Surety and I n d e m C any as Surety BY Da Noddle, Attorney in Fact STATE OF CALIFORNIA j ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PE=tSONALLY 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 W PRINCIPAL PLACE OF BUSINESS IS NOTARY.PUBLIC IN AND FOR SAID STATE. IN COUNT (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA j ) SS COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC W AND FOR SAID STATE,PERSONALLY APPEARED -ANQ 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 TOME 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 THI: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 1087 • 2 CALIFORNIA ALL-PURSE ACKNOWLEDGMENT • crcrc�cccrn cr�r�-��s �r��rrr�-c•occ�c c�c-rcrrrc=ccr�=c�rccs�crrc=rrr ,cr�crcrr=car��=rcr�r�crc�cy ( State of California County of _ Los Angeles On MAR 2 3 2004 before me, Christopher John xizzotti, Notary Public Date Name and 7rtle of Officer e ( g Jane Doe Notary Public") C: personally.appeared . DAVID NODDLE Names)of Signer(s) X-_ personally known to me-OR-X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument PH R IOHN RIZZOTTI and acknowledged to me that he/she/they executed the CHRISIOh commission# 1334447 r same in his/her/their authorised capacity(ies),and that by Notary Public Califprnip X his/her/their signature(s) on the instrument the person(s),- � ?� LOS ANGELES County or the entity upon behalf of which the person(s) acted, "', My Comm Expires JAN 10,2006 executed the instrument. fi WITNESS my hand and official seal. I ` Signature of Notary Pub i OPTIONAL- , off: Though the information below is not required by law, it may prove valuable to persons relying on the document and could preventi rh: fraudulent removal and reattachment of this form to another document. , Description of Attached Document h Title-or Type of Document Document Date: Number of Pages: ' K � Signer(s) Other Than Named Above: . Capacity(ies) Claimed by Signer(s) i� Signer's Name: Signer's Name: ❑ Individual C Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s). J C Partner—_ Limited ❑ General ❑ Partner—.'❑ Limited r General Attorney-in-Fact G Attorne -in-Fact r y E. Trustee _ E. Trustee ❑ Guardian or Conservator `-" 7 Guardian or Conservator il elk,`-• L Other: Top of thumb here r Other: rTopof thumb here ] Signer Is Representing: Signer Is Representing: , I 0 11995 National Notary Associatiri•8236 Remmet Ave.•P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE.CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each,hereby make,constitute and appoint: ***David Noddle, jointly or severally*** as their true and lawful Attorney(s)-in-Fact-to make.execute.deliver and acknowledge.for and on behalf of said corporations.as sureties•bonds•undertakings and contracts of suretyship giving and granting unto said Atummey(s)-in-Fact till power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations fill power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.effective as of November 1.2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is.authorized to execute Powers of Attorney,qualifying the attornev(s)named in the Powers of Attorney to execute,on behalf of the corporations.bonds.undertakings and contracts of suretyship.and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is.authorized to attest the execution of any such Power of Attorney: RESOLVED. FURTI IER.that the signatures of such officers may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.DEVELOPERS SURETY AND INDEMNITY.COMPANY and INDEMNITI'COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October.2003. By: AND �OPAN V O David H.Rhodes,Executive Vice-President ;'Q��,.• �H�F'•. G Pppq Ci 'Cc 5 CJ OCT. ;< Z = OCT.5 _' a 10 =rm W 1967 By: ?o 1 9 3 611r °94/F Walter A.Crowell.Secretary 7 /0W*to ,,:'d O d0• ... .. ..........•.. STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On October 1.2003.before me.Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell.personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted.executed the instrument. WITNESS my hand and official seal: e J 44,3 DIANE J.KAWATA34746 COMM.i 1 Califo(@My Notary Public - California `4" 3ORANGE COUNTY Signature Comm.Expires JAN:8.2006 CERTIFICATE The undersigned,as Senior Vice-President.Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked.and fiurthemmore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California.the day of MAR 2 3 2004 By P4� Wesley W.Cowlin: enior Vice-President.Undervri r g I D-1390(Rev. 10/0 3) i :C-se-3iC IC0 O O O DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of:terronsm.exceed$5,000,000.00.._Insurance carriers trust also meet a-variable.deductible established by the Act. The Act also establishes a'cap of $1,000,000,000.00 for which the Federal Government or an insurer can- be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded.by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine,CA 92614 (949)263 3300 ww wlnscodico.com ATTACHMENT #3 l HCit of Huntin ton Beach P O Box 711 CALIFORNIA 92648 ELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER CERTIFIED MAIL June 2, 2004 Developers Surety and Indemnity Company 17780 Fitch Irvine, CA 92614 To Whom it May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on May 17, 2004: Tract# 16196 Faithful Performance and Labor&Material Bond No. 833254S Monument Bond No. 833255S 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: Sassounian, Adams and Zuckerman, LLC 21190 Beach Boulevard Huntington Beach, CA 92648 `Ferri Elliott, Principal Civil Engineer(no attachments) /Joan Flynn, Acting City Clerk(no attachments) Council/Agency Meeting Held: 6 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City e k's SO natur Council Meeting Date: May 17, 2004 Department ID umber: PW 04-044 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER MY . SUBMITTED BY: WILLIAM P. WORKMAN, Acting City Administrator = PREPARED BY: tOBERT F. BEARDSLEY, Director of Public Work l ' v SUBJECT: ''�A"pprove The Release Of Securities For Tract No. 16196 And Accept The Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sassounian, Adams and Zuckerman, LLC, the developer of Tract No. 16196 (located at the west side of Delaware Street, between Main Street and Garfield 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. 