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HomeMy WebLinkAboutFinal Tract Map 16287 - Tentative Tract Map 16287 - N/S Clay I I RECEIVED BY: • CITY CLERK RECEIPT COPY Return DUPLICATE to A 1� City Clerk's Office (Names after signing/dating (Date) i CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Mi-eidenrich, City Treasurer FROM: C. �✓ "' DATE: 9-- SUBJECT: Bond Acceptance _ I have received the bonds for / (Company Name) Faithful Performance Bond No. Labor.and Material Bond No. ~ Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved / Agenda Item No. (C uncil A proval Date) City Clerk Vault No. - /d- /flv 79) #27 g1followup/bondletter doc - ATTACHMENT # 1 ERNEST AVE. w � w C/) � CARFIELD C A VENUE cry J z SUMMIT _ CLAY AVE. _ z w 0 TRACT 1.6287 0 ILT-ORKTOWN AVE. Location Map ATTACHMENT #2 BONDNO._ B34224566—M PREMIUM—i=7,��n perf, bond GUARANTEE AND WARRANTY BOND WHYS PLC, a California General Partnership a Pddndpal,and Gulf Insurance Company a corporAon organized under the laws of the Stale of Connecticut and duly authorized to do business in the State of Calikmia,as Surety,am held and Maly bound unto the My of Huntington Beach,CelKomia,as Obligee,In tie penal sum of Seven Thousand Two Hundred and NO/100 ths --------,reptesentirg 10 percent of the oo*20 price enwred into between the Principal and Ofte.bo which payment weH and truly to be made we do bind 6ui3elves,and each of our helix,executors,adrnmistrators,successors and assigns jointly and severally. WHEREAS,the said prindpal enlered.into a contract o th sold Obligee,dated_e* �� - —for work described as follows: Tract 16287 WHEREAS,said contract provides that the Principal Wig btm13h a bond condilfoned to guarantee and warrant for the period of one year after completion of the work and acceptance ttoeof by the Obfiges,against all defects in workmanship and meWals during said one year period. WHEREAS,said work has been completed,and accepted by O*ee on NOW,THEREFORE,the Principal and Surety,jointly and severely shall indemnify the Obligee for all loss that the Oblgee may sustain by reason of arty defective materials or workmanship which become appBmt during the period of one year from and after data of completion of work and acceptance thereof by Obligee. In Y&ess whereof,this instrument has been duly executed by the principal and surety above named,on .19 PLC, a California General Partne hips BY, By 6 t v, APP.OVED AS TO FORM: JEN�. IF-ER bicGRATH, City Attorney - i Gulf InsurancF Company Usumly BY T. . HARC ATTORNEY-IN-FACT ey • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ON May 15,2GLo4. oReME, TraCj L. Cievn m 01 A NOTARY PUBLIC IN AND FOR SAID STATE.PERSONALLYAPPE t^l�irl cS f0�1e r G Xa�'bbs , Dan ' I O annnr► PERSONALLY*MN TO ME(OR P,DVM.TO ME ON THE BASIS OF SATISFACTORY eMEN } TO BE THE PERSONS WHOM NAMES AWSUBSCRIBED TO THE WITHIN INSTRUMENT MID ACMOWLEDGES TO ME THAT THEY EXECUTED THE SAME N 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 SIGNA71 MY fflgerAL PLAN OF BUSINESS IS RY NOTA PUv.IC N/ B STATE IN a Yl GU�y alC� L • CAP, "'I I�( I . (NAMEPRWED) MY COMISSIONMMIMM Ma 3,a(Krl 1RACY L.6EMMI,L Commft*M#1415241 STATE OF CALIFORNIA ) re'09 Nck,y hMe-Cmamb ) COLMITY OF ORANGE ) My Comm•."w Mwf 3,2W7 r ON .BEFORE ME, - - A NOTARY PUBIC N AND FOR SAID STATE,PERSONALLY APPEARED .. AND .. FEI WALLY KNOWN TO ME(OR PROVED TOME ON THE BASIS OF SATISFACTORY VIDENCq TO BE THE pERSOtiS WHM NAMES ARE SUS TO THE WTMW INSTRl11 W AND AOQrOW EMAS TO ME THAT THEY B ECUiED THE SAVE IN THEIR AUTHORIZED CAPWXIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF VMCH THE PERSONS AeMDj Dt>:'CUM THE WSTRUMENT wnWESS MY HAND SIGZ'iATLIRE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (WE PRINTED) MY COMMISSION EXPIRES_ IND 2 STATE OF CALIFORNIA } )ss COUNTY OF SAN DIEGO } On 05/06/2004 before me, F. Griffin, personally appeared T.E. Harcum personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F. GRIFFIN My Commission Expires JUNE 15,2005 Signature ****************************************************************************** (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 60 • �r6 :7-q lq-e- LA-.-Jb�v . Recording requested by, Recorded in Official Records, Orange County Torn Daly, Clerk-Recorder and when recorded return to: � ll�! ! Joan L.Flynn,City Clerk i NO FEE Office of the City Clerk i 200400069826511:57am 08/02/04 CITY OF HUNTINGTON BEACH j 115 51 A04 1 P.O.Box 190—2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca. 92648 N� (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) l(A PLEASE TAKE NOTICE THAT on June 14, 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. 1-6287. - - - --- Public improvements constructed consist of the domestic water system and appurtenances and the sewer system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at July 6, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest_ ,t.L 20_o_� JOM L MW . City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach, California By Deputy CITY OF H7TINGT7 BE CH by: City Engineer This doaxnent is solely for HIS oMIdN pw*Aes of On City of Hun*Om Baad+,as corAemplated LwKier_ Gaywwwt Cods Sec 6163 and *4M bs recorded free of dulW. City of Huntin ton Beach • =-; P O Box 711 CALIFORNIA 92648 i TELEPHONE 714 536.5200 FAx 714 374.1603 �e SHARI L. FREIDENRICH CITY TREASURER CERTIFIED MAIL July 20, 2004 Gulf Insurance Company One State Street Plaza, 91h Floor ATTN: Gulf Insurance Group New York, NY 10004 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 July 6, 2004: Tract# 16287 Faithful Performance and Labor&Material Bond No. B34224566 Monument Bond No. B34224565 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. ' enrich, CPA,�CCMT,�CPF�A City Treasurer Enclosures cc: PLC 19 Corporate Plaza Newport Beach, CA 92660 �erri Elliott, Principal Civil Engineer(no attachments) Joan Flynn, City Clerk(no attachments) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh reidenrich, City Treasurer FROM: DATE: — 9—e--g\10 V SUBJECT: Bond Acceptance I have received the bonds for AL (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. /4( a CC No. MSC No. Approved 716 W Agenda Item No. �— o (C until pproval Dat ) AL City Clerk Vault No. -- 6 �-9� #27 g:/followup/bondletterAoc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 30, 2004 County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 ATfN: HUGH NGUYEN Enclosed please find four" Acceptance of Public Improvements" to be recorded and returned to.the City of Huntington Beach,Office of the City Clerk, 2000 Main Street,.Huntington.Beach, CA 92648: . . Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. 3 jig oan L. ynn City Clerk Enclosures . Tract 15603 (Shea Vickers), 16287(PLC Land), 16288(PLC Land), 16289 (PLC Land) g:/fol lowu p/tract/acceptpublicimp-recorder.doc Procedure#23 (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 9, 2004 PLC Land Company 19 Corporate Plaza Drive Newport Beach, CA 92660 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 16287---[Acceptance of Public Improvements] Please be advised that on Tuesday, July 6, 2004 the City Council of the City of Huntington Beach took the following action: E-6. (City Council) Approved the Release of Securities for Tract No. 16287.1-ocated n/s of.Clay Avenue Approximately 310 feet e/o Holly Street at.7445, 7451. 