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HomeMy WebLinkAboutFinal Tract Map 16289 of Tentative Tract Map 16289 - PLC Com f RECEIVED BY; '• CITY CLERK RECEIPT COPY Return DUPLICATE to /G City Clerk's Office (Name) after signing/dating (Date) 6�� !S � 0 �/ ✓. .-.CIT,Y OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: Z.2,X DATE: T — 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. r Re: Tract No. p CC No, MSC No. Approved Q Agenda Item No. � (Coun it App. val Date) City Clerk Vault No. 40L .60 #27 g:/followup/bondletter.doc ATTACHMENT # 1 ERNEST A VE. w � w Q Lu GARFIELD C AVENUE ce- Cn CnLIJ � J � O � SUMMIT = z CLAY AVE. _ z o TRACT 16289 0 c� YORK TO WN AVE. oca ion Map ATTAC H M E N T #2 BOND HQ B34224 55—M erf bond GUARANTEE AND WARRANTY BOND WHE", PLC,,. a California General Partnership a a P**4 aid Gulf Insurance nmRaD; e oorporatlon wgm*zd wWsrffw hm d the Stile d Connecticut and duly auttated b do kWrom in the Stew of Cdkff e,as tl".are held and**bMM urdo to City of Harr6n4on @ead6 Ca kmie.as Obia",into penal on of Eight Thousand and_NQ/100ths ---------------------------- .repesem 10 percent d tfe contract price enberrd bdo baiwear tre Priridpal and Obiioee,to Mtltidr p�n+errtwd and trdy bo be made Mre do tthd oriselve3.wW each d our helie,etiaor M.edmnisbabrs,M=M=end assiprs J&*and eer�ew�y. WHEREAS.ttw said pfficip d entered Into a contr d Wh saki Ogee,dakd mber �d kv work des>7rbed as t bM Tract 16289 WFIEMS,said aonkad provides that Bra Prindpal VA f fifth a bond aorditiarW 10 guamble and wwrrnt for ft period of aye year after oonrptedan of d a wak end I 4iered by dw Obliges,agaiett d dett &In MtoriarrarW*and ffMftd*&ft said cee yw period WH8W.& ,said worir fm Meer►=pkbd,and aooepW by Obiigae an NOW.1}MW;OAL the Pd Wo W end Surely,imntty and aeM*steal indwrudfy the Obligee Ibrd I=Mdt o OM4M may ar SI*by reaace of anyd**A tneterrale er workman"* which bow=apparent dW%the period of yw*=and dWd&of com*ft of work and aooeplanee ihaeof by Obk". in wflness.WwW.ttls krshunerd has been duty eAvAld by the Pied and wadi► above rraeted.on MAY 6, 2004 ,{� PLC, a California General Part rs ip j� By C..� �AtJ�F.iy- APPROVED AS TO FORM JE N R Md31 ATH,CAyy Atton ay tyc=y l -Gulf Insu ance Company Si�y By - T.E: HARCUM ATTORENY-IN-FACT By , STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON 130 2D01_effoRE M. I 1 a Cj L. Lie y►�m i , A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED OV I's iD phe►- G GI bbs ALro rh►el b'Po�.h H1oh PERSONALLY IMM TO ME(OR PROVED TO NE ON THE BASIS OF SATISFACTORY EVIDENCE) TO.8EMPIR3RO14 WHOSE NAMES ART;SUBSCROED TO THE WTHW INSTRUMENT AND AOC40I JWAS TO MS THAT THEY EIEMM THE SANE N THEIR AUT}IORIW CAPACITIES. AND THAT BY THM SIGNATUIM ON THE INST>iU1ANT THE PERSONS,OR THE ENTRY UPON BEHW.F OF WHICH THE PERSONS ACT®,EMM THE NSMMEHT. WITLESS MY HAND ` . n SIGNA MY PRINCIPAL PLACE OF BUStE88 IS NOTARY PUBLIC IN AND n ya n COUNTY Lj (NAME PRINTED) MY COMMISSION WPM 3 ZOO I 91 TRACY L.GM ALL STATE OF CAL.IFORNIA j akuy elon cwom1 ) SS Notary PubMc-Cdtort� COUNTY OF ORANGE ) � �N a. ON BEFORE ME, - A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY(MOWN To 1AE;(OR'PROM TO LE C!THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE' NAPES ARE SUBSUMED TO THE WITHIN INSTRUMENT AND ACKNOWUW-AS TO ME THAT TIW BECUTEQ THE SAM N THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE WS TiWtrENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTR MM WITNESS MY HAND SIGNAIURF MY PRINCIPAL PLACE OF BUSINESS E NOTARY PUBLIC IN AND FOR SAID STATE N COUNTY (NAUS PRINTED). w co►IMISs"H wms 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 name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. F. GRIFFIN COMM. #1309C>>7 H �.