16196; 2. Accept Guarantee and Warranty Bond No. 833254S, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 3. Release the Faithful Performance/Labor and Material Bond No. 833254S and Monument Bond No. 833255S pursuant to California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify the developer, Sassounian, Adams and Zuckerman, LLC, of this action and the City Treasurer to notify the surety, Developers Surety and Indemnity Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. I � REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER:PW 04-044 Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. Analysis: On August 19, 2001, the City Council approved Final Map No. 16196 and accepted bonds from Sassounian, Adams and Zuckerman, LLC, the securities furnished for faithful performance, labor and material and monuments. The developer, Sassounian, Adams and Zuckerman, LLC, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7(al. Public improvements constructed consist of the domestic water system and appurtenances and the storm drain 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. Following is a list of project data: Developer: Sassounian, Adams and Zuckerman, LLC 21190 Beach Boulevard, Huntington Beach, CA 92648 Engineer: Jones, Cahl and Associates, 18090 Beach Boulevard, Huntington Beach, CA 92648 Location: West side of Delaware Street, between Main Street and Garfield Avenue Zone: RM (Residential Medium Density) No. of Acres: 1.0324 No. of Lots: 1 numbered No. of Units: 12 condominium units Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). G:\R C A\2004\04-044 May 17 Bogart(Tr 16196 Bond Release).doc -2- 4/29/2004 8:37 AM REQUEST FOR ACTION MEETING DATE: May 17, 2004 DEPARTMENT ID NUMBER: PW 04-044 Attachment(s): City Clerk's P. . - NumberDescription 1 Location Map 2 Guarantee and Warranty Bond No. 833254S 3 Accept nce of Public Improvements Form RCA Author: Bogart:jg G:\R C A\2004\04-044 May 17 Bogart(Tr 16196 Bond Release).doc -3- 4/29/2004 8:37 AM ATTACHMENT # 1 —N— ELLIS AVE. TRACT 16196 � z o Q 0 GARFIELD AVE. TIMBER CIRCLE � o m v W W YORK TOWN AVE m ocatLi on Map ATTACHMENT #2 1 RECEIVED BY: CITY CLERK RECEIPT COPY T. I Return DUPLICATE to . S r�� r►n City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: ShariFfeidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for S`SO U AJ/4-11J. (Comilany Name) Faithful Performance Bond No. .3 S Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. 1619(0 CC No. MSC No. Approved `f �'7 10-el Agenda Item No. �A (Council Approval Date) City Clerk Vault No. .. — L 60 #27 g:/followup/bondietter doc - 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 April 27, 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"Final Map No. 16196 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 May 17, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest r y'/" CgZ 20Q�, City Clerk and Ex-officio Cle[k o e City Council Of the City-of Huntington Beach, California By Deputy CITY OF INGT BEACH by: City Engineer TNs doWW t is W y for tfw dkw btuinsss of the city of HWtkVW Qp� �urn 8103 and should bs recorded fm of dares. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 21, 2004 Sassounian, Adams and Zuckerman, LLC 21190 Beach Boulevard Huntington Beach, CA 92648 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 16196---[Acceptance of Public Improvements] Please be advised that on Monday, May 17, 2004 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 16196 Located w/s of Delaware Street, between Main Street and Garfield Avenue -Accepted the Public Improvements-(Sassounian, Adams and Zuckerman, LLC) -Ii. Accepted the _ improvements constructed and dedicated for public use with Tract No. 16196; and.2. Accepted the Guarantee and Warranty Bond No. 833254S; 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 Faithful Performance/Labor and Material Bond No. 833254S and Monument Bond No. 833255S pursuant to California Government Code Section No. 66499.7(a); and 4. Instructed the City Clerk to notify the developer, Sassounian, Adams and Zuckerman, LLC of this action and the City Treasurer to notify the surety, Developers Surety and Indemnity Company, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached)with the Orange County Recorder Sincerely, 0 Liz g, Assistant City Clerk cc: City Treasurer LE :pe Enclosures g:/followu p/tract/acceptpu blicimp-notice.doc procedure#22 (Telephone:714-536-5227) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 16196 and Accept the Public Improvements COUNCIL MEETING DATE: May 17, 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 Attorne 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: tFORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: SpaceOnly) RCA Author: Bogart 1692 . •: �� ''.A�Y,��`�,sy��.-,iY}� r+'fl ��Y <. '�, .-: �":?} a-- -�_'`t, I ___. ° � �. -H`..• ,;,yr•�A'"r ��l L''i.. '' Ti'i-. .~_ ! ''Y M '7 'Y`K Vd .. -'-r-..-.:r�c., n• ,��i.'S ,.4_ RECEIVED BY: • CITY CLERK RECEIPT COPY- Return DUPLICATE to J IM ((!jG I(� Jeffrey Hughes(ext.6260) (Name) after signing/dating 10 0-L- (pate) J, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: JEwl�e) **--' DATE: SUBJECT: Bond Acceptance I have received the bonds for SASS our+1PsN , ADWS t2�►t1��1LMA��LI.0 (Company Name) Faithful Performance Bond No. S33 25 4 S Labor-and Material Bond No. b3325yS Monument Bond No. 8332sSs Maintenance Bond No. "Re-...:Tract No. CC No. MSC No. Approved Agenda Item No. La —1 (Council Approval Date) City Clerk Vault No. �• gAlah/bondletter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 30, 2002 First American Title Insurance Company 2 First American Way Santa Ana, CA 92707 714-800-4822 Attn: Ronald J. Gomez, Title Officer Re: Final Tract Map No. 16196 - Order No. OR-2126135 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 Main Street, Huntington Beach, . CA 92648. Sincerely, G;� Connie Brockway, CIVIC City Clerk /jh Enclosure Received by: Dated: g:/followup/tract/tractrnap2002.doc (Telephone:714-536-5227) CIY OF HUNTINGTOPBEACH �, � INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 16196 (Authorization to Record) DATE: August 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: Ronald J. Gomez ORDER NO.: OR-2126135 LOCATION: NNW Corner of Delaware St. &Timber Circle PHONE NO.: (714) 800-4822 kris R. Winchak G:/Eng/Crosby/Forms/Map auth to record CITY OF H_UNTINGTON BEACH [Oil 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: August 30, 2002 TO: Sassounian, Adams & Zuckerman, LLC ATTENTION: Bijan Sassounian Name r 21190 Beach Blvd DEPARTMENT: Street Huntington Beach, CA 92648 REGARDING: Subdivision Agreement - City,state,Zip Tract No. 16196 See Attached Action Agenda Item E-1 Date of Approval 8/19/02 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. Zelefsky 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 Name Department RCA Agreement Insuraac_e Other C. Mendoza Risk Mgmt x x Name Department RCA Insurance (Telephone:714-536.5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACI'/PARCEI. MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: g — 26-02- FROM: PLANNING DEPARTMENT TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ 7 2�3 ❑ NO i DEVELOPER:AJ 50! &1*tJ, AV"S t--?,N c-g6emA7v I for: Howard Zelefsky Director of Planning Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑ Conditionally Approved ❑ Denied gyp- CI Clerk's ignature Council Meeting Date: August 19, 2002 Department ID Number: PL02-25 CITY OF HUNTINGTON BEACH H REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL M BERS -C D C SUBMITTED BY: RAY SILVER, City Administrator �h �. PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE FINAL TRACT MAP NO. 16196 F