7457. . and.7465:Clay.Avenue (Holly-Seacliff.Specific Plan)—.Approved the Notice of Acceptance of Public Improvements (Developer, PLC Land Company, a California General Partnership)— 1. Accepted the improvements constructed and dedicated for public use with Tract No. 16287; and 2. Accepted Guarantee and Warranty Bond No. B34224566-M; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 3. Release the Faithful Performance/Labor and Material Bond No. B34224566; and Monument Bond No. B34224565 pursuant to California Government Code Section No. 66499.7(a); and 4. Instructed the City Clerk to notify the developer, PLC Land Company, of this action and the City Treasurer to notify the Surety, Gulf Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. Sincerely, JoA L. FI City Clerk cc: City Treasurer JF: pe Attachment g:/followup/tract/acceptpublicimp-notice.doc procedure#22 (Telephone:714-536-5227) �WdRrU (� J; 0%64-0T y • "1� � ;ev- rr v Council/Agency Meeting Held: D Deferred/Continued to: *pproved ❑ Conditionally Approved ❑ Denied Cit ler 's Si ature Council Meeting Date: July 6, 2004 Department tuber: PW 04-056 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION C-- Q __ N o= SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ``' :Z:� SUBMITTED BY: PENELOPE CULBRETH-GRAFT, ty d�ator PREPARED BY: OBERT F. BEARDSLEY, Director of Public Work ' N n SUBJECT: Approve the Release of Securities for Tract No. 16287 and Accept the Public Improvements Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: PLC Land Company, a California general partnership, the developer of Tract No. 16287 has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Tract No. 16287 is located at 7445, 7451, 7457, 7465 Clay Avenue (north side of Clay Avenue, approximately 310 feet east of Holly Street), Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed for public use with Tract No. 16287; 2. Accept Guarantee and Warranty Bond No. B34224566-M, 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. B34224566 and Monument Bond No. B34224565 pursuant to California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify the developer, PLC Land Company, of this action and the City Treasurer to notify the surety, Gulf Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. • REQUEST FOR ACTION MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER:PW 04-056 Alternative Action(s): Deny the recommended action. This action may violate the Subdivision Map Act. Analysis: On September 16, 2002, the City Council approved Final Map No. 16287 and accepted bonds from PLC Land Company, a California general partnership, the securities furnished for faithful performance, labor and material and monuments. The developer, PLC Land Company, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7(a). Public improvements constructed consist of the domestic water system and appurtenances and the sewer system and appurtenances within the public street. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Following is a list of project data: Subdivider: PLC Land Company, 19 Corporate Plaza Drive, Newport Beach, CA 92660 Engineer: Walden and Associates, 2552 White Road, Suite B, Irvine, CA 92614 Location: 7445, 7451, 7457, 7465 Clay Avenue (north side of Clay Avenue, approximately 310 feet east of Holly Street). Zone: SP-9 (Holly-Seacliff Specific Plan - Residential Medium-Density) General Plan: RM-15-sp (Residential Medium-Density — 15 units per acre maximum — specific plan) No. of Acres: 0.279 acres/ 12,150 sq.ft. (net) No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 4 (condominium) 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\04-056 July 6 Bogart(Tr 16287 Bond Release).doc -2- 6/18/2004 10:24 AM REQUEST FOR ACTION MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER:PW 04-056 Attachment(s): City Clerk's Page Number No. Description 1 Location Map 2 Guarantee and Warranty Bond No. B34224566-M 3 Acceptance of Public Improvements Form RCA Author: Bogart GAR C A\2004\04-056 July 6 Bogart(Tr 16287 Bond Release).doc -3- 6/17/20041:32 PM GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Ins urance,Company,a corporation duly organized under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to%vit: . "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Pourer of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Pov;er of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or other vise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon th,e Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint T.E. HARCUM its true and lawful attorney(s)-in-fact.iith full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. Q�,,,S\jMNCFCCIio GULF INSURANCE COMPANY GQPPOggT� SEAL P STATE OF NEW YORK 1 SS �.EC��CJ~. J Lawrence P.i`Iiniter COUNTY OF NEW YORK Executive Vice President On this list day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of.said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. CD Y ,p G ANGIE iNIAHaBIR-BEGAZO STATE OF NEW YORK SS �. UBL� �O Notary Public.State of New York COUNTY OF NEWYORK OP No.OINIA6019988 Qualified in Kings Countv Commission Expires February 16,2007 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Dated the 20 \N VPANCF C 6TH day of MAY 04 Signed and Sealed at the City of New York. � S C 2�A , OgeT� � SEAL �0NIJECZ�GJ George Biancardi Senior Vice President ATTACHMENT #3 PDP- re4 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HUNTI NGTON BEACH TO: Jennifer McGrath, City Attorney � - 3 2004 FROM: Joan L. Flynn, City Clerk ;1ty01hun11 onze C1tYAffoMews 0 ce�, DATE: July 12, 2004 SUBJECT: Request for Clarification of Acceptance of Public Improvements At the July 6, 2004 Council Meeting, three Acceptance of Public Improvements (items E-5, E-6 & E-7)were approvedfor Tracts 16287, 16288, 16289 —all for PLC Land Company. All three are missing the paragraph stating, "Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. " Please refer to attached copies for your convenience and advise: Can be considered a typing error, be corrected and submitted for recordation. ❑ Needs to return to Council. Please document and sign below whether or not we need to return to Council. City Attorney's comments and signature: Jk 6 I�►�r�rfc..l /aVIa re-, —. e-LAXY4 6j QNJ- By: City Attorney/Assistant/Deputy M ross/attomeyclarificationmem Recording requested by, and when recorded return to: Joan L.Flynn,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 June 14, 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. 16287; Public improvements constructed consist of the domestic water system and appurtenances and the sewer system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at July 6,2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 20 a� JOAM L FL N City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach,California By 01— Deputy CITY OF INGT7 BE CH by: City Engineer T*doaxn"Is sooty for the oflfclal bueirwss of ow City of HW&V'M Bee t%as coMsmpsted under Gownrnsnt Cods Sec.6103 and shmid bs recorded free of dW98, Recording requested by, and when recorded return to.- Joan L.Flynn,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 June 14, 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. 4- Ri4M CA o4PN-) Public improvements constructed consist of the domestic water system and appurtenances and the sewer system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at July 6, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 20 City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach,California By Deputy CIT::p6j, TINGT N EACH by: City Engineer RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 16287 and Accept the Public Improvements COUNCIL MEETING DATE: July 6, 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 Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED .RETURNED IFORW ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: Bogart 1692 CITY OF HUNTINGTON BEACH 2000 MAIN STREET ..CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY ClTY.CLERK October 17, 2002 First American Title Insurance Company T2 First American Way Santa Ana, CA 92707 714-800-4641 Attn: Michael C. Williams,Title Officer Re: Final Tract Map No. 16287 -Order No. OR-2228177 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, dmz� Connie Brockway, CIVIC City Clerk /jh Enclosure . �h� i Glr✓� b '(�1e �c. d��e �O Received by: C � Received by: Dated: c y "U o� ff- TG O Date: Z 9:/followup/tract/tractrnap2002.doc (Telephone:714-536-5 227) • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET " CALIFORNIA 92648 OFFICE OF THE CITY CLERK ..CONNIE BROCKWAY CITY CLERK October 17, 2002 First American Title