� NOTARYPUBUC-CALIFORNIA V SAN DIEGO COUNTY My Commission Expires JUNE 15,2005 Signature jzl& ****************************************************************************** (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) FO Recording requested by, I Recorded in Official Records, Orange County and when recorded return to: Tom Daly, Clerk-Recorder Joan L.Flynn,City Clerk j !IIIIIIIillliillllll!11111111111161111111111111111111111111111111111111111 NO FEE Office of the city clerk 200400069826411:57am 08/02/04 CITY OF HUNTINGTON BEACH 115 51 A04 1 P.O.Box 190—2000 Main Street Huntington Beach,Ca. 92648 0.00_ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 _ _ (Space above this line for Recorder's use only) L(� 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. 16289. 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 sn4 y 02.9. 2040s/ JOsAON L FLYNN li City Clerk and Ex-officio Cler o the City Council Of the City of Huntington Beach, California By Deputy CITY OF TINGT BEACH 1 by: City Engineer Thb doaxnent is soNy for the of kAW buehwa of the City of Hwtk90 Beech.as contemplated WXlW Q�xnent Code 8eo.W 03 and should,b!_recorded free of charge.- • • City, of Huntington Beach P O Box 711 CALIFORNIA 92648 * WE.. TELEPHONE 714 536.5200 FAx 714 374.1603 ti- SHARI L. FREIDENRICH - CITY TREASURER a CERTIFIED MAIL July 20, 2004 Gulf Insurance Company One State Street Plaza, 9`h 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# 16289 Faithful Performance and Labor&Material Bond No. B34224555 Monument Bond No. B34224557 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. Sincerel*L. r Sl 7ch, PA, CCMT�CPFA City Treasurer Enclosures cc: PLC 19 Corporate Plaza Newport Beach, CA 92660 Terri 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 Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. r A Approved Agenda Item No. (Courkil Approval D te) City Clerk Vault No. . #27 gJfollowup/bondletter doc CITY OF HUNTINGTON BEACH 0 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 30, 2004 County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 ATTN: 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. oan L. ynn City Clerk Enclosures _ Tract 15603(Shea Vickers), 16287(PLC Land), 16288(PLC Land), 16289(PLC Land) g:/followup/tract/acceptpublicim p-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. 16289---[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-7. (City Council) Approved the Release of Securities for Tract No. 16289 Located n/e Corner of Clay Avenue and Main Street at 7303-7371 Clay Avenue (Holly- .Seacliff Specific Plan) Approved the Notice of Acceptance of Public Improvements (Developer, PLC Land Company, a California General Partnership) (420.60)—1. Accepted the improvements constructed and dedicated for public use with Tract No. 16289; and 2.Accepted Guarantee and Warranty Bond No. B34224555-M;.the security furnished for guarantee and warranty of improvements, and instruct the City Clerk.to file the bond with the City Treasurer; and 3. Released the Faithful Performance/Labor and Material Bond No. B34224555; and Monument Bond No. B34224557 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. . Sincerely, Joan L. Flynn City Clerk cc: City Treasurer JF: pe Attachment g:/followup/tract/acceptpubl icim p-notice.doc procedure#22 (Telephone:714-536-5227) Council/Agency Meeting Held: :7 — w Deferred/Continued to: YApproved ❑ Conditionally Approved ❑ Denied Cit I rk'slgnatur�/- Council Meeting Date: July 6, 2004 Departmen Number: Va,4-0 5 8 CITY OF HUNTINGTON BEACH z N C_4 r . REQUEST FOR ACTION W SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER z n SUBMITTED BY: PENELOPE CULBRETH-GRAFT, Q11 11 y Administrator PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Approve the Release of Securities for Tract No. 16289 and Accept the Public Improvements Fstatement 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. 16289, located at the northeast corner of Clay Avenue and Main Street, has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 16289; 2. Accept Guarantee and Warranty Bond No. B34224555-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. B34224555 and Monument Bond No. B34224557 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 04-058 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. 