TENTATIVE TRACT MAP NO. 16196 (TIMBER CIRCLE ONE-LOT SUBDIVISION). Statement of Issue,Funding Source,Recommended Action;Alternative Actions,Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16196, located on the west side of Delaware SAy e, between Main Street and Garfield Avenue, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16196 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 Sassounian, Adams and Zuckerman, LLC, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16196 and reject the offer of dedication, improvements and bonds. " •REQUEST FOR ACTION • MEETING DATE: August 19, 2002 DEPARTMENT ID NUMBER: PL02-25 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Sassounian, Adams and Zuckerman, LLC 21190 Beach Boulevard Huntington Beach, CA 92648 ENGINEER: Emerald Engineering 18600 Main Street, Suite 160 Huntington Beach, CA 92648 LOCATION: 7671-7725 Timber Circle (west side of Delaware Avenue, between Main Street and Garfield Avenue). ZONE: RM (Residential Medium-Density) GENERAL PLAN: RM (Residential Medium-Density) NO. OF ACRES: 1.0324 acres/44,971 sq. ft. (gross) NO. OF NUMBERED LOTS: 1 (0.8 ac./ 34,883 sq. ft. net) NO. OF LETTERED LOTS: 0 NO. OF UNITS: 12 (condominium dwelling units) DATE OF COMPLETE APPLICATION: August 7, 2002 MANDATORY PROCESSING DATE: September 3, 2002 DISCUSSION: On September 11, 2001, the Planning Commission approved Tentative Tract Map No. 16196, a one lot, 0.8 acre residential subdivision, in conjunction with Conditional Use Permit No. 01-11. Conditional Use Permit No. 01-11 provides for construction of twelve two-story condominium dwelling units (six detached single-family dwellings and three duplexes) on a site with a three-foot or greater grade differential between the high and low points. This entitlement also authorized construction of perimeter/retaining walls with a maximum height of 9.7 feet. The subdivider has satisfied the park and recreation requirement for this project by payment of $74,253 of in-lieu fees. The 10% affordable housing requirement for this project has been satisfied via two low-income units in the Bridges project, located at 16122 Sher Lane. 16196 RCA(Timber Circle) -2- 7/31/2002 10:25 AM REQUEST FOR ACTION 0 MEETING DATE: August 19, 2002 DEPARTMENT ID NUMBER: PL02-25 The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by the Planning Commission on September 11, 2001. Environmental Status: This action to accept Final Tract Map No. 16196 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's . . • Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 16196 with site plan 4 Tentative Tract Map No. 16196 Findings and Conditions of Approval 5 Final Tract Map No. 16196 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Ron Santos/Herb Fauland X'„q `so��-";r:.. �,,t' r��,.,�� 3 H�� 3� �$z�Ei.y � ,.' ,_�� �. .-x's°.� fir•' �'a�t���.e' i�}�+tk..,�i t r 1 "' ---"`^ ..�`_x, r"5• .�`+ t ':s `_,.,.,u'`7� SK..:b.i_ 3..,r.r*. .�.ta:...���u,r.:.s��_����..tx..,.�.'--.z.., s.>.�..,,.�i-,.._,wd._"r�."�T�.,.,e:. 16196 RCA(Timber Circle) -3- 7/31/2002 10:25 AM ATTACHMENT 1 • s ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16196 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16196 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 Treasure . 14,E a. Faithful Performance Bond No. 833254S (Attachment No. 7 b. Labor and Material Bond No. 833254S (Attachment No. 7). U' c. Monument Bond No. 833255S (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 8 i -A-N— SWIR PROJECT SITE r ... a_---•.. - r Q'Y7An41'OL/ I r I I AMBER 4F C0. .4Tldn[4 ! t _ u. r' eRrm�on Y! ! WYCLIFF �. iEvr�'.L TWIERS l6Y1%SFa -,W- r —r H:)$p!f9L Hit CQiiV. CAB=L Ntli54Y TOYOTA 91 R OI: Ri:AC:•$Y O " g us s. S 4 o i r gym: VICINITY MAP Tentative Tract Map No. 16196 Conditional Use Permit No. 01-11 77.01 Timber Circle THE CITY OF HUNTINGTON BEACH ATTACHMENT 3 TENTATIVE TRACT MAP NO. 16196 AND PRELIMINARY GRADING PLAN r•- iaa Pr.nrnwrwaar I IN 1HE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA. Aaa I I II I MM A SLA M M DF THE STAFTH Ih OF LOT 7 N BLOCK F M TRACT W.7• STIORN AS ON A YAP RCT%tR N BdDlt B.PAGE B OF 10SCEIlmcm YMs• rt Nona I RECORDS OF ORANGE COUNTY.CAUFORgI Au, Ewawn I I II Fwr AEA MCWTVAD FOR CONDOMINIUM PURPOSES 102M AMR(GROBOAREA TO BE WTACATED T'. 1 THE 4vY OF H.B.rOR s�Of t 1 •i J I JANUARY 21.70N GOUTY R SOEwALK- WIN AEAFs k NENSED:MAY S0.71pT OROWACROO n 4\4,�t I I tl ���a• —L_ �-' I 1 (I I RENSFD:JNK 7.]WI ,R .•�`..- O A, nT i sP ,T REMSED,ALLY 14 70N rP�P � I� I I I AOTtS• fl�'A�W• R.I. •I//}'--"' [miK.YO/10R®IONi:a�ai/A900rR IKKT �DYmi10 OIIEO _4 S',,:- - _dt_ -- „� - =r_ -•# ! n+ � : ram�`aPwr Avav:.eTi m v. r6n. L, L , i I p � 1 AYm.�as FKKw aPn tl IA (A7• I I r aY�..a' ara rr �,,.�(`y�//)/(T.((�y{�y.� +,�aeJ �¢ 1 1 � � a I I :�Le aswu:ww amre¢ mw K RaK rA au //// rs nww aKae aem Mfy ml--e I/ -ra �mOio o aosoinRnmrrnusRe r1 I l of r- 1r� I _ ,l r� ' "'' paraarewmuwarot®r.®o C �. �+. - � I I F I x^nvaamKa Kum F7VAL Ol9aW7R7TN PRDP91y. . Ra -� !` Y.r I 3. I tra rF. nro wlaanatlin oa 9d Asy . ,, l_• C:� 71' Lam•-• WCWTYMAP ••'�• 1 r / �-- ,m, h ai rood-•a CIRCLE� '�4 a � av An q Aevao aR rKaRaP An F raL Arr I .Ls u k L :. \ ..._-.-r�__. ....._.•-.__ ..._.-._4 • I (•SHY '...___._�_.. \ ��/WL 4.0 Ir + T ImNU41i -I ��. I f�L\-L -r (—L -� I , I = = w�raL -j' A— ,YPICAL SECTION C) TYPICAL aEcTioN CD)i TO+13M C HCLE DB.AWARE BtfiffT II,�LmL.meY �F Y novoR �r!I III ➢ a I I r I __ •' 41 r c I r I^ff R7T.P {L w�lJ. A, L'7 �a SECTION•A-W 6ECTION'B-ff ---- .. �tAAmF -s:mau— —araacvs raFavrmammi TYPICAL DWEWAY DETAIL • ALs SI$T I OF 1 ATTACHMENT 4 1 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 16196/CONDITIONAL USE PERMIT NO. 01-11 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines, because the proposed project is an infill development that is consistent with the existing Medium Density Residential general plan and zoning designations. FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO. 16196: 1. Tentative Tract Map No. 16196 for a one lot condominium,subdivision for twelve (12) single family residences is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property and applicable zoning provisions of this Code except for the deviation to perimeter/retaining wall height requested. 2. The site is physically suitable for the type and density of development. With the conditions imposed, the project site is able to accommodate the type of development proposed from a circulation and drainage standpoint. The proposed 12-unit subdivision and associated housing development is surrounded by medium density multifamily development and will complete development on the northwest corner of Delaware Street and Timber Circle. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site will not result in any substantial environmental impacts. 4. The design of the subdivision and improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 01-11: onditional Use Permit No. 01-11 for the establishment, maintenance and operation of the twelve (1 "t single family residential subdivision, including up to a 3.7 ft. high retaining wall topped with a 6 foot hig ck wall along thee property line will not be detrimental to the general welfare of persons workin ing in the vicinity or detrimental to the value of the property and improvements in the nei orhood. The project is consistent with the residential character of the area. The increased retainin I height will not impact the views from the adjacent northerly property; the wall will be designed " 'mize visual impacts from the adjacent apartment complex. Furthermore, the retaining wall will allow o er drainage within the tract without impacting adjacent properties. .2. The conditional use permit will be compatible with surrounding ential uses. The proposed grading, site layout and design of the 12-unit residential subdivision p rly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a onious manner. 3. Conditional Use Permit No. 01-11 will comply with the provisions of the base district and applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinanc (01c10911 —TTM 16196/CUP1-11) Attachment 1.1 uses in a harmonious manner. The proposed SpanishlMediterranean architectural design conveys a high level of quality and distinctive character. CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO. 16196: 1. The tentative tract map received and dated July 17, 2001 shall be the approved layout. (PW) 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 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 10 percent of the units (2 units) shall be affordable to families of low-income level (less than 80% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or 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. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners'Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Delaware Street and Timber Circle shall be released and relinquished to the City of Huntington Beach except at location approved by the Planning Commission. b. The engineer or surveyor preparing the 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. (01cl0911 —TTM 16196/CUP1-11) Attachment 1.3 2) Provide a digital-graphics file of said map to the County of Orange and the City with the following design specifications. • Digital data shall be full size (1:1) and in compliance with the California coordinate system—STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD83 datum in accordance with the County of Orange Ordinance 3809. • Digital data shall have double precision accuracy (up to fifteen significant digits). • Digital data shall have units in US FEET. • A separate drawing file shall be submitted for each individual sheet. • Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. • Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. File Format and Media Specifications: • Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file - .DWG • Shall be in compliance with the following media type: • CD Recordable (CD-R) 650 Megabytes 3) A reproducible mylar copy and print of the recorded map shall be submitted to the Department of Public Works immediately after recordation. 4) Hydrology and hydraulic studies for troth on-site and off-site facilities shall be submitted for Public Works review and approval. 5) The on-site sewer and storm drain systems shall be private and maintained by the Homeowners Association. 6) All Public Works fees shall be paid. 7) 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. 8) A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. 9) The following shall be dedicated to the City of Huntington Beach: 1 10-ft. of street frontage on Delaware Street and 26-ft. of frontage on Timber Circle. • Timber Circle's cul-de-sac shall have a radius of 46-ft. • An easement over the private street within said tract, for Police and Fire Department access purposes. • An,appropriate easement for the existing storm drain facilities located at the southwesterly comer of the site. • -ft. wide public utility easement. (01c10911 —TTM 16196/CUP1-11) Attachment 1A 10) The final map shall be accepted and recorded prior to issuance of building permits. c. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final map. 4. The Departments of Planning, 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 Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. ONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-11: 1.\Elevans loor plans, elevations and conceptual landscaping plan received and dated May 22, the conceptually approved layout with the following modifications: hall depict colors and building materials proposed. space patio walls within the motor-court areas shall be modified to comply with ibi clearance requirements. c. The perimeter/reta 'ng wall design may be enhanced by incorporating: 1) pilasters at maximum 50-ft. intervals; 2) ch es in wall planes; and 3) a decorative cap detail. d. The landscaping setback as along Timber Circle and Delaware Street shall incorporate planting materials utilizing a t ee-tier system; 1) grasses and ground covers; 2) shrubs and vines; and 3) trees, to the satis tion of the City Landscape Architect. e. Decorative paving (textured and colo d pavement) shall be provided at driveway entrances (behind sidewalk on private property)fo depth of approximately 20 ft. f. Parking stall striping detail shall comply with apter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrativ ode. (Code Requirement) g. Depict all utility apparatus, such as but not limited to ck flow devices and Edison transformers on the site plan. Utility meters shall be screened from v w from public rights-of-way. Electric transformers in a required front or street side yard shall be nclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front y d setback and shall be screened from view. (Code Requirement) h. All exterior mechanical equipment shall be screened from view on al 'des. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the bull . Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigera equipment, plumbing lines, ductwork and transformers. Said screening shall be architec ally compatible with the building in terms of materials and colors. If screening is not designed s cifically into the building, a rooftop mechanical equipment plan showing screening must be submi d for review and approval with the application.for building permit(s). (Code Requirement) (01c10911 —TTM 16196/CUP1-11) Attachment 1.5 ATTACHMENT 5 1 CED AUG 0 7 SHEETS 1 OF 2 - ACCEPTED AND FILED AT THE TOTAL NUMBER O LOTS: 1 TRACT MAP NO. 16196 REDDEST L1� _ TOTAL ACREAGE 1. (032 ACRES(GROSS) DATE OF SURVEY:MARCH,2002 - ALL OF TENT.TRACT NO. 16196 IN T)•E CRY OF HUNMHOTO_N BEACH,C;OUNTY OF QPM STATE OF C_ALFORNIA_ DA IE BEING A SUBDIVISION OF 77Mf FEE S THE SOUTH HALF OF LOT 7 IN BLOCK F OF TRACT NO. 7, INs7RuuENT1 AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, BOOK PAGE CALIFORNIA DARLENE J BLOOM WTERM COUNTY CLERK RECORDER EMERALD ENGINEERING DONALD G. BAKER L.S. 4683 BY DEPUTY FOR CONDOMINIUM PURPOSES 010T00114P GEilFr-47& - 8EfbEY0 RS8/A796VP WE THE UNDER9LiJm,BEING ALL PARRES HAVING ANY RECORD RILE THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECRON AND IS BASED UPON A FIELD INTEREST IN THE LAND COVERED BY THIS MAP,DO HEREBY CONSENT TO THE SURVEY 1N CONFORMANCE W77H THE REGUIREUENTS OF 7HE SUBDIVISION MAP ACT.AND PREPARATION AND RECORDA RON OF SAID MAP,AS SHONN MTHIN THE LOCAL ORDNANCE AT THE REQUEST OF BMAN SASSOUNIAN ON MARCH.2002.1 HEREBY VIS77NC17W BORDER LINE. STAIE THAT ALL MOMbWENTS ARE OF THE CHARACTER AND OCCUPY THE PO9710WS - INDICATED,OR THAT THEY WRL.BE SET IN SUCH P09RLWS,AND THAT SAID MONUMENTS NE HEREBY DEDICATE TO THE PUBLIC FOR STREET PURPOSES ARE SUMCENT TO ENABLE TIf SURVEY TO IF RETRACED.I HEREBY STA7E THAT THIS DELAWARE STREET FINAL MAP SVOSTAN77AILY CONFORMS TO 7HE COVOIROVALLY APPROVED 7ENTA77VE MAP. TIMBER ORCLf /�) �jj �So wD 8d WE ALSO HEREBY DEDICA IF 70 THE CITY OF HUNRNGTON BEACL• 0 _ 9 J cF 1.)7HE 200 FOOT PUBLIC UTIITY EASEMENT AS SHONN ON SAID MAP. LS 468J # Q A® 2)THE DOWES77C WATER SYS FEW AND APPURTENANCES AS SHOWN ON DMARON DATE'9-30-07 THE IMPROVEMENT PLANS FOR SW TRACT. r J)IHF STORM DRAW SYSTEM AND APPURTENANCES AS SHOWN ON 7NE IMPROVEMENT PLANS FOR SAID TRACT �CAU cffr 1 M 8TA796VR WE ALSO HEREBY RELEASE AND RELNOULSH 70 THE CITY OF HUNTINGTON BEACH 1.)ALL VEHICULAR ACCESS RIGHTS TO DELAWARE STREET AND TIMBER CIRCLE I NFREBY STA 7E THAT I HAVE EXAMlNLD THIS MAP AND NAVE FOUND IT 70 BE EXCEPT AT LOCARONS APPROVED BY THE PLANNING CODOSNON. SUBSTANRALLY IN CONFORMANCE'WIN THE TN7ARVE MAP,IF REQUIRED AS FXED - MATH.AMENDED AND APPROVED BY THE CITY PLANNING CDMMISSOV. THAT ALL PROW90115 OF THE SUBDIVISIONMAP ACT AND CITY SUBDIVISION _ REpttARCWS HAVE BEEN COMPLIED WIN ANO THE MAP IS TECHNICALLY CQRRfCT IN ALL RESPEC7S NOT STATED 70 BY THE COUNTY SURVEYOR. OMA6i �AMS AND" AN,UC,A CALIFORNIA LIMITED LIABILITY COMPANY DATED RRS_DAY OF .2002. i RGBERT F.BEARDSLEY - AN,MANA(iNG AIEEH(M:R OMNER DIRECTOR OF PUBLIC WORKS CTY OF HUNRNG70V BEACH R.CE 22876 IXP 12/31/05 STATE OF CAUFORNIA) - COUNTY O"ORANGE')j� 1 H77YPLAI PAW G1ta 11489 NCEIUFiCA7E ON THIS y1 DAY OF 20OZ BEFORE ME,J)&t{jyp &fIL I HOWARD ZELEFSKY,SECRETARY TO THE PLANNING CCWM/S9CW Or THE CITY OF HUNRNGRW BEACH, 0-- Q CAUFONeA,DO HEREBY CERRFY THAT 1 HAVE EXAMINED THIS MAP AND HAVE PERSONALLY APPEARED BJAN SASSOLWIAN FOUND IT 70 BE SVHSTAN77ALLY THE SAME AS THE 7ENT477VF MAP AS FILED PROVED 70ME ON THE BASIS O`SA7iwACTORY EVIDENCE TO BE THE PERSON NTH.AMENDED AND APPROWD BY THE HUN17NGTOY BEACH CITY PLANNING CONMISSOV. WHOT NAME IS SUBSCRIBED TO THE WITHIN NS7RUML74T AND ACKNOWEDGED TO ME INAT HE EXECUTED THE SAME IN HIS AWHOR20 CAPACIRREx AND DA7ED THIS DAY OF .2002. THAT BY HIS SKNANRE ON THIS NSTRUMEVT THE PERSON,OR THE EN17TY UPON BEHALF OF WHICH THE PERSON AC7CD,EXECUTED THE INSTRUMENT. BM HOWARD 2a&`S KY SECRETARY TO THE PLANNING COMNISSIOV IMINESS MY NANO��` CF HUN77NG70V BEACH 9GNA7UR£ MY PRINCIPAL PLACE OF 00LMY8LfbEY0"SrAnReVT, NOTARY IN AND TALE BUSNfSR IS IN tIL.P COUNTY. I HEREBY STA TE 77iA7 I NA K EXAMINED THIS MAP AND HAVE FOUND THAT ALL MY COMIAOSS S• MAPPING PROVISIONS OF THE SUWWSIOV MAP ACT HAVE BEEN CONPLED WTH AND AM SA RSTED SAID MAP IS 7ECNANCALLY CORRECT RELA77W TO THE 7RACF MAP BOUNDARY. DATED THIS_OA Y OF .2002. EE0clCiARI" JOHN CANAS COUNTY SURVEYOR ORZENS BUSINESS BANK, PIS 4408 EXPIRA ROW DATE:9-JO-05 BENEFICIARY UNDER A DEED OF 7RUST RECORDED SEPIEML#R 21.200D AS INSTRUMENT NO..200004967JJ OF OFICAL RECORDS.RECORDS OF ORANGE COUNTY. C77YCLEF"CE R7FRICA7F STATE OF CALIFORNIA) 6hELLLY FLENGR BRYAN lveAl SS SR.OIWPRESIOENT 950~4✓ICEPRss/OBAMrr COUNTY OF ORANGE I HEREBY CER77FY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE CITY OF STATE OF CALIFORMA) HRUNRNGTOV BEACH AT A REGULAR MEE77NC THEREOF HELD ON 7HE_DAY OF ,2002 AND THAT )SS IH£REUPLW SAID COUNCIL OD,BY AN ORDER DULY PASSED AND ENTERED,APPROVE SAND MAP AND OD COUNTY OF ORANGE ) ACCEPT ON BEHALF OF THE PUBLIC,SUB.ECT TO IMPROVEMENTS THE DEOCARON FOR STREET ON WS422 4 DAY OF n 1-y 2002,BEFORE ME• eA DELL PURPOSES OF.DELAWARE STREET AND 71MBER CIRCLE PERSONALLY APPEARED AND D AND DID ALSO ACCEPT ON BEHALF OF THE CITY OFHUNRNGTCW BEACH: PROVED TO ME ON THE BASS OFSAR9FACTORY EVIDENCE 10 BE THE PERSONS 2)THE 200 FOOT PUBLIC EASEMENT, DEDICATED. WHOSE NAMES ARE SUBSCROM TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED J Ilff DOMESTC WATER SYSTEMSTEM AND APPURTTENANCES AS DEOCA RED. TO ME THAT THEY EXECUTED THE SAME IN THEW AUTHORLZED CAPAC177IES AND J)THE STORM DRAIN SYSTEM AND APPURTENANCES AS DEDICATED. THAT BY THOR 9GNA7URES ON THIS INSTRUMENT THE PERSOVS,OR INE 4.)THE VENICULAR ACCESS RIGHTS TO BELAWARE S7REf7 A, O 7-/M6ER CIRCLE ENRTY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED 7HE AS RELC-A SED AND RELI.U4U/SHED. INSTRUMENT,AS BENEFICIARY. AND OD ALSO APPROVE SIUB.ECT MAP PURSUANT TO THE PROVISIONS OF SECROV - 66436(a)(J)(A)OF THE SUMVISON MAP ACT. IWTNESS MY HAND, y� DATED THIS_DAY OF ,2002 9GVA NRf )1/•`-1 MY PRNCYPAL PLACE{ - CONNIE BROCKWAY BY. NOTARY PUBLIC IN AND FOR lD STA It BUSINESS IS IN�$AAT AI jJ CITY CLERK OF THE CITY OF HUNRNGTOV BEACH aFwn' MY CORM/S90N EXPIRES COINTY. 4{•dG•0 j COL/VIY7/F48LRi9R-TAX OCYLEC70R8 H$RI119Y.A7L4 SFATE Or CALIFORNIA) SS COUNTY OF ORANGE) aU%4TUW0 I HEREBY CERTFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR IN ACCORDANCE WITH THE PROVISIONS Or SECTOR 66436(a)(3)(A)LI THE UNPAID STATE COUNTY,MUNICIPAL OR LOCALTAKES OR SPECIAL ASSESSMENTS S MWSION MAP ACT. THE FOLLOWING SIGNATURES HAW BEEN OMITTED: COLLECTED AS TAXES EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS AS TAXES NOT YET PAYABLE - 1. THE STEARNS RANCHOS COMPANY,HOLDER OF AN EASEMENT RECORDED NOVEMBER 9. 1904 IN BOGY 91.PAGE 65 OF O COAL RECORDS ORANGE COUNTY. AND DO ALSO CERRFY TO THE RECORDER OF ORANGE'COUNTY THAT THE PRONSONS 2.JOHN F. 7HOMPSON AND OTNERS HOLDER OF OR.GAS AND MNERAL RIGHTS OF THE SUBOVISOW MAP ACT HAVE BEEN COMPLIED TWIN REGARDING D£P09TS TO RECORDED DECEMBER 29, 1960 IN BOOK 5564 PAGE 22J OF OFICAL RECORDS SECURE THE PARENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ORANGE COUNTY. ON THE LAND COVERED BY THIS MAP. J THE CITY OF HUNRNGRN BEACH,HOLDER OF AN EASEMENT RECORDED MAY 4,1992 AS INSTRUMENT NO 91-292226 OF OFFICIAL RECORDS ORANGE COUNTY. DATED TNS DAY O< ,2002. JOHN N.W.M00RLACH BY COUNTY TREASURER-TAX COLLECTOR DEPUTY TREASURER-1AX COLLECTOR AUG 0 7 2002 SHEET 2 OF 2 TOTAL NUMBER OF LOTS: 1 LOT TRACT MAP NO.-1619{ TOTAL ACREAGE 1.032 ACRES(GROSS) DATE OF SURVEY:MARCH,2002 ALL OF TENT.TRACT NO. 16196 IN TW CRY OF K T MTON BEACH,COUNV OF ORANGE,STATE OF CALFORNUI FOR COfDOW"PLEB . - SET NOTIONG SET NOT111N0 NeP4l'31'W 289.81' - EMERALD ENGINEERING Sao 3m- DONALD G. BAKER L.S. 4683 i Nv+az9 E 3.ar w+ea E 3.0o i . -- HeFn'4z'w 3m• xev4rls'w s.ao• -- 3 84W OF EEARNW. AiOAE44E Vf N07Eg DETAL A' IIE SEARNCS SHOW 1EAEDN ARE NLSED ON TE 8SA1NAs EE7m T'OOS N NOUES FO AmmeNT AS wro. H.T.S. NCRDOWAL CGVM SrAlM WS P092 AID SrAD N CPS OM SEW pp M776'45T RR RECORDS CN FSE NM TW GRANGE ORNrY SUT EPOR Q Fa�&,/S MM PER M MT 1594{ $3 ry O FO SPK O W.LS JW7 PER TR NO AAA ELK.MZ46-a DA 7W STA7E%9WP SET r u L r6c cs 46W AT ALL Lor LneWRA �� a R g$ WI EM ORERRIGE NOTED. 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FOR STORM CRW AND NQLM&P16Pm'ES ONT I E SOUTH 10 FEE/OF KK 670/!6-II. i1E EST IO FEE/[F THE I.+ID (( ]) D ENORS RED]®06TAM E-PER P.M.M1 2001-131 P.Ka 373/J-4 (( » GGTOlE6 RECORD OSONGE PEN/R Na Ara OCs ws/8OS9 At2LdD384611 DEMO TS AMW OZFANGE PEA iR M2 IM17 ` 6 -EMYNlll31 « » YY 6W/IS-16 N� •Gq"}. IN PUMOED AI O7Y ILO.SI.NK WASS DL9t N OA10RS 2LW FOO PMX UOITYE 2XWT RIP Q�CS L S AID AOTS•WM"DOW arm Y7L MDMLEN/ AO (�LY.AIID 1O TL OTY O�MNTNGION flAIX _`6\•Y'" aSy © DENOTES LYTAWGE SIRFEr AID ffi R WaE R' , DEOCIED iD TE FLUX FW Swr FEwosm ,+� ELLIIS AVENUE © SEIIRa=FOL9D NOD"SE.NOnM 4' -N- 3�RL ED.SPIL O W.LS.Am P.M.D.M32S O/3-�1-151. R A J SG4E:1'.m W m t W'JW \ � ACC.0 N.LINE lAT 7, 'l 4`} xl� C Y.Y.9/8.BY PROPORfNIN 9FN.L/NE Ge Wr 7 S� NR' '20'W 09.91' (09.73') «09.82'» -j- ti� 329.W'(329.757 «M9.N- �' ACC.AS W.UNE LOT 7. rw ° WI lL T 7 $ g \ vggg TVSEE oETLR BLOC,I.CCF:F SEE DETAIL•A•` g e i M.H.9.•.8 2 � 1 ne }`= •�' o \� Si Ne9'41'111Y 659.87' y $o 33o-06'<33o.oD•) � F ze9.A1• LOT 1 a & = 3 i og C g i p.Izr52'12' 0.80.5 ACRES(NET) pTw $ A.46AO• i 10 u b' AVE �? �+ ^ 8"' w101.86' A .A./ A.OF39'42' e 4 R T.92.00' 8. A.SS52'12• A.29.00' Y 3 ' n'a R/o./Tppp. R.sA.ar L 45.ss• u A.75, T.29.00' H 41'54•w 144.8W J O T <299.98•» N/ B TRIER U E N .` z73.T9' Sw.a•Js3o.oz'1 4e.ar 60.00• 144.eD' DO (( Je.se• - TIMBER CIRCLE +� „ 209.79'(M-7-l') n \NW41•S4'W MIMI'(09.75') C E � ' - (e59.eo'1 , o \ X<6s9.78•> If 1yy0!! h `,�/ / a 2 S I ACC.AS S.UKE LOT 7. Od2G E3g ` U 3 BLOCK T.TRACT M0. 7. J!L7� o I Y.Y.9/88 Z d 8� 4. r. �yW 56N a{, L i TRACT NO.9376 l� MM 39_i76-!7 tR b a /((255LOe')] +� s3o.ao'(ssD.00•) I 329.75-(329.75')(f329.73-)) 744 89'41'49'W .e1' 180.01 1,p0• N89'42's7'W z08.06' N _y_ a4R ELD AVE MIW4VWW 659.75'(6W.75') (659.71.1 a�•DI.II.O TAD.-STAMPED GAAFIELD AYGNVC M.2•I.P.A TAD.IIILGiBIE, y DH.1.5'.DI WELL NON.PER ON.1.2'.N WELL NON.PER J M.NO.13943,MAL 920/38-41 W,NO.15243,Y.Y.619/38-41 TO.T BRASS DISI(STAMPED H.O.CT' - O N.D.NON.OK.1,PG.0, - SNMTO6,DOWN 0.9'M WELL MONUMENT FRED AS CITY TIE NO.U69 PER P.Y.N0.2001-151.P.Y.B.325/3-4 ATTACHMENT 6 r 1t e SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND Sassouniari Adams and ZurkPrman, T.T.r FOR TRACT NO. /6 THIS AGREEMENT ("Agreement") is entered into this 19th day of August 2Qo2 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," L.L C and S�SSO V N�A�a�flbAMS At4D ?jgg a MAN a California cerpeta ierr, 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. A6/p(•, ; 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 10-18-01/425/02 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. agax/fbmis/subdiv 10-18-01i4n5ro2 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. i I 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 i • 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 Q-�rB!till,JlG�f�/y �c6,�j �c� Dollars ($M,Don °0 , which is one hundred percent(100%)of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of Cash,certified check, or cashier's check. _-,�Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/PornWsubaiv 10-18-01/4r25ro2 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Aile 4,0,itd Dollars ($ 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 Attomey; 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/fomis/subdiv 10-18-01/4/25/02 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 fonn 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: I. 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 i premium on all insurance hereinabove required. i agmefflbm /subdiv 10a19-01/4a5ro2 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: agreeffbmts/subdry 10-18-0114125102 8 TO CITY: TO SUBDIVIDER: City of Huntington Beach 5A55 QU R%At41 A Qi�MS FtAo lvex"oK ATTN: Director of Public Works Flo S lsA N Sr'1 SS Q J t�1 A * 2000 Main Street Huntington Beach,CA 92648 BF-A k `B4-VIt> tI NTt n� 6'Ta nl 'I FA.c H� C�'6 q- 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 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 I agree/forms/subdiv 10-18-01/425/02 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 agrWfornWsubdiv 10-18-01/V23/02 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, 6H5,S0cr M)Ar•1,AA4A45 A,09 A'CMr'*WM ITY OF HUNTINGTON BEACH, a $/TqN S,45500AAAN,`(fAH4 C. v4 AtAykVunicipal corporation of the State of California ?_I FAcN F5u✓a . WLJ N u B • Mayor A5/TAN Sf1550c/N��4/�/ ATTEST: print name ITS: rman >il3Ci President NtaMA61KG 'W City Clerk d -A2 By: _ APPROVED AS TO FORM: print name ITS: (circle one)Seccetar nancial Officer/Asst. ol Secrete Treasurer �119�0-y City Attorney '�ia?� ry- M erc 3�R D AND OVED: REVIE D ANAPP O E . K/4 ka-4 C. City Administra r agree/forms/subdiv 10-18-01/4/25/02 12 nt By: SAZ; 714 374 2211 ; Jul-1 2 2 12:04PM; Page 2/2 07/12/2002 12:16 90948170 DELANEY INS PAGE 02 -7ACOR �. CERTIFICATE OF LIABILITY INSURANCE i m PRODUCER �( M THIS CERWICATE IS MATTER NF IMUED AS A OF INFORMATION DSLANSY INSURANCE AQ$bTCY C" 1 C�r`I� OyLY AND COWERS NO RIGHTS UPON TWE CERTIFICATE 9035 HAVEN AVE., STR. 104 V4�T NO. HOLDER. LT RTH:C CERTIFICATE COVERRAGO AFFF KII T NOT HE PO KIPS BELOW. RANCHO CUCAMONGA, CA 91730 Ib l 120,U 0 909-481-7222 INSURERS AFFORDING COVERAGE NAICO INSURED SASSOUDTIAN, ADAMS 4 ZUC=RMAN,LLC INSURER A: ILLINO19 ONION YNBURANCR CO. RTCO DSVBLOPmm, INC. INSURER A; 540 WEST MINSTER M&LL mmFA R C: NEST MINSTER, CA. 92603 UisURBRO: JNSLMNER E: r.OVEMgE3 THE POUCIIrS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THi POLICY PERIOD INDICATED,NOTw17HSTAN0ING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHIR DOCUMENT WITH RE906CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRI810 HERBIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDMONS OF SUCH POLICIES.AOOREAATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMdS. L POLICY NU1 m N twiT6 GENERAL LIABILT' EAC14 OCCURRINCE $1 000 000 X COUMeRCIALOMERALLIABILm I oo n e *50 000 CLAW,3WDE OOCCUR MoIZXP(An wmLa=) sZ2CL'ODSD A DOL142481 02/19/02 02/19/03 FSRAONALaAwwivRy Il 000 000 GENERAL AGGREQATE 31,000,000 OQNL AGQAftAT6 LIUR APPLIES PESL PRWuCTS.0011PAOAOG 11,000,000 xi Policy ' LOC AUTOMOBILELIA&LITY Ape V COMA91ED WHOLE LIMIT $ ANYAUTO B o�s1l / (INMcclQenl) ALLowNIjDAuroA DOOILVIMAJAY XmOULEDAUTOS OV �1► (Prp�neN III PIED AV OS " +r soolL.uuuRr 1 NDN•OWNEDALITOB v °°daeAl) I"WxPERTYuDAµA% OARAW LIABILITY AUTO ONLY-SA ACCIDENT ANYAUTO OTNfRTH EAArA S 0=98MMBRELLA LWKITY EACH OCCURANKE 110000,000 X ocom CW INLSMADE AnoREGATC 11 0 0 0 0 0 0 CP142482 02/19/02 02/19/03 1 A DeOUCTIBLE 1 X ReTwom s I wOIMtiRB COMPO+IATIONANO EMPLOYERV LEA61LITY AM'r+1QMRrowPMT►A3uW.7dlG+mw E L,EACH ACCIOIDIT $ O,►tCERMNetR IltGl++olp1 C.L.Op4ASE•CA EMPL 1 MW6 deeM�pvleer I IA P G.L.PIVASC•POLICY I tu" Ji OTHER HIS CERTIFICATE RE LACES CERTIFICAT DATED 7 2/02 WHI H IS NULL AND VOID. DESCRIPTIONOFOPP,MATIONSI LOCATIONS IVEHICLESJEXVJJMNS ADM BYF.HooAMMD IWMC44PROVISIOH9 TH8_CITY-OF-H=rl=T_ON-HaACH,_IT5= ;OFFIC8R3-i-) L07CSE18-TO-B$ N711[8D AS ADDITIONAL INSURXD-BY-INSORINO=COMPAXT=- TDOR3_R![RI1T-_TO-P_OL_LO_W-FROM INSDRINa=CO PROJECT:_TZMBBR=CO.URTS,—_H=TINGTOD7/DBLAWXRR, 7701 TIMBIR CIRCLE,RUNTINCTON BEACH, CA. 92646. w30 DAY NOT CR ? C LLATION EBCEAT 10 DAY NOTXC9 8 A NON EAYMNNT OF PRRMIUN ESMCATra HO ANCE"ATIQN *IOULD ANY OF THE ABOVE 062MIOM POLICI11 K CANCELLED BEFORE TNi r-Xf4 7ro THE CITY OP HUNTINGTON REACH, oars THARw THE Issua+c INSumR we.L 0HUMM MAn*3Q oAYs wRmGN ITS AGENTS, OFFICERS G M PLOYERS HOTIM 70 THE CWTIMCATIC HOLDER NAMED TO THE LCFT)WJQ MXXAXM 2000 )LUM STREET NdWd6N HUNTIMON BEACH, CA. 92640 Mass iii$rYanxx AuTHPt=O ARIA 7aTNE ;OR025(2001/08) �Y1 OACORD CORPORATION 188E • • ,�' . '��� ,., vS �ti �`.� � � ��'•;� LPL 07/16/2002 12:38 9094817217 DELANEY INS PAGE 02 POLICY NUMBER: OGL1.42481 COMMERCIAL GENERAL LIABILITY INSURED: Sassounian,Adams&Zuckerman,LLC. Etco Development,Inc. EFFECTIVE DATE: 02/19/02-02/19/03 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS &EMPLOYEES2000 MAIN STREET HUNTINGTON BEACH, CA. 92648 PROJECT: TIMBER COURTS, HUNTINGTON/DELAWARE, 7701 TIMBER CIRCLE, 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 II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office,Inc. 1984 JUL-18-2002 12:47 9094817217 98% P.02 ATTACHMENT 7 l • BOND NO.8332555 PREMIUM$100.00 Premium is for a term of Two (2) Years MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Sassounian, Adams & Zuckerman, LLC as Subdivider of Tract No. 15195 in the City of Huntington Beach,County of Orange,State of Califomia,has submitted to said City a Final Map of said tract containing an engineer's or surveyors certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: Thatsaid Sassounian, Adams & Zuckerman, LLC , (Subdivider) as principal,and Developers Surety and Indemnity 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 $ 4,000.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 27th day of June )qq 2002 Sassounian, ms & Z c e an, LLC ,as Principal By. r. By: Develo ers ,as Surety i By: DaW4 N dd Attorney in fact By: APPRO D AS TO FORM By: 8092 0� DE U CITY ATTORNEY JEN F McGRATH STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 'ON - 1 ^D2- ,BEFORE MEJJaLl C4L G , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED .:�o,a&ot�ytlo .V", AND G d.11f i ?Ll c� I�a r�lt_COr1 _ 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 PEgAD, CUTED THE INSTRUMENT. WITNESS M HAND SIGNATU MY P CIPAL PLACE OF BUSINESS IS NOTARY PUB IC IN D FO IN COUNTY (NAME PRIN M CO ISSION EXPIRES JACKIE HRAPC.HAK COMM.#1233675 m N,y Pl*ceurrnn�a an ORANGE COUNTY My Cflmm.E q August 31,2003 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8092.01 'CALIFORNIA ALL-PURPOSACKNOWLEDGM ENT • LL:r:-�,i ^.rr- - ,i=,c>- .c-rr=cc-r..cr..c=.r.,cr.,c-�rc��.crcrc�.c-.r..c�,�-c�rcr,�r�,cr,�rcrr;crcr- -,crc�,c�- -,€rcrr•,r:c�t-�r �.er�-�. /> C State of California County of Los Angeles f On June 27 , 2002 before me, Christopher John Rizzotti, Notary Public .d Date Name and Title_of Officer(e.g.:'Jane Doe.Notary.Public') personally appeared David Noddle > Name(s)of Signer(s) apersonally known to me-OR-YC proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument Fand 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), t: CHRISTOPHER IOHN RIZZOM or the entity upon behalf of which the person(s) acted, 40 Commission#t33aaa � executed the instrument. �[ Notary Public-California v, •� LOS ANGELES County r My Comm ExpiresJAN 10.2006 WITNESS my d nd o icial seal. f, �6L7-11;^.aiure Cf Notary Public Z> Z OPTIONAL > Though the information below is not required by law• it may prove valuable to persons relying on the document and could prevent ` T` fraudulent removal and reattachment of this form to another document. lX t Description of Attached .Document r r Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r Signer's Name: Signer's Name: S Individual = Individual . _ Corporate Officer _ Corporate Officer fi Title(s): Title(s): = Partner-= Limited 7 General = Partner— Limited General = Attorney-in-Fact = Attorney-in-Fact = Trustee = Trustee = Guardian or Conservator , • Guardian or Conservator r • - y _ Other: Top of tnumo here i _ Other: Tor,a thu nb nere ; t Signer Is Representing: Signer Is Representing: , h C 1995 NaUona!Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827 i • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each.hereby make,constitute and appoint: ***David Noddle, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute•deliver and acknowledge,for and on behalf of said corporations•as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do.but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.effective as of November 1,2000: RESOLVED•that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attornev(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretvship: and that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond•undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January,2002. unnn„� By: ,,, AND /,y�'• MPAN y O David H.Rhodes,Executive Vice President :'��J�.'' POR••'• F•••••. GG PO y P qrF?'y� ,�-> OOP OCOT. _ `' OCT.5 0 W =0 1936 =o- w 1967 X Bv. S. Waller A.Crowell, Secretary �,��d0./OWN *�da 02 C'yC/FOP�N a= STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8.2002,before me.Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell.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 acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersnns acted.executed the instrument. WITNESS my hand and official seal. I ANTONIO ALVARADO 6 . COMM.#1300303 eo � - Notary Public California & _ � i ORANGE COUNTY & Signature My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked• and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 2 7 t hday of June 2002 By David G.Lane,Chief Operating Officer ID-13S0(01/02) BOND NO.833254S • PREMIUM IncA&d with r PerformancaWnd LABOR AND MATERIAL BOND, WHEREAS,the City Council of the City of Huntington Beach,State of California,and Sassounian, Adams & Zuckerman, LLC (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated June 2002 Tract 16196 ' I ,and identified as project ,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 Ninety One Thousand Five Hundred -- dollars($ 91,500.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration or addition. 8096 In witness whereof,this in nt has been fully executed by the principal and surle above named,on June 27 c 2002 Sassou n ,as Principal By: Developers S-Px--etydAnd Indemnity aSSUrety By. David e, Attorney in fact_ By: STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) r, ON L OZ BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY tA__PPEARE G�SSCrJY1(Gl t� AND)'-n''V,IC� PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIgf D TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES THAT THEY EXECU D T AME IN THEIR AUTHORIZED CAPACITIES, AND THAT THEIR SIGN SON TH N TR T THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE ERSON E ,E C E THE INSTRUMENT. WITNESS HA / SIGNATUR MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBL IN AN OR SAID S IN COUNTY ED) COMMISSION EXPIRES JACWE HRAPCHAK comm.01233675 STATE OF CALIFORNIA SS �PubkCe1WW owwGE courm COUNTY OF ORANGE ) MYU mEV.August3t,2063 ON BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 APP VED S TO FORM By: DEPU ATTORNEY 2 dENNI WRATH 8090 CALIFORNIA ALL-PURPO CKNOWLEDGMENT ;��,€r=arc=r- ,cr- - .;crcrcr��r�r- -. -..cc- .- .cr,M- .�-,crc rcri=�c�,�-cr-.cr- .c:rc•�,crc�,crc�.crc�,cr�.c�i=�� y r. State of Calif ornia >> 1 ff County of Los Angeles F On June 27, 2002 before me, Christopher John Rizzotti, Notary Public .d Date - -Name and Title of Officer(e.g.,"Jane Doe,Notary Public"). , rpersonally appeared David Noddle _ �> Name(s)of Signer(s) Z W1 impersonally known to me-OR-C proved to me on the basis of satisfactory evidence to be the person(s) � r' whose name(s) is/are subscribed to the within instrument cand acknowledged to me that he/she/they executed the , F' same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), r �. CHRISTOPHER JOHN RIZZOTTi or the entity upon behalf of which the person(s) acted, c Ml Commission#133444� r- , , � executed the instrument. Notary Public-California Ce f j LOS ANGELES County ?� ►uty Comm ExpiresJAN 10,200E WITNESS my and official seal. cf t' Signature of Notary Fuji C l� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent j fraudulent removal and reattachment of this form to another document. Description of Attached Document r r� Title or Type of Document: rDocument Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r � z . Signer's Name: Signer's Name: S Individual - Individual Corporate Officer Corporate Officer fi Title(s): Title(s): Partner—= Limited _ General = Partner— Limited -.- General Attorney-in-Fact = Attorney-in-Fact 6 r Z: Trustee = Trustee r Guardian or Conservator = Guardian or Conservator .r 1 Other: Too o'tnumo here I _ Other: TOG o',numb nere ti r f Signer Is Representing: Signer Is Representing: G 1995 Nat:Cr.a'.Notary Association•8236 Remmet Ave..P.O.Box 7184•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Cali Toll-Free 1.800.676.6827 BOND N0. 833254S • PREMIUM $2 .00 Premium is for qwrm of Two (2) Years FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and .Sassounian, Adams & Zuckerman, LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated June 2002 Tract 16196 0. and identified as project ,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 Developers Surety and Indemnity company ' as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal sumof one Hundred Eighty Three Thousand------ dollars($183,000.00 ) 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 void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. 1 i 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 June 27 2002 . Sassounian, da Zuckerman as Principal By Developers Surety and Indemnity Company as Surety By D Attorney in fact By APp� E ro FORM 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON I D-- ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,P RSONALLY A((��PPEARE L CLVIn SOU h.ICC AND CaV I ZGl Q.0 v wl� - , 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 INS UMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS A ED,EX UTED THE INSTRUMENT. WITNESS,MY�AND F. SIGNATURE I MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUB IN A FOR S A IN V-rA A,_-, s2 — COUNTY NAM NTE MY COMMISSION EXPIRES '93I D3 JACVJE HRAPCHAK r. COMM.01233675 Notary Pubic-Cd1 Ma ORANGE COUNTY + My Comm.E*August 31,2003 STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON ,BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075.01 3 CALIFORNIA ALL-PURPOACKNOWLEDGMENT �r!.crcry:C,c(`.crc!`.cry'�'.K',rrctr�r�.r(`.cr.€�.crcrcr.�-�`' ter- .�-r.<rcrcrcrcrc��•rM�,c�.c�,cK`,c-rcrcrcC`,cK'-rri=^,2rc:r r� State of California County of Los Angeles f June 27 , 2002 Christo her John R-izzotti Notary Public ' S On before me, P "-d Date - Name and TrIle of Officer(e.g..-Jane Doe.Notary Public) - fi personally appeared David Noddle Name(s)of Signer(s) impersonally known to me-OR-K: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)s acted, f M. •• CHRISTOPHER IOHN RIZIOTtt Y P P ( ) F_ N Commission#1334447 r executed the instrument. c 49 Notary Public-California to .•J LOSANGELES County , WITNESS m7ya pand7* ial seal. My Comm Expires JAN 10,2006 f !� .nature of Notary Public - 'S ?° OPTIONAL C. 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. T ? Description of Attached Document 25 Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: S T Capacity(ies) Claimed by Signer(s) r> r Signer's Name: Signer's Name: n ti S r r = Individual = Individual = Corporate Officer = Corporate Officer ?� Title(s): Title(s): h = Partner—= Limited - General = Partner—= Limited = General = Attorney-in-Fact = Attorney-in-Fact = Trustee = Trustee = Guardian or Conservator ,; = Guardian or Conservator Other: lop of tnumo Here _ Other: Top of tnumb nere I > f Signer Is Representing: Signer Is Representing: . C 1995 Natrona!Notary Association-8236 Remmet Ave..P.O.Box 718:•Canoga Park.CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.876.6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725 IRVINE.CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each,hereby make,constitute and appoint: ***David Noddle,jointly or severally*** as their true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents•are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of January,2002. By. •���:� AND �^;0., AMP AN V pc David H.Rhodes.Executive Vice Presidentcc OCT. °yJ;��tPORgl F?�ti•; �G OPPOgq �, sw: 10 ?eye M OC 5 TO 1967 By:_ C, Walter A.Crowell. Secretary �'��� !DtN P .•'�aa•• O� 441F p•'• •*••'* 0 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2002.before me.Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell.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 acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nemons acted.executed the instrument. WITNESS my hand and official seal. T ANTONIO ALVARADO COMM.#1300303 Z ^'" ra . Notary Public-California 9- !�/!y � i ORANGE COUNTY � Signature My Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 2 7 t hday of June .2002 B mod. Y David G.Lane,Chief Operating Officer ID-1380(01/02) RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16196 Timber Circle One-Lot Subdivision COUNCIL MEETING DATE: August 19, 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 Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS: N/A REVLEWED RETURNED FORWARDED';._ Administrative Staff Assistant City Administrator (Initial) VL-- City Administrator Initial FCity Clerk EXPLANATION FOR RETURN OF ITEM SpaceOnly) RCA Author.: HZ:SH:RS:kjl