Insurance Company 2 First American Way Santa Ana, CA 92707 714-800-4641 Attn: Michael C. Williams,Title Officer Re: Final Tract Map No. 16287 -Order No. OR-2228177 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, 200-0 Main Street, Huntington Beach,. CA 92648. Sincerely, dmz� C' Connie Brockway, CIVIC City Clerk /jh Enclosure Received by: , //1 Received by: Dated: Date: 9:/followup/tract/tracbnap2002.doc (Telephone:714-536-5227) ¢S T A M E R", �~ �y First American Title Company 2 FIRST AMERICAN WAY,SANTA ANA,CA 92707 (714)800-3000 wlv a TRANSMITTAL DATE: OCTOBER 23, 2002 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK HUNTINGTON BEACH, CA 92648 ATTN: CONNIE BROCKWAY YOUR REF NO: OUR ORDER NO: DEAR CONNIE: THE FOLLOWING ARE ENCLOSED FOR USE IN CONNECTION WITH OUR ABOVE- REFERENCED ORDER: Q. COMMITMENT FOR TITLE INSURANCE. , Q COVENANTS,CONDITIONS AND RESTRICTIONS. Q DEED OF TRUST. Q COPY OF ITEMS. J� () COPY OF ENDORSEMENT AS PER YOUR REQUEST. rn Q FIRE INSURANCE POLICY I'' a (X) NEED SIGNATURES FOR MAPS. bl. Q PRELIMINARY TITLE REPORT. o n Q PROPERTY LOCATION DISCLOSURE ENDORSEMENT. Q OWNERS POLICY AND COPY OF LENDERS POLICY. w Q ORIGINAL UCC-1 TO BE FILED AND A CHECK IN THE AMOUNT OF . � T FIRST AMERICAN TITLE INSURANCE COMPANY BY MICHAEL C.WILLIAMS,TITLE OFFICER DIRECT TELEPHONE NUMBER -714-800-4641 FAX NUMBER-714-800-4965 CC: <> C •Y OF HUNTINGTOPBEACH INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 16287 (Authorization to Record) DATE: October 15 , 2002 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE CO: First American Title Insurance Company TITLE OFFICER: Michael C. Williams ORDER NO.: OR-2228177 LOCATION: N/E Corner of Main St. & Clay Ave. PHONE NO.: (714) 800-4641 c ris R. Winc ak G:/Eng/Winchak/Forms/Map auth to record O 0 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: T ' FROM: PLANNING DEPARTMENT TRACT NO. - t PARCEL MAP NO. PARK AND RECREATION FEES PAID: I/ES $ 9 Gl e ❑NO DEVELOPER:'- for: Howard Zelefsky Director of Planning r 1 " wRECEIVED BY:r ;v • • CITY CLERK RECEIPT CO PY. Return DUPLICATE to Jeffrey Hughes'(ext.6260) V after signing/dating 'y -ut-- (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROW DATE: SUBJECT: Bond Acceptance I have received the bonds for PL (Company Name) Faithful Performance rm n -9 'Z?-45 (0 c.e Bond No. 1-cibor.and,Material Bond No. 934 Monument-Bond No. Maintenance Bond No. Re': Tract No. CC No. MSC-No. Approved 09 Agenda Item No (Council'Approval Date) City Clerk Vault No. FL 4 fL6• W g1jah/bondletter.doo. i • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: September 25, 2002 TO: PLC Land Company ATTENTION: William D. Holman Name 19 Corporate Plaza Drive DEPARTMENT: Street Newport Beach, CA 92660 REGARDING: Subdivision Agreement . City,State,Zip re: Tract No. 16287 See Attached Action Agenda-Item E-11 Date of Approval 9/16/0 2 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: �Z��tti'CRu/ 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 bonds Name Department RCA Agreement Insurance Other R. Santos Planning x x x bonds Name Department RCA Agreement Insurance Other S. FrAidenrich Treas. x bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other C. Mendoza Risk Mgmt. x x ^,`'� Name Department RCA Insurance*'""(PA 1 Telephone:714-536-5227) 09 t6 rl_� 1. s yj f�MAN1, Council/Agency Meeting Held: (314b--02 Deferred/Continued to: VA proved ❑ Conditionally Approved ❑ Denied _ City Clerk ignature Council Meeting Date: September 16, 2002 Department ID Number: PL02-30 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o CZ: SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS � SUBMITTED BY: RAY SILVER, City Administratorc/?o CD r-T7 PREPARED BY: HOWARD ZELEFSKY, Director of Planning �1 C c x. SUBJECT: APPROVE FINAL TRACT MAP NO. 16287 OF TENTATIVE TRACT MAP NO. 16287 (PLC ONE LOT SUBDIVISION). Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 16287, located on the north side of Clay Avenue, approximately 310 feet east of Holly Street, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final :Tract - Map No. 16287 pursuant to findings and requirements (ATTACHMENT NO. 1)". 2. "Approve the Subdivision Agreement between the City and PLC, A California General Partnership, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16287 and reject the offer of dedication, improvements and bonds." REQUEST FOR ACTION MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PL02-30 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC Land Company 19 Corporate Plaza Drive Newport Beach, CA 92660 ENGINEER: Walden & Associates 2552 White Road, Suite B Irvine, CA 92614 LOCATION: 7445, 7451, 7457, 7465 Clay Avenue (north side of Clay Avenue, approximately 310 feet east of Holly Street). ZONE: SP-9 (Holly-Seacliff Specfic Plan — Residential Medium-Density) GENERAL PLAN: RM-15-sp (Residential Medium-Density — 15 units per acre maximum — specfic plan) NO. OF ACRES: 0.279 acres/ 12,150 sq. ft. (net) NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 4 (condominium) DATE OF COMPLETE APPLICATION: September 4, 2002 MANDATORY PROCESSING DATE: October 7, 2002 DISCUSSION: On February 27, 2002, the Zoning Administrator approved Tentative Tract Map No. 16287, a one lot, 0.279 acre condominium map, in conjunction with Conditional Use Permit No. 01-65 for the construction of a four-unit two-story townhome project, including patio walls up to six- feet tall within the front setback. The subdivider has satisfied the park and recreation requirement for this project by applying 0.05 acre of previous parkland credit. The 15% affordable housing requirement for this project has been satisfied by assignment of one unit within the recently constructed, income- restricted Cape Ann development (Tract 15531), located northwest of the intersection of Garfield Avenue and Main Street. 16287 RCA(PLC 4-unit condo) -2- August 30,2002 11:17 AM REQUEST FOR ACTION MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PL02-30 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 Zoning Administrator on February 27, 2002. Environmental Status: This action to accept Final Tract Map No. 16287 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Area Map 3 Tentative Tract Map No. 16287 with site plan 4 Tentative Tract Map No. 16287 Findings and Conditions of Approval 5 Final Tract Map No. 16287 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Ron Santos/Herb Fauland -- P-. Y„.:_t,..,:x 4 ._.. �n...{.5., ..:Wt„4-yf:,.n1S ......, .,_:F.. .H ..N.....,, _ ...z...._._.,_ ..� � .,_.... ..... _Y .._.io-... _ _._ .,,. ,..•. 16287 RCA(PLC 4-unit condo) -3- August 30,200211:17 AM • ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16287 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16287 conditions of approval, as approved by the Zoning Administrator. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. B34224566 (Attachment No. 7). b. Labor and Material Bond No. B34224566 (Attachment No. 7). C. onument Bond No. B34224565 (Attachment No. 7). The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. S • ATTACHMENT 2 e e Now SIC/A LA CORft ®R1011 WARM[Y ` � 9.ATBM1 A PROJECT., TALawr SITE - .LLu ypffipWN I . AYAdI Ic+ImArwow I •Ai4MA a 1 3 Ru N BARRdON I r. I •BANNC�R IFLO / y ' At vk3 •Y{, Sy� F N LI G AY L .n........ r i VICINITY MAP Final Tract Map No. 16287 7421 Clay Street THE CITY OF HUNTINGTON BEA CH ATTACHMENT NO. Z . 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TRAM' NO. 16207 ._..___ r•Ic lu(o I.7MY m REVIStoNs -----""0 - ra IIIINnNCYON REACH.CAMOMIA I ATTACHMENT 4 Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 2 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator 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 15182 of the CEQA Guidelines because the City has prepared an environmental impact report for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or negative declaration is needed for a residential project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL—TENTATIVE TRACT MAP NO. 16287: 1. Tentative Tract Map No. 16287 for the subdivision of approximately 12,150 sq. ft. for condominium purposes to develop four townhouse units is.consistent with the General Plan Land Use Element designation of RM-15 (Residential Medium Density—maximum 15 dwelling units per net acre) on the subject property, and any other applicable provisions of this Code. The proposed residential subdivision for the development of four townhouse units is permitted in the Medium Density Residential (RM) designation, of the Holly Seacliff Specific. Plan. 2. The site is physically suitable for the type and density of development. The project density of 14 dwelling units per acre complies with the maximum permitted density of 15 dwelling units per acre in the General Plan and Holly Seacliff Specific Plan. 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 will comply with all mitigation measures identified in Environmental Impact Report No. 89-1. 4. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision unless alternative easements for access, or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. -TTNWWGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 01-65: 1. Conditional Use Pe 1-6.5 for the establishment, maintenance and operation of the four unit townhouse project and t foot high fences within the front setback will not be detrimental to the general welfare of persons or residing in the vicinity or detrimental to the value of the property and improvements borhood. The proposed grading, site layout and design of the project properly adapts sed structures to street, driveways, and other adjacent structures and uses in a harmord—u Tentative Tract Map No. 16287 Conditional Use Permit No. 0 1-6 5 Page 4 i9ZdecfiveHE3.J.1: Encourage the provision and continued availability of a range of housin es throughout the community, with variety in the number of rooms and level of amenities. The proposed project will co of attached townhouse condominium units that have patios surrounding each entry area to deline a entry to the unit. Through the use of different colors and materials the units will appear to ' ividual units and will break up the mass of the buildings. The project will meet the required Ian a setbacks of the Holly Seacliff Specific Plan. 5. The project is in compliance with the mitigation measures for Environmenta act Report No. 89-1. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16287: 1. The tentative tract map for a four unit townhouse subdivision received and dated January 8, 2002 shall be the approved layout. 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, 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 15 percent of the units (1 unit) shall be affordable to families of moderate- income level (less than 120% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. 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 Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 5 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. A reproducible mylar copy and a print of the recorded tract map shall be submitted to the Department of Public Works at the time of recordation. b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital-graphics file of said map to the County of Orange. c. Provide a digital-graphics file of said map to the City per the following design criteria: Design Specification: 1) Digital data shall be full size (1:1) and in compliance with the California coordinate system— STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy(up to fifteen significant digits). 3) Digital data shall have units in US FEET. 4) A separate drawing file shall be submitted for each individual sheet. 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but'shall not be limited to: Assessor's Tract Numbers (APN), street addresses and street names with suffix. File Format and Media Specification: 1) Shall be in compliance with the following file format: • AutoCAD (version 13 or later) drawing file: DWG 2) Shall be in compliance with the following media type: • CD Recordable (CD-R) 650 Megabytes d. All vehicular access rights to Clay Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. ATTACHMENT NO. 4•3 Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 6 (PW) e. A detailed soils analysis shall be prepared by a Licensed Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. (PW) f. All improvement securities (Faithful Performance, Labor & Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (PW) g. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) 4. The following conditions shall be completed prior to issuance of a grading permit: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. Final grades and elevations on the grading plan shall not vary by more than one (1) foot from the grades and elevations on the approved Tentative Map. The following public improvements shall be shown on the plan (PW): 1) Curb, gutter and sidewalk along the Clay Avenue frontage, per City Standard Plan No. 202 and 207. Sidewalk shall be adjacent to the curb. 2) Half-width street pavement along Clay Avenue. 3) Drive approach per Standard Plan 211. 4) Private sewer system on site and public sewer main extensions in Clay Street. 5) Fire hydrant along Clay Street, if required by the Fire Department, connected to the existing 8-inch Zone 2 Water main in Clay Street. 6) Domestic water service and master water meter per Water Division Standards. The domestic water service shall be a minimum of two-inches in size, and the water meter shall be sized to meet the requirements of the California Plumbing Code (CPC). The domestic water service shall be a minimum of two-inches in size. The irrigation water service may be combined with the domestic water service. The proposed development shall be served from the City's Zone 2 pressure system. Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 7 7) If the landscaping area exceeds 2500 square feet, a separate water service and meter is required for irrigation purposes. Sizing shall be per California Plumbing Code. 8) Separate backflow protection devices, per Water Division standards, are required for domestic and irrigation water services, regardless if the services are separate or combined. b. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. c. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and-Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/S.he will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact (Sudi Shoja (714) 536-5517) regarding grading and construction activities, and"1-800-CUTSM09" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. d. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. e. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. f. The applicant's grading/erosion control plan shall abide by the provisions of AQNM's Rule 403 as related to fugitive dust control. Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 8 g. Provide a Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification No. 431-92 for Fire Department approval. (FD) h. From the Division of Oil, Gas & Geothermal Resources (DOGGR), provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (714) 816-6847. (FD) i. From the DOGGR, provide proof of a Site Plan Review application. (FD) j. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422-Oil Well Abandonment Process. (FD) k. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) requires the applicant to first obtain an approved Orange County Environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the required Huntington Beach Fire Department Fire Code Permit Application to conduct Installation and/or removal operations. (FD) 1. Vapor extraction treatment areas may require conformance to City Specification#431-Gas Fired Appliances. (FD) m. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences)consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must*be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) ATTACHMENT NO. 46- Tentative Tract Map No. 16287 Conditional Use Permit No. 01-65 Page 9 c. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Discovery of additional contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) k. Construction equipment shall be maintained in peak operating condition to reduce emissions. 1. Use low sulfur (0.5%) fuel by weight for construction equipment. in. Truck idling shall be prohibited,for periods longer than 10 minutes. n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. o. Discontinue operation during second stage smog alerts. p. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. q. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- I Tentative Tract Map No. 16287 Conditional Use Permit No. 0 1-6 5 Page 10 Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 6. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 01-65: 1. The 'te plan, floor plans, and elevations received and dated January S, 2002 shall be the con tually approved layout with the following modifications: a. A gas out r barbecue amenity shall be provided in the common open space area at the rear of the pro y. b. The patio walls adjace to Clay Avenue shall be decorative in nature or shall be screened with planting in ial (min. 3 ft. high) in addition to the palms depicted on the conceptual landscape plan. wall and landscape plans shall be subject to review and approval by the Planning Directo . c. Parking lot striping detail shall comply ' Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administ 've Code. (Code Requirement) d. Depict all utility apparatus, such as but not limited ack flow devices and Edison transformers on the site plan. Utility meters shall be sc ned from view from public rights-of-way. Electric transformers in a required front or eet side yard shall be enclosed in subsurface vaults. Backflow prevention devices s be prohibited in the front yard setback and shall be screened from view. (Code Requireme e. Depict the location of all gas meters, water meters, electrical panels, air c ditioning units, mailboxes (as approved by the United States Postal Service), and similar ite n the site plan and elevations. If located on a building, they shall be architecturally design to the building to appear as part of the building. They shall be architecturally compatible the building and non-obtrusive, not interfere with sidewalk areas and comply with requ setbacks. h' ATTACHMENT 5 SHEET 1 ofN 2 ACCEPTED AND RFD AT THE ALL Of ACREAGE- ACRES TRACT NO. 16287 ° ` OF TRACT NO. 16257 LOT DATE DATE OF SURVEY: NOVEM R 2001 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE 754E FEE 1 STATE OF CALIFORNIA INSTRUMENT i BflNC A SUBDIVISION OF PRICEY I.AS SHOWN ON A YAP FILM IN ROOK ISa,PILE 30 BOOK PAGE OF PARCEL.MAPS.IN THE OFFHCE OF THE COUNTY RECORDER OF ORANGE COUNTY,CAJFORNN CARLENIE J.BLOOM INTERIM COUNTY CLERK-RECORDER WALDEN 3E ASSOCIATES By DAVID L. WALDEN, L.S. 3347 NOVEMBER 2001 OEPvn FOR COIDOMIMUM PURPOSES OWNERSHIP CERTIFICATE: SURVEYOR'S STATEMENT: IN THE A40fiBOED,BOND ALL PARTIES HAND ANY RECORD TIRE I PREPARATION INS UAP WAS PREPARE)NY ME OR UNDER MY DIRECTION AD IS BASED UPON A FOLD SURVEY N THE LAND COVERED BY i1L5 MIT.DO HEREBY CTHE DI TO THE P)FAMP LINE N CONFORMANCE WITH THE REOUIRIUEMS OF THE SUBO/YWON MAP AR AND IDCIt 0110lINiCF NO RECORDATION OF SAID IIR,P AT 910M1 111r)IN THE DISIBICTNE BOROLR uNL AT M IEOUGST OF PLC.UARO COMPANY ON WAEL6RR 2601. 1 ACT STATE CANT ALL WE RELEASE AND FJXIN U ISH To IHE CITY OF HNRN6TOH BEACH ALL VDICURAR WILL BE SET ARE OF THE CHARACTER AND OCCUPY THE POSITIONS IMDIDAIE0.OR THAT THEY ACCESS RONTS ro CLAY AVENUE EXCEPT AT LOCATIONS APPROVED BY THE ZONING 9J RRVEY TO BE IRTRACD)i l IE71fHYA oSTART IH=MTM%KWK�SuBSTAKIIALym CD4A&Lz THE ADMIN611ATCR. THE CCADRIpW1Y APPROVED TENTATIVE MAP. PLC,A CIUFORNN GOIOAL PARTNERSHIP.OWNER DAw L.WALDDI BM PUL'HIp.0145,A GM/OIAfA DD[RAL PNtTNERSIIP,(IS COE7TA.PARTNER LS3347 ' BY:PACIAW.NC..A CAL01010 A CORPORATION ITS GENERA.PARTNER CIPFARON DATE FAq Y'OLN1Y'c_I iTryEyOR•_C STATNJENT: Err. or. 1 IERE9Y STALE TINT 1 NAVE EXAMINED THE MAP AID HAVE TOLD TINT ALL MIPNNO NAME: NAAC PROVISIONS OF THE SUBOMSON MAP ACT HAVE BEEN O06PUED WITH AND I AM SAT6RTD TITLE IRIS: SAID It*6 IT CHNIC.LLY CODECT RCLATNE TO THE TTWCT MAP BOUNDARY. DATED THIS_DAY OF 2002. ITT:THE.H NTNGTON BEACH LLC,A DELAWARE tY1IED LIAAURY COMPANY,ITS GENERAL PARTNER BY:LDI AR LAD PARTNERS 1,A FLORIDA C4HOIAL PARTNERSHIP.ITS MNAdND IEIIBFA BY:LD~MEAD OF CALIFORNIA,NC.A CILLFORNR CORPOMIUK ITS ATTORNEY-IN-FACT JOHN CARS,COUNTY SURVEYOR Ls MOB EXPIRATION DATE 8-36-05 BY: BY: CITY ENCNEER'S STATEMENT, MAN: NAME Tmr- I MOIETY STATE THAT 1 ANVE EIIAYNEO THIS MAP AD HAVE FOUND IT TOBE WMAIM'LLY N MNAORMNME WITH THE TENTATIVE MAP,B REoUFEB.AS F11ED NM,AMENDED AID APPROVED BY THE CITY ZONING ADMINISTRATOR,THAT ALL PROVISIONS OF THE SUBDIVISION!MAP ACT AND CITY SUBCIVmW RER"YONS PAVE KEN COIPM WITH AND THE MAP 6 TECHNICALLY NOTARY ACKNOMMOM N7: CORRECT IN AL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR STATE OF CALIFORNIA SSCOUNTYor DATED THIS_DAY of .foot. ON BETORE ME. PERSONALLY APPEARED PERSONALLY KNOW" TO uE aN BASS SA ACTERY To THE P£NSO/ AROSE ROBERr F.BEARDSLEY NAE(S 6 AE SUBSCRIBED TO THE WHIN Oft AW m olEeroR OF PUBLIC Raab R.C.L NO.22673pPgATpN DATE 12/31/05 ME E9%-THE MEN 2 ALlRNIORI7ED CITY OF HUNTINOTW BEACH INC NO THE BY HS/IER aN it or mew ON PER AST)ACTS EXECUTED (S)DR TIE vintt UPON BENLAlR'a IMIICHI THE PERSON(!)ICIEB, rti EIECUIED 7NE 1H6TRUIEI(T. C FRK•C -MFl A STATE OF CALIFORNIA . WITNESS MY HAW. NRY PRINCIPAL PLACE OF BUSINESS 1) SS eolnm of ORANGE SDMARNIE IS N COUNTY. 1 HERCBY CERDFY TINT DO MAP IW PfIESD 0 FOR APPROVAL ro THE CITY CONCE OF NOTARY PUBLIC NAND FOR SAD STATE NNINOr011 BEACH AT A RSOAIR MEETING THEREOF NEED ON THE BAY OF MY COuYSSION MASS I=AND THAT TIERORON SAID COUNCIL DID.BY AN ORDER DULY (WARE PRINTED) PASSED 40 EREXBEAC APPR SAID MAP AW 00 ACCEPT ON BEHALF Of THE CITY 1. THE VD40UIM ACCESS RIGHTS TO CLAY AM"AS RELEASED AND REUMOUS ED. STATE OF CALIFORNIA ) AID DID ALSO APPROVE SUBJECT MAP PURSUANT To M PROVISIONS OF SECTION 66436(o)(3)(W )) ss OF THE SUBDIVISION MAP ACT. COUNTY or PPERSONA LY APPEARED ON Guam 1!: - DATED THIS DAY OF 200L PERSONALLY KNOWNTO me ON THE eksts or O Y MNIE(S b AE ADStlaBED ro WITEN m SAW CITY CEDac TK DEPUTY ME YHA /5H(/1/Ey EIECUTEB 11E SAYE MI IE NRIIORIIID L,�W,ICT gS)AD MCAT ENTITY t d OF S THE PERSON(S)ACTED. STY OF HUN INGTON BEACH EJf[CIREB III[1oa THE NT. TONING A^MINISTRATOR CFRTFlClTE WITNESS MYAND. MY PRNCIPAL PLACE Of BUSINESS 1,IaCIAII STRANGE EONRD AOMDUS ATOR OF THE CITY OF NRfDNCION BEAM.GLRbRNAV S1CNAIMK 00 HEREBY CERTIFY TVS I HAVE EXAMINED THIS MAP NO HAVE FOUR IT TO BE SUBSTANTIALLY NOTARY'PUBLIC M AND FOR BAD RATE S N COUNTY. CITY_ONINOTHE SAME /DIM�MT THE TIV MAP AS RED•AADIDCD AID APPROVED BY THE H NTNOTM BEACH YY COYYSSON ESPIES (WARE PPoMID) RDAATEDDC THIS F� DAY of ,200: 2ONNG AOVEaSTRAmR - StGNATLRE OMISSIONS: PUI6LUNT TO THE PROVISIONS or SECOON"436(R)(3)or THE SUBOABm MAP ACT, VOLINN TREASURER-TAX COLIMOR'S CERTIFMATE TIE FOLLOWING SGNAIURO HAVE BEEN OMMM 1.THE HNTNGTON BEACH ONFAR.HOLDEN OF AN ELSEMCWT TOIL IATN6 WWANNO AND RATE OF CLOCOM NE PURPOSES ) ) REPAIRING KMU MA FOR RRICArICH RPOSES AND FOR POLE LIES.A�94OWN AND RESERVVD )) SS ON THE TAP OF DOW=5I—.ADDITION TO H NTI GTON BEIOC RED M SOCK 7.PAGO 27 COUNTY OF ORANGE AND 28 OF MISCOlAWOS MAPS RECORDS Of DRAW COUkYY I RELENT C[RTIY ONT ACCCROID TO THE RECORDS Or MY OMCL IHIR ARE W LENS AAA#W THE LAND COY4ED BY THIS MAP OR ANY PAR TNQEOF FOR AD STATE, TAXES COUNTY, L THE HN Y TINGTON BEACH COMPANY.HOLDER of EASIDIEff TERMS.COr xwm CONDITIONS AID MUNICIPAL LSS A.OR LOCAL TAXES OR SPECIAL ASSbOS COLLECTED AS TAXES, OrAM MATTERS FOR WATER MOUE,RECOROEB MAY 6.ION AS RSTIRRER/r No. 10060734606 OR SPECIAL ASSESSMENTS COLLECTED AS TAGS MOT YET PAYABLE Ofr4Y4.RECODDS OF ORANGE COUNTY (CASESO?NANQT N MARURL NOT MATTABLE). - A�iBOXMSIM MAP ACT HAVE BEEN COMPILED REO TO THE RECORDER OF ORANBEM INFO D TO I t PAYMENT IMPROVEMENT C nt FRTIFlGTEI O'TAXCS OR SPECIAL ASSLSSWNn COLECTED AS TAB ON THE LAW COVERED BY THIS NO. RFSUANr m THE PROVW006 OF SECTION 66411.1 OF THE SUBDIVISION MAP ACT.NOTICE 6 HEREBY DNEN THAT ML REQUIRED 6PtD1EMENTS TALL BE CONSTRUCTED AT IHE TIME LOT IS OlY4CPm. DATED THIS_DAY OF ,2CO2 JOHI M.W.WOORLA04 BY: COUNTY TREASURER-TM- COLLECTOR DEPUTY TRFASIIEA-TNT COLLECTOR : '�ED AUG L�. � 0 2002 SHEET 2 OF 2 ALL OF TENTATfVE TRACT AC N01 16287 ACREAGE::0.270 278 ACRES LOT OF SURVEY: NOVEMBER 2001 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES DAVID L. WALDEN, L.S. 3347 NOVEMBER 2001 FOR CONDOMINIUM PURPOSES RF515 OF BEARINGSe ASE)A NT FG NO: STATION CPS NOVA1 AND HEREON ATION CPS NO.55ARE BASED ON 051 BEING NORTH 01'BEARING BETWEEN 01!5r VEST PS. E R RECORDDS FOR Q)INDICATES AN PURPOSES AND FOR POL IVIES,A4 SHOWN MAINS MAP ON FILE w THE OFFICE OF THE ORANGE croLNI1Y SURVEYOR. FLED ON BOOK 7 PAGES 27-28 OF MISCELLANEOUS WYOUS MAPS.RECORDS OF ORANGE COUNTY. OATLM �7A7711EM: COORDINATES W OMN ARE BASED ON THE CALIFORNIA CO MATE SYSI�t(CC583).ZONE VI, N R' NOTES: tB93 W.(toO1.35 EPOCH OCS CPS AO�USTYCNt). A4 dSCANCES 90N71 AAE GRO1AD UNLESS OTIERWRE NOTED. TO OBOw Cleo D6fANCE Wl Y GROLRID OSTANCE BY 0.09007530. { I RECORD AND MEASURED BF/A0N0 AND OtSfN10E PER PNICf7.WP N0.2000-207, P.M.B.323/35-37.u6E55 OTLRMSE NOTED. AEONLIMFM NOTES' 2•D A APE WTN TAG STAMPED-LS.3347*OR SPODE AND WASHER STAMPED 'LS.3347'OR ) ) RECORD AND MEASURED NOT BEARING AND DISTANCE PER P.Y.B. 134/38, lFlLl ARO TAG STAMPED-LS.334r To BE SET ALL aoumm Y ooRmER4 WITHIN OO OAK UNLESS OTHERWISE NOTED' AFTER ACCEPTANCE OF IMPROVEMENTS. < > RIX*RO AND MEASURED DISTANCE PER TR 12027.Y.Y.5211/1-4. •INDICATES FOUND MONUMENT AS NOTED OR REFERENCED HEREOIL• UNLESS OTHERWISE NOS. ❑j FOUND PUNCHED SPODE 61 MASHER SOYPED-R.CE.10407.FLUSH. STATION 15 LOCATED IN TURN LANE 100 FT! EASTERLT fRCLI IINIEI6CCDON OF LADE BTHF1T AND YORKTOWN AVE LIE. �CPS SfA SW3B)PEA O.C.S.MONUMENT RECORD NO.6038.RECORDS ON FOE w THE s1a a SHE ORRICE COUNTY fURLEYOR. p FOUND PUNCHED J p5K IN CONCRETE STAMPED'NB OTY SURVEYORS.DOWN 0.00 FT. W IYEIL YONUYENF.(n STA. SOyt PEA CORNER RECORD NO,2001-1281,RECORDS ON FILE IN OFFICE OF THE COUNTY SURVEYOR. ® FOUND 1'IP.WITH PLASTIC PLUG-I-S.466T.DOWN 0.1'.NO REFERENCE;OFF CE TERNE KIERSECTON OF CLAY AVENUE AND HOLLY STREET N 8IF42'Ir W.0.321.PER TRACT NO.16282. U.M.- /--. 7�T Qj FOUND SPODE k WASHER STAMPED-R.C.E.I940T PER TR 12027 Y.Y.520/1-4. ACCEPTED AS 1�L WESTERLY 40•RIGHT OF WAY LINE OF SOUTHERN PACIFIC RAIURML. ❑5 FOUND r I.P.AND TAC.NO NWNER,w WEIR.YOMBAENT OOWN IJ Fi..PER PARCEL LIMP NO.2000-207. `O P.Y.B.325/35-37.ACCEPTED AS CENEBAE INTERSECTION Di GANIEID AVENUE AND HOLLY STREET. ®OFOUND SPIM F SOUTHERNpAWASEA RMUAAMMOOD ONFD�NO REFERENCE. ACCEPTED AS CEN E TFRU p SET SPINE!WASHER STAMPED'LS.3347*PER TRACT NO.15280.Y.M.�/ Ors.STA NO.D71G! 0y 52 Ih2M7' y C-CQ700Z2O32 2 G — IN Now H cwuc• [N xaNv IFHiO2I.7 _ a7736• 577,16' — — GAR FlELD ANEMIA f 62ee•[62m•3 ,I I I I> • Im' 4m' 18N c .�°OO• N 6TN2T72'■ 260L' [N sIF40W IF 26D14'3 raw MR" N I L N"1211'W fWar3 tNW41W IFS Faun ' A NawF10 b; I 2fAtpMo ROD la I 1 LOT 1 $ O• 40m• Lom' mm•6� all MAMM I I roux I ram J ramNDDN6 NODOG� I �I U MINING Ny16'f My2P 3 N 674177'IF r L31m'3[N 6TQW I I /N I N 6HN21r 260L' f X 6SN06'I l60ES'1 ) >- ALL 14OR2A7 ACCESS NOTE TO CUT AYEtE I I C I3 =f"AT LCCArI M A"W"6Y 0(21OW6 3 A T01K5�AW mar OKAtKM Aa AVEausm A I+ 3103r `� car AVE?" [3DL5'1 L 4- WOW - ■ W1e• 1 5om• <mm•3 3 9 N 6S421r IF tR43S' [N 6NQDc I ti603O'3 (SSO3T"I FND300/47-I6 R I� N•2191StSD37 C-O0300647y7 1 ATTACHMENT 6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FL ,, A cAL-(Fuze uA 6",F— AL rR l 1F(z5ff FOR TRACT NO. l lv2 THIS AGREEMENT ("Agreement") is entered into this 16th day of September 2002 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �PL�G a California �, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. l &Zb-7 ; 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 peri6d 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-I8-01/4/25/02 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth,the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2) years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/4/25/02 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1)year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-01W25/02 3 • 1 • 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 r✓'G�► b� 1 Dollars ($-7Zt C0O-X ), which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. y/Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/4/25/02 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For _Labor and Material: Security in the amount of Dollars ($ ?61 0W d), which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/4/25/02 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 10-18-01/4n5/02 6 Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/forms/subdiv 10-18-01/4/25/02 7 12. NONPERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited to: engineering, inspection, surveys, contract, overhead, etc.)immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by CITY and its forces, including contractors, in the event CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for the Subdivision. 14. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight courier or U. S. certified mail-return receipt requested: agree/forms/subdiv 10-18-01/4/25/02 8 TO CITY: TO SUBDIVIDER: / City of Huntington Beach ��i Q C�f(l�i'alIQ &W(21'l �i1Ki�(� ATTN: Director of Public Works CD�� � 2000 Main Street Huntington Beach, CA 92648 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/forms/subdiv 10-18-01/4/25/02 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/4/25/02 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES Except as expressly set forth in Section 10 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that. no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agree/forms/subdiv 10-18-01/4/25/02 11 agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Mayor ATTEST: print name ITS: (circle one)Chairman/President/Vice President AND City Clerk By: APPROVED AS TO FORM: print name / ITS: (circle one)Secretary/Chief Financial Officer/Asst. llyl6 ), City Attorney Secretary—Treasurer v/ WATEAND APPRO D: REVIEWED AND APPROVED: blrc. Works City Adiiiiinistrator agree/forms/subdiv 10-18-01/4/25/02 12 PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its genera artner By: Name: Title: ,By: Name: '<<'T�� � Eal(�(1l Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES OF CAL RNIA,INC.,a California corporation, its Attorney-' act By: /� 1 Name: MCI1.0 Title: r :BY Name: A �h�ua _ Title: 5 t.S`+n 6/21/2002 46/04/2002 09:99 1=A1I 419 249 011� METRO/RISK SAN 1:WCt9CO �OOZ AQQ-RDy CERTIFICATE OF LIA131LI TY INSURANCE GAT9UNM/J1Offffn PAotsueea LIrl pa\ 1 TH S CERTIFICATE 1S ISSUED AS A MATTER OF INFOtRMATION / ��lrlc• VAX F�),' OILY AND CONFERS ND MOWS UPON THE CGHTIFICATE HOLDER. THIS Ct: ""CAT'E DOES NOT AMEND t'.XTENb OR 750 Battery Street, Site 590 TL I�,b� ALTER THE COVERADE AFFORpsv HY THE PO LfCI_a BELOW. SanPrancisco,CA 94111 INSURERS AFFORDING COVERAGE NAIL _ M7YMD INGURVA: VaLUton OTICe Co. 35378 PLC Land Company musm: 1,=barmWs Mutu Casu CD.- 22977 19 Corporate Plaza I1401LIMAC: Newport Beach,CA 92660 INSUAEt10: . I I INSU BR COYERAt3$5 • THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSU40 TO THe INSURED NAMED AEOVE FOR THE POLICY PEAIOD INDICATED,NOTYWITHSTANDINe ANY RMU1REMENT,TERM OR Ct?I VITION OF ANY CONTRACT OR OTHEII DOCUMENT WITH RESPECT TO WHICH THIS CBATIFICATE MAY 9I=ISSUAD OR MAY PA-ATAIN.THE INSURANCE AFFORDED vY THE POUCH,$000RISEO HEREIN 16 SUVACT TO At.LTHE TVRMS,EXCUISIONS AND CONDITIONS OF S4C14 POLICIES.AGUREGATE UMITS SHOWN MAY HAVb DEP-N REDUCED BY PAID CLAIMS. _ Im PGLILwIaUslp6q. T v P D uM,a GEIIEMILAMUTY EACNOCCUAACNCL? I A 02GLPI005795 01/01/01 01/0i/03 CLQmv MOP &]O"Cula COmmerclal MEDEP k enA O"m I Exclude Y_ General Liability 01ASORkapava my a�bPALAoaaeaaT+: s 0t10,.•-r OEN'LAGGAWAT6UAUTAPPL11"FEN PRODU911•COMP/015A00 9UDa OII nOUC ap0. 71Lor Ctl AUTONOFbL6 LIAmILRT COMBINED SINGLE Wert ANtAUIV IEABCCklb�h S ALL DINNED AUTOS ��; eO011,Y IWURY .--_• SCHEOULSOA003 gpP$O D of TO F Attorne'Y 2110 moN a H02DAVTo9 GAIL HUTTOZi, Ci ttorne BODILYIN.IIIRY I 14OHLYW144AMO ; Depunt'y City�I /J (ForeoeroenU AU INARAGSuA 1LttY TO ONLY-CA ACCIDENT I ANY AUTO o 1 otnRA TNAN EA ACc I _ J AMONLY: AGO I C1[6E961UM®t4CL4At1A91UTT GACI+CY;CURw9NOE I OGCUA VIAIMe MAD I AOOR60ATt P •~ 6 DCDUttiBl� _ _. BeoaudRsDOM/CNullamAND ° _ CMPLOYSAS'UArturT ANYPq'All "Lw" AldAaMCAlCtI",rYt 6L6ACNAG01blxt 6 1_tT(1t1_flCy $ °rree`D��Pm''�1M°�"Ofa `EDP 3BA086398-00 04/26/02 04/16/03 W.VISEAM•GAEMP.9YQP a 11000 Ortl SRGCIu`4vIi9� beivw LLDIsweB•PouoYLnmT I L1 oTNOA D6S�tIATtON OP tlpCllATtpN9/LOCATIOH>oI YiH1CLCS/p1<CLUSION6 AODBb DY RD►DOg9BhIfiNT I l'apECIAL PpC V18fON9i See attached additional insured endorsement C5A1XACATE HoLveR CANCELLATION _. City of HuntingtDA Beach SHOULD ANY ONTIIRA00Y5DUCAIAWPOwmapseCANCCLLADvMAaYNtwiprtiom Attn: Sarah DATE TNBRHOP.Tk1I ISbwMO U1.YR14 YAL WtAtL—IQ-OATI WAA16N Main Street NOVIDE TO W19 eI NTICICATA 4060"NAMED TO"M u99t,BWX Huntington Beach,CA 9264E ��ti9L�l 'i�11 � V 1>!t> m"Jps!ts mm Fax: 714 374-1590 A{fiHORIZEO AEPRKB6NYATVS ACOR026(2001/08) ernnna"nnnnnervt►� oeo Eod V88'DN LSSSbL�btiLZ6 F VTET GEL 6r6 2 tT 200E/sE/60 00/04/2002 00:09 PAX W 240 01 METRO/RISK SAN FRANCISCO + • 0000 Additional insured - Owners, lessees or Contractors Form 19 CJTJ CCU 201011 .85 , y2A.6o Policy Amendment General Liability Insured Polley Plumber PLC, a Calffornia General Partnership Evanston Insurance Co. 19 Corporate Plaza 02GLPIOU5795 Newport geac!14 CA 92660 Producer Effective Date METRO/RISK,Inc. 01/M/02 to M/01/03 730 Battery Street,Suite 550 San Pranci=o,CA 94111 Schedule Name of person or Orgenlzetlon City of Huntington Beach,its agents,otficem and employees 2000 Main Street Huntington Beach,CA 92648 (If no entry appaars above,information required to complete this Endorsement will be shown'In the Declarations as applicable to this t3ndors®ment,) Wha 13 an Insured (Section 11) Is amended to Include aS en 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. AFFROV'ED AS TO FORM*Attorney GAIL fiUTTOtt, City. :By: Deputy City At 17,e�r Brian Marx Vice President 206 t788'ON 2,SStib2,2bl2,T6 F VTET 6ZL Gt%6 2Z:t7T EOW/Gzi60 BOND NO.B342 PREMIUM y2o.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,Stale of California,and PLC a California General:Partnership (hereinafter designated as'principal*)have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated and identified as project Tract 16287 is hereby referred to and made a part hereof;and WHEREAS,said principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and Gulf Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal sum of Seventy Two Thousand Dollars and 00/100 dollars($ 72,000.00 ) 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,lobe kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City',its officers,agents and employees,as therein stipulated,(lien this obligation shall become null and void;otherwise it shall be and remain in full force.and effect. As a part of the obligation secured hereby and In addition to the face amount specified therefor,there shall be Included costs and reasonable expenses and fees,including reasonable allorney's fees incurred by'City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. l The surely 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 titis 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 July 24 2002 PI-P.A.-California General Partnership as Principal r By �',e�G yl4V1a1UlQ� By Gulf Insurance Company ...2S Surety By 1�1t Victoria M.Campbell Att ney-in-Fact By APPR09FD AS TO Forts Surety Phone No. 800-708-0589 GAIL IIUTTON. city Attorow. By: Deputy City A-ttoril-y 2` STATE OF California SS. COUNTY OF Orange On JUL 2 4 K"2 , before me, Janina.Monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed JANINA MONROE the instrument. COmmiasionil l 485 z z Notary Public-California WITNESS m hand and official seal. Orange County IMy Carom.Enfts,�25 20W Signature This area for Official Notarial Seal U OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S),^,P ENTMQIES) SIGNER(S)OTHER THAN NAMED ABOVE co-oat rev.6/94 ALL—PURPOSE ACKNOWLEDGEMENT PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO,INC.,a California corporation, its general By Name: LY�N(/ NON Title: V � (Vl'�s�►t By: Name: Title: Gf�`r' By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES OF CA FORNIA,INC.,a California corporation, its Attorney-i act By: n ..�►. Name: �� Title: r• By: Name: Title: Q.SSih�L rr�c. STATE OF 6)-� ) ) SS COUNTY OF 044,�--) O BEFORE ME, Roberta M. Kern A NOTAR PUBLIC IN AND FOR-SAID STATE,PERSONALLY APPEARED Daniel O'Bannon AND Christopher C.Gibbs PERSONALLY KNOWN TO ME(GRfROVEDi"E-6N-TH B ) 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 I ���� �Y� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY Roberta M. Kern (NAME PRINTED) MY COMMISSION EXPIRES Ne— 6.aonf ROBERTA M.KERN �- COMM.N 1263372 Notary Public-Callforniam Orange County U) M Comm.Expires -+ DJCEMBER 6.2004 STATE OF CaI"Grnia-) ) SS COUNTY OF ON I arba .BEFORE ME, _�a.�,r A NOTARY ��PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED �rc Chas YYyA AND--A 11 u PERSONALLY KNOWN TO ME(OR-PRMEI7T07I(ECiV HE-BA8IS- AT`l9f keTeRY-EV1GENCE) 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„ q1U.� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN r COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 4-I -0 0075 ` DEI!BAM Ca m dono wgi7 Notary PWafk--ColBarnfa BOND NO.a34,22456 Premium Included In Performance Bond LABOR AND MATERIAL BOND 5'0 FOR::; ., Attorney WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC a California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated and identified as project Tract 16287 is hereby referred to and made a part hereof,aril 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 Thirty Six Thousand Dollars and 00/100 dollars($36.000.00 ),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Actwith respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount 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 1 8090 affect its obligation on this bond,and it whereby waive notice of any such change,extension,011on or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on July 24 2002 PLC a California General Partnership as Principal By: C.� ,C�� By, Gulf Insurance Company as Surety By: Victoria M.Campbell Attomey-in- act By: Surety Phone No. 800-708-0589 STATE OF , SS COUNTY OF 6 � ON BEFORE ME, Roberta IIA Kgro A NOT AY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Daniel OBannon AND Christopher C.Gibbs PERSONALLY KNOWN TO ME F SATISFAETORY-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. WITNE MY H D SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY Roberta M. Kern (NAME PRINTED) MY COMMISSION EXPIRES -• �•�°°y ROBERTA M.KERN STATE OFG !morn i a) COMM.#1283372 N Notary Public-CalilorniaE SS Orange County COUNTY OF �✓ �� ) N My YCEMBER 6P200a ON AgtuL a. Zoos ,BEFORE ME, f3m rJaQ.e.r A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED YY�a�,CA&c,YY n AND JC(1--YA uM., PERSONALLY KNOWN TO ME( FSATISFAGMRY•EViDENGE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY H ND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN jrad4f. COUNTY (NAME PRINTED) MY COMMISSION EXPIRES- 1 -0 eoso.ol �eAKsi; Cammtalon A i?ST717 2 rar«rPubac—coltronra � so 9 omnge County My Comm.t�6etApr 19.20W PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO, INC.;a California corporation, its general partner By: Name: -PW d�� Title: y«t fr1 — r+ ?' -- Name: Title: T 7 By: TIL HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS I1, a Florida general partnership, its managing member By: LENNAR HOMES OF CAL RNIA,INC.;a California corporation, its Attorney-in ct By: Name: Title: ` By: , Gliyr Name: h ll o Lin Title: Cv-�e� STATE OF California SS. COUNTY OF Orange On JUI 2 4 202 - before me, Janina.Monroe, Notary Public PERSONALLY APPEARED Victoria M. bell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ JANINAiiii, their signatures) on the instrument the.person(s), or the ONRO Commisaionf Ea2g448W51 entity upon behalf of which the person(s) acted, executed Notary Public-California z the instrument. �ranpe County tilt Comm.E>�irea Jun Z5,Z006 r WITNESS hand and official seal. Signature �� This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT .❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUAROIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-091 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation.duly organized under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas, pursuant to the follov.ing resolution, adopted by the Finance_ & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: , "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as mly be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does.hereby make,constitute and appoint TOM MCCALL VICTORIA M. CAMPBELL JANINA MONROE its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of.suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. k\C,S��yCECo�A GULF INSURANCE COMPANY �J� ��p,PORglF SEAL P STATE OF NEW YORK SS ��Ect � ter COUNTY OF NEW YORK Lawrence i Presid Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say:_ that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. n Y ANGIE ZO STATE OF NEW YORK } SS 7 0UB���'�0� Notary Public,State of Ne wYork COUNTY OF NEW YORK J Op Nt No.01MA6019988 Qualified in Kings County Commission Expires February 16,2003 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SUFANCEated the UI1U1 2 4 V day of ,20 Signed and Sealed at the City of New York. ��� COD.L�A cJ� pOpPORgTF SEAL l George Biancardi Senior Vice President r i BOND NO.B34224565 PREMIUM$100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC a California General Partnership as Subdivider of Tract No. 16287 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC a California General Partnership , (Subdivider) as principal,and Gulf Insurance Company , as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of $ 700.00 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 Stale of California. IN WITNESS WHEREOF,we have executed this instrument this 24 day of July 2002 PLC a California/General Partnership as Principal . By: APPP,OTI•D AS TO FORti: Gti1L HU TON, City By: By:Fly: Deputy City bttturu,;,, Gulf Insurance Company as Surety By: Victoria M.Campbell ttomcy-in-Fact By: 9092.01 PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO, INC.,a California corporation, its general partner` By: Name: y6t,C)1�: li ytA Title: By: ��/y Name: ClR-{?*?W7 Title: La � By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES OF CALIF RNIA, INC.,a California corporation, its Attorney-in ct By: Name: / ' 1a-r2r ���t`� ►. Title: V le. By: G%C �IiL. Name: ^^� I`a, ►L"- Q uLiai IN Title: STATE OF California SS. COUNTY OF Orange On JUL 2 4 2012 , before me, Janina.Monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell personally known to me (or proved to me on the basis of , satisfactory evidence) to be the person(s) whose name(s) . is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed ,IANINAMONROE the instrument. Commission#1362485 Notary Public-California nty WITNESS my hand and official seal. Z CpnmExoms Jun 25,2008 I Signature This area for Ofcial Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSCN(S)OR ENnre(IES) SIGNER(S)OTHER THAN NAMED ABOVE 10-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF aJ frr ) ) SS COUNTY OF ON BEFORE ME, Roberta M. Kem. , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Daniel Mannon AND Christopher C.Gibbs 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 C� SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Roberta M. Kem (NAME PRINTED) MY COMMISSION EXPIRES 4?�.: 6 .�•1� . ;;,. ROBERTA M.KERN r - COMM.N 1283372 r. N. y PubllaCallforniag N. Orange County CommR E6xn MMir0es Jy p2 & =+ STATE OF CaIlfarriaa } SS COUNTY OF ONu�xlisf a�,BEFORE ME, Det_P�a A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED -------- -AND M1 Z) ©tlzm, , PERSONALLY KNOWN TO ME OF-J*M3ft= #OENGE) 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 1 SIGNATURE - l/ dA /k ge _ MY P INCIPA.L PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES W-19-OL} DE9 BAKER Commlalon A 125"17 Notary Pubitc Califcmla _ .; Chnnga Courtry My Comm.6q�ves Apr 19,2CQd 9092.01 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas, pursuant to the following resolution,adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver . or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint TOM MCCALL VICTORIA M. CAMPBELL JANINA MONROE its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �\,,SURANCECO,A GULF INSURANCE COMPANY oFtq yZ < SEAL P STATE OF NEW YORK SS . °°Nr+E���� COUNTY OF NEW YORK Lawrence P.N initer Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen,State of New Jersey;that he is the Executive.Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. rn 7 ,p G ANGIE MAHABIR-BEGAZO STATE OF NEW YORK SS UB.X �0 Notary Public,State of New York COUNTY OF NEW YORK J OP Nt No.OIMA6019988 Qualified in Kings County Commission Expires February 16,2003 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Dated the it "'""? Signed and Sealed.at the City of New York. �\�gURhNCFCO2i ,��, 2 day of ,20 v A cJ c,�PPO�lc° Yy SEAL °°'i:•rfc,��$ George Biancardi Senior Vice President ATTACHMENT 7 C I z C. - FAX TRANSMITTAL Dater From: gill Holman To:,kf Telephone: (949) 729-1217 Company: f� /� Fax: (949) 729-1214 Fax: � f�'Z✓7���.7 Finall: bholman@plcland.com Subject: Pages: (including cover sheet) P!C lend Company 15 Corporate Pleas Drive GUM OM Telephone Newport Beach,California 92660 841I.M 12101p lmlle T00 t7ee'QN LSSTVL2VTLT6 VIES GEL 6V6 SE:VT E00EiSEi60 -09/04/2002 09:58 PAX 415 249 01.0 MRTRO/RISK SAN FWCISCO 1�001 METRO/RISK, Inc. 750 Battery Street, Suite 550 • San Francisco • CA • 94111 Tel: (415) 249-0111 Fax,. (415) 249-0112 CDN ,t RNVIULr1 Y NOTI The infoa=Ran cankalned herein to Wooded for the exclusive use of the person ce persona to who eddtosPct�. aad is conaidoted t ordidemdal by the vender. Ala term"confidential"includes,without Umitation,trade veeats,lntalLictual ptoprrty,and Act p=a�prie+aey is atmsdan. Nothldg hesdri It intended to constitute a waiver of the earlidetttljktiky of ail$eommurltatlon. If you ere nut named ye the ad csoee below,hot An you tho employet or agent of the addressee,you are hatvby noUU#d that any duplication or distsibatfoit of thio eorrnnurlcatioh iv tlttauthorixed if tide ewtununiention has beeh tecolved by you.1n etrot,#loose notify out office by telephone immediately. We will attange for rehteoal of this cottlaunieadon at no coat to You. Please call (415) W-0111 If you experience arty tratiamindart probJema. Date- 5/23/02 Tv: Sarah Fax Number. 714 374-1590 From: Susan Heil Total 0 of pages ind. covet: 2 Subject Certificate Of Insurance Insured: PLC Land Company Following please find a coppyy of the Certificate of Tlnsurtttice you requested. We will mail the original today. Should you have an qi estlorts regarding this CeAificate,please feel free to contact our office. ZYhank you. Melissa Sheppard 949 729-1214 FAX • FAX + FAX • FAX • FAX • FAX • FAX • FAX • FAX • FAX • FAX boa b88'ON LSSZbL£btiLZ6 F btiZZ GEL 6t76 £Z:bI Z00EISZ160 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16287 PLC one lot subdivision COUNCIL MEETING DATE: September 16, 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) Si ned in full by the City Attome 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 REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk :EXPLANATION FOR RETURN OF.ITEM Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:RS:kjl I