16289 and accepted bonds from PLC Land Company, 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: 7303-7371 Clay Avenue (northeast corner of Clay Avenue and Main 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: 0.568 acres/ 24,729 sq.ft. (gross) No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 7 (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\04-058 July 6 Bogart(Tr 16289 Bond Release).doc -2- 6/18/2004 10:19 AM • REQUEST FOR ACTION • MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PW 04-058 Attachment(s): City Clerk's Page NumberNo. Description 1 Location Map 2 Guarantee and Warranty Bond No. B34224555-M 3 Acceptance of Public Improvements Form RCA Author: Bogart G:\R C A\2004\04-058 July 6 Bogart(Tr 16289 Bond Release).doc -3- 6/18/2004 10:19 AM 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 d�;;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 b; �,e 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 t.a Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as rya.,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'dice 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 authonv, 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 Vic:Fresident,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 po,vers 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 anu. cuments 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,with full power and authority hereby conferred in its r:a ia. 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 sign-i 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. �\�SURANCf CO't/o GULF INSURANCE COMPANY �J O�PP0 SEAL P STATE OF NEW YORK SS �0 EC't��J~ Lawrence P.Miniter COUNTY OF NEW YORK Executive vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to the 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. En Y � A G ANGIE NIAHABIR-BEGAZO STATE OF NEW YORK SS . UB.N �o Notary Public,State of New York COUNTY OF NEW YORK J OF Nt No.01 MA6019938 Qualified in Kings Count% 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 6TH MAY 04 Signed and Sealed at the City of New York. �\aSUFIANCECClk3 day of 2p v GAP �rF SEAL n�'yNECj\GJ� George Biancardi Senior vice President ATTACHMENT #3 ' Me CITY OF HUNTINGTON BEACH tAa INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH TO: Jennifer McGrath, City Attorney s J" 13 2004 FROM: Joan L. Flynn, City Clerk � .4tie t opnunn &YAttomov,p a �' 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 approved for 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: p f e.,4 0 p✓L4 �-�4 f n i^c- i I 64+ -41%m j i1 By: City Attorney/Assistant/Deputy H: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. 16289 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 -, -tL4V d-9, 200 .IM L FLYNN City Clerk and Ex-officio Cler o the City Council Of the City of Huntington Beach,California By Deputy CITY OF INGT BEACH by: City Engineer 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. 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 CITY OF 1NGTON B CH by: City Engineer RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 16289 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 Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable Attached Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ' REVIEWED RETURNED FORW/AfZPED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION fOR RETURWOF_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 CITY CLERK. October 17, 2002 First American Title Insurance Company i�2 First American Way Santa Ana, CA 92707 714-800-4641 Attn: Michael C. Williams, Title Officer Re: Final Tract Map No. 16289 -Order No. OR-2228175 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 1.90, 2000 Main Street, Huntington Beach, CA 92648. . Sincerely, Connie Brockway, CIVIC City Clerk /jh Enclosure At � Received by: � � `� ' Received by: Dated: Date: 9:/followup/tract/tractmap2002.doc (Telephone:714-536-5227) CITY OF HUNTINGTON BEACH [Oil 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. 16289 - Order No. OR-2228175 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, Connie Brockway, CIVIC.. City Clerk fjh Enclosure At Received by: � � LG a / Received by Dated: Date: g:/followup/tract/tractmap2002.doc (Telephone:714-536-5227) 4S•C AMERrC �~ 9� First American Title Company 2 FIRST AMERICAN WAY,SANTA ANA,CA 92707 (714)800-3000 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. () DEED OF TRUST. Q COPY OF ITEMS. Uly Q COPY OF ENDORSEMENT AS PER YOUR REQUEST. P () FIRE INSURANCE POLICY W1�� (X) NEED SIGNATURES FOR MAPS. Q PRELIMINARY TITLE REPORT. T Q PROPERTY LOCATION DISCLOSURE ENDORSEMENT. a Q OWNERS POLICY AND COPY OF LENDERS POLICY. o Q ORIGINAL UCC-I TO BE FILED AND A CHECK IN THE AMOUNT OF . - FIRST AMERICAN TITLE INSURANCE COMPANY n - Mt .iC' 3 w D BY MICHAEL C.WILLIAMS,TITLE OFFICER y" b DIRECT TELEPHONE NUMBER -714-800-4641 FAX NUMBER-714-800-4965 CC: <> J. � CITY OF HUNTINGTOIPB EACH O INTERDEPARTMENTAL COMMUNICATION TO: Jeffrey Hughes Deputy City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 16289 (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-2228175 LOCATION: N/E Corner of Main St. & Clay Ave. PHONE NO.: (714) 800-4641 Kris R. Winchak GJEng/Winchak/Forms/Map auth to record a 0 NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 1 b-1 -OZ • FROM: PLANNING DEPARTMENT TRACT NO. 1(2zgI PARCEL MAP NO. PARK AND RECREATION FEES PAID: YES $ 0•D a ❑NO W /T C4 Pp DEVELOPER PLC, 4"mo C.O P44- for: Howard Zelefsky Director of Planning RECEIVED BY: • CITY CLERK RECEIPT COPY Return DUPLICATE to %A- ep^ DL"� a^ Jeffrey Hughes(ext.6260) (Name) after signing/dating to- (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION 6�21 TO: Shari Freidenrich, City Treasurer ATTN: Jim Sloboian, Deputy City Treasurer FROM: k-4!4 kvogk DATE: 7-h - oz- SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. 34 zvl 555 -1. Labor and Material Bond No. 8s Monument Bond No. Maintenance Bond No. Re: Tract No. CC No/ -MSC No. Approved Agenda Item No. (council Approval Date) City Clerk Vault No. viah/bondlefter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 9.2648 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 92649 REGARDING: Subdivision Agreement City,State,Zip re: Tract No. 16289 See Attached Action Agenda Item E-12 Date of Approval 9/16/0 2 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: H. Zelefsky Planning x x x bonds Name Department RCA Agreement Insurance Other _R_ Santos Planning_ x x x bonds Name Department RCA Agreement Insurance Other S. Freidenrich 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 (Telephone:714.536.5 227) Council/Agency Meeting Held: -V2 Deferred/Continued to: A rov d ElConditionally Approved ElDenied C e k's Signature Council Meeting Date: September 16, 2002 Department ID umber: PL0b�-29 y � /V L CITY OF HUNTINGTON BEACH , REQUEST FOR ACTION Q_ - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS NO SUBMITTED BY: RAY SILVER, City AdministratorcF� `o a PREPARED BY: HOWARD ZELEFSKY, Director of Planning SUBJECT: APPROVE FINAL TRACT MAP NO. 16289 OF TENTATIVE TRACT MAP NO. 16289 (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. 16289, located at the northeast corner of Clay Avenue and Main Street, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16289 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)". 2. "Approve the Subdivision Agreement between the City and PLC, A California General Partnership, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." i Alternative Action(s): The City,Council may make the following alternative motion(s): "Deny Final Tract Map No. 16289 and reject the offer of dedication, improvements and bonds". I REQUEST FOR ACTION • MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PL02-29 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: 7303-7371 Clay Avenue (northeast corner of Clay Avenue and Main 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: 0.568 acres/ 24,729 sq. ft. (gross) NO. OF NUMBERED LOTS: 1 NO. OF LETTERED LOTS: 0 NO. OF UNITS: 7 (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. 16289, a one lot, 0.568 acre condominium map, in conjunction with Conditional Use Permit No. 01-47 for the construction of a seven-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 0.08 acre of previous parkland credit. The 15% affordable housing requirement for this project has been satisfied by assignment of two units within the recently constructed, income- restricted Cape Ann development (Tract 15531), located northwest of the intersection of Garfield Avenue and Main Street. The final map has been examined and certified by the City Engineer as being in conformance with the conditions of approval of the tentative map, as filed with, amended and approved by ` the Zoning Administrator on February 27, 2002. 16289 RCA(PLC 1-lot subdivision) -2- August 30,2002 11:05 AM REQUEST FOR ACTION • MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER: PL02-29 Environmental Status: This action to accept Final Tract Map No. 16289 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. 16289 with site plan 4 Tentative Tract Map No. 16289 Findings and Conditions of Approval 5 Final Tract Map No. 16289 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Ron Santos/Herb Fauland '.xt' �,_g._:a...,x.,.3.:..�,.+_t,`.�-Ea.�r ..�'�.....::......n_,..ti��._1-"e:,.ts __,..a..a'«.....tix A�..,...,1..,5�....,.s..,..a..rf.�_�...,<._...�.. ;.fir.....�.._i¢ ---..✓..,-_<...:. ��...,.s�..� 16289 RCA(PLC 1-lot subdivision) .3- August 30,200211:05 AM ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: . 1. Final Tract Map No. 16289 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16289 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. B34224555 (Attachment No. 7). b. Labor and Material Bond No. B34224555 (Attachment No. 7). c. Monument Bond No. B34224557 (Attachment.No. 7). 3: The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. s ATTACHMENT 2 a MCIA to mPIY 8GD1[i® � 1 WAP16II PROTECT '. YALSM SITE - •\ .CYIRLO IY�own ' AMl1! InmunAlm.n 1 G AYWI}A O I z MAE=FIEL n HAA@SON i I a DA14MG D .may+ t�1 C AY _ -60 ( t ~ VICINITY MAP Final Tract Map No. 16289 19241 Holly Street THE CITY OF HUNTINGTON BEACH ATTACHMENT NO. '�. ATTACHMENT 3 TENTATIVE TRACT NO. 16289 FOR GONDOMINILPI PmP05E5 aK e'J�II'dar O'lW bYaalT o uam smnram ro rmK1a aJoc m sloe a YY nr ' acmo Y sort r.na a wm m o nlsauxaa nlrs n Yr as a rrYKra aJal cater a orwrr.slur a rsrmu. / / I / / r.lssessa real ro:nI-mo.a nrw:4M sa.rr.•e]rd rdM / / 3rt��e`•^i� � I � N z.rmrrcmmrosm JaK:n>,v-a aan aan asarlrl / / y�'�•;� I r,rws1K Iwo ua:acml e rmaaNn uro ur:asernw AA a:all a IrarfJa awn nap l / lcrn I I `'uses mm uH10irm�..aluirorvr /\ / / I I malKur�auvm�i�rusar rarJm / / • `, \ / I I i scrJ:r•b• �I�uNailm i°s�u ua�a Ion a uYoum wo aru® / � / I a.srm wY am ox5+a ur rasa. / sv I IaLm am SLODWO 8 PARca I I nc acI�rarw nw sort eso n cmv� rw.mvr OXd Af%5 `i I PI�o m.v�ir u� �maizin u wo / tkl � � I / y I fdYLL1NGltiFl� SpRiEtlf�EFBm erx,u all qx a aN / JcrY I JYm cmalm p1rl iJo-wl '� / �oaamrm loa I ' °i"� •f� r h a amrcra rrw _ �\5/,� coral w m � fA5f7Firt NOiES� i°o ar cn a I ®zaaanr ra oarurnl wm srnlnr ll�rsrs m a.zm-m a ' ppgm+��� rmKla aww I e Hurt ra slaa.nac azer wo 1cu m r—c amao es / y, _ I L_ emrrrme ro.rmccJ.c a arrwl acros. - ,—_____---_______________________________ _ ___ e • Lea ___—______ aura s P v m co- Jr 51TE s > s I' ra>,K u +EX'Ma a»I uaJm — anon ry aon Ir w If w o—j r r arrplr VICINTY HAr °b SW ro scJa slrw nw nr.w 2ATENTATIVE T2ACT`. w AEN oeal a a SOCIATF3 0. 1U2U9 zTol a ar0Ti. 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ILIA@ ne. 1••.1•w-.II. TRACT NO. 16209 �' PIA:LAND OOYPANT REVISIONS i...r IIUNnNCioN uEAL'll,CALIPONNIA 1 ATTACHMENT 4 Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 2 i GS FOR PROJECTS EXEMPT FROM CE A: The Zoning Administr ds that the project will not have any significant effect on the environment and is exempt from isions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the idelines because the City has prepared an environmental impact report for the Holly Seacliff Speci fter January 1, 1980, therefore no environmental impact report or negative declaration is needed for ntial project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16289: 1. Tentative Tract Map No. 16289 for the subdivision of approximately 24,700 sq. ft. for condominium purposes to develop seven townhouse units is consistent with the General Plan Land Use Element designation ofRM-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 seven 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. Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 4 exterior facades, interior courtyards, and /or.common areas. C. clude an adequate landscape setback along the street frontage that is int aced with abutting sidewalks and provides continuity throughout the neigh b ood. LU 11: Achieve the deve ment of projects that enable residents to live in proximity to their jobs, commerci rvices and entertainment, and reduce the need for automobile use. Obiective HE 3.1.1: Encourage the provision d continued availability of a range of housing types throughout the community, with vari in the number of rooms and level of amenities. The proposed project will consist of attached townhouse condo um units that have patios surrounding each entry area to delineate the entry to the unit. Thro the use of different colors and materials the units will appear to be individual units and will ak up the mass of the buildings. The project will meet the required landscape setbacks of the 1 8eacliff Specific Plan. 5. The project is in compliance with the mitigation measures for Environmental Impact Rep No. 89-1. CONDITIONS OF APPROVAL.—TENTATIVE TRACT MAP NO. 16289: 1. The tentative-tract map for the seven unit townhouse project 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 (2 units) shall be affordable to families of moderate- income level (less than 120% of Orange County median)for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. ATTACHMENT NO. . Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 5 3) If affordable units (new or rehabilitate) are off-site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Main Street, Clay Avenue and Holly Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. b. The sewer system on-site shall be private and maintained by the Homeowners Association. c. 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. d. 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. e. 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. ATTACHMENT NO. q..3 Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 6 f. Provide a digital-graphics file of said map to the City per the following design criteria: Design Specification: i) 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. ii) Digital data shall have double precision accuracy (up to fifteen significant digits). iii) Digital data shall have units in US FEET. iv) A separate drawing file shall be submitted for each individual sheet. v) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. vi) 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 g. The following shall be dedicated to the City of Huntington Beach: 1) 15-foot radius corner cut-off for street purposes at the northwesterly corner of Clay Avenue and Holly Street. (PW) h. 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) i. 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 and Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following public improvements shall be shown on the plan: (PW) 1) Curb, gutter and sidewalk along the Clay Avenue and Holly Street frontage, per City Standard Plan Nos. 202 and 207. Sidewalk shall be adjacent to the curb to match Clay Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 7 Avenue. Holly Street shall have a 6-foot parkway adjacent to the curb with a 4-foot sidewalk. 2) Half-width street pavement along Holly Street and Clay Avenue. 3) Cross gutter along the northerly side of Clay Avenue for the full width of Holly Street and provisions for surface flow easterly such as an AC swale. 4) Residential driveway on Holly Street shall be ADA compliant per City Standard Plan No. 209. 5) Install Edison-owned street lighting along the Holly Street frontage conforming to City standards (one street light is anticipated). 6) An ADA compliant access ramp at Clay Avenue and Holly Street (northeast corner). 7) New STOP sign and associated markings on Holly Street at Clay Avenue per City Standard Plan Nos. 401 and 408. 8) Private sewer lateral and onsite collection system. 9) Extend the public sewer main southerly in Holly Street as necessary to accommodate the new private sewer lateral and install manhole. 10)The proposed development shall be served from the Zone 2 public water supply system. A portion of the 6-inch water pipeline in Holly Street shall be replaced with a new water pipeline per Water Division standards, and shall be a minimum of 8-inches in diameter. This replacement pipeline shall be located east of the Holly Street centerline. At the southern end, this replacement pipeline shall be directly connected to the 12-inch water pipeline in Clay Avenue (with valves appropriately placed, per Water Division standards), and extended to the new 8-inch pipeline in Holly Street (constructed by others) at the northerly property line. 11)A new domestic water service and master water meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. 12)A new separate irrigation water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The irrigation water service shall be a minimum of 1-inch in size. ATTACHI AIENT NO. 4r Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 8 13)Separate backflow protection devices shall be installed, per Water Division standards for domestic and irrigation water services. 14)New fire hydrants on Clay Avenue and Holly Street, if required by the Fire Department shall be connected to the existing 12-inch water pipeline in Clay Avenue and the new 8-inch water pipeline in Holly Street. 15)Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) c. 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) d. 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. (PW) e. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any. concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact (Sudi Shoja(714) 536-5517) regarding grading and construction activities, and"1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) TA 'MENT NO. 6 �. Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 9 f. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) g. 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. (PW) h. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) i. Provide a Fire Department approved Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification #431-92. (FD) j. 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) k. From the DOGGR, provide proof of a Site Plan Review application. (FD) 1. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422-Oil Well Abandonment Process. (FD) m. 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) n. Vapor extraction treatment areas may require conformance to City Specification#431-Gas Fired Appliances. (FD) o. Blockwal/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 Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 10 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) 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. NO. `�'`� M � Tentative Tract Map No. 16289 Conditional Use Permit No. 01-47 Page 11 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. 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 substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ONDITIONS OF APPROVAL— CONDITIONAL USE PERMIT NO. 01-47: 1. The ' e plan, floor plans, and elevations received and dated January 8, 2002 shall be the conc ually approved layout with the following modifications: a. The patio wa d.acent to Main Street and the fence return between Unit 7 and the north property line all be decorative in nature or shall be screened with planting material (min. 3 ft. hig ' addition to the palms depicted on the conceptual landscape plan. The wall and landsca lans shall be subject to review and approval by the Planning Director. b. Parking lot striping detail shall comply wi Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administra ' Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to b flow devices and Edison transformers on the site plan. Utility meters shall be.screen om view from public rights-of-way. Electric transformers in a required front or stree ' e yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be hibited in the front yard setback and shall be screened from view. (Code Requirement) d. Depict the location of all gas meters, water meters, electrical panels, air conditio units, mailboxes (as approved by the United States Postal Service), and similar items on the AT T AGHMENT NO. AS _ ATTACHMENT 5 SNEEr I OF 2 ACCEPTED NO FLED AT THE ALL Of o-%ACRES GROSS TRACT NO. 16289 RQUEST 1 LOT DATE DATE OF SURVEY: NOVEMBER 2001 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE nME FEE S STATE OF CALIFORN[A INSTRUMENT i BEND A SUBDIVISION OF LOT 38 IN BLOCK'EF OF THE'GA RFIELD STREET ADDITION TO BOOK PACE HUNTINGTON BEACH',AS 94O N ON A YAP RECORDED N BOOK 7,PAGES 27 AND 28 OF MISCELLANEOUS YAPS, RECORDS OF ORANGE COUNTY.CALIFORNIA. OARLENE J. BlOg1 INTERIM COUNTY CLERK-RECORDER WALDEN k ASSOCIATES DAVID L. WALDEN, L.S. 3347 BY NOVEMBER 2001 DEPUTY FOR CONDOMINIUM PURPOSES • QWN RSHIP - RNFl A tt1RVEYORYS STATEUENT� WE THE UNDERSIGNED.BONG ALL PARTIES KMANG ANY RECORD TITLE INTEREST IN THE LAND THIINS MAP PREPARED MAR THE REQUIREMENTS WE OR UNDER MY REAIFNDE OF THE DIRECTION SUBDIVISION 15 MAP BASED UPON A AND lD FIELD ORDINANCESURVEY COVERED BY THIS MM,00 MEMORY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AS SHOWN r6T1IN THE DISTINCTIVE BORDER LINE. AT THE REQUEST OF PLC,LAID COMPANY ON NOVEMBER 2CO1. 1 HEREBY STATE THAT ALL WE HEREBY DEDICATE TO THE PUBIC FOR STREET PURPOSES GOTHAM STREET.HOLLY STREET. MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS I NMATED.OR THAT THEY WIN STREET NO CLAY AVENUE AS SHOWN WITHIN THE GISTINCIIIE BORDER LINE. WILL BE SET N SUCH POSITIONS:AND THAT SAID 1NN11MENTS ARE S UI FICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS FINAL YAP SUBS0M4LLY CONFORMS TO WE N50 HEREBY RELEASE AND PELNOVI91 TO THE CITY OF HUNTINGTON BEACH: THE CONDITIONALLY APPROVED TENTATIVE YAP. 1. ALL VEHCUTAR ACCESS PoCTIS TO CLAY AVENUE.MAIN STREET AND HOLLY STREET EXCEPT AT ACCESS LDFATI P S APPROVED BY THE ZONING MI/N6TMTOTL DAVID L WALDEN LS.3347 EXPIRATION GATE:0-30-04 6 PLC.A CALIFORNIA GENERAL PARTNERSHIP.OWNER E.gO BY:PLC HOLDINGS.A CALIPORNA GENERAL PARTNERSHIP.ITS GENERAL PARTNER BY:PACACO,INC..A CALIFORNIA CORPORATION,ITS GENERAL PARTNER COUNTY c SURVEYOR'S _ STATEMENT 1 HEREBY STATE THAT 1 HAVE EXAMINED THIS YAP AHD HAVE FOUND THAT ALL MAPPING BY: BY. OF THE SUBDIVISION YAP ACT HAVE BEEN COMPLIED WITH AND 1 AM SATISFED SAID YAP IS TECHNICALLY CORRECT RELATIVE TO THE TRACT MAP BOUNDARY. NAME: NAME: TOLE: TIDE: DATED THIS-DAY OF ,2002. BY:TA HUNTING"MACH U.C.A OELA AE UNITED LIABILITY COMPANY.ITS GENERAL PARTNER JOHN CNAS,COUNTY SURVEYOR BY:LEAN R LAND PARTNERS 4 A FLORIDA GENERAL PARTNERSHIP,ITS MNACING MEMBER LS 4406,EXPIATION DATE:I-30-05 BY:LO~HOMES OF CAIDRfM INC.A CALIFORNIA CORPORATION,R9 ATTORNEY-N-FACE CITY ENCINEFR'S STATEMENT: - BY. BY. 1 HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP NO NAVE FOUND IT TO BE SUBSTANTIALLY N CONFORMANCE WITH THE TENTATIVE MAP.IF REQUIRED,AS FRED WITH.AMENDED AND NNIE: NAME: APPROVED BY T"E CRY 2ONN0 ADMINISTRATOR;THAT ALL PROVISIONS OF THE SUBOMW YAP ACT AND CITY SUBDIVISION REGULATIONS NAVE BEEN COMPLIED WIT"AND 1 AM SATISFIED SAID MILE. MAP B CITY lIY CORRECT N ALL RESPECTS NOT STATED TO BY THE COUNTY SUM'EX'OR. NOTARY ACKNOWLETCMENT DATED INS__DAY OF .2002. STATE OF CALIFORNIA SS ROAM f.BEMDSLEY or. COUNTY OF UOECTOR OF PUBLIC WORKS R.C.E.NO.22876 Cm OF MRRNGTON BEACH EXPIRATION DATE:12-31-4M ON BEFORE ME, PERSONALLY APPEARED PEASONALL KNOWN TO YE OR PROVED TO YE ON THE BASIS OF SA ACTORY EVIDENCE)TO BE THE PERSONS) PROVIE))R/ARE 7QNIN0 ADMINISTRATOR CERTIFICATE SUBSCPoBED TO THE'WITHIN IWSTRUYEIT MID AC(NOWLEDGEO T6O I THAT NE/91C/IMEY EXECUTED 71,1)E SAVE N HIS/HER/THEIR NIOOR(R(E))D CMACITYQES)AND THAT BY N6/ryEp/TH�N L MICAEL STRANGE.ZONING AXYINBTMTOR OF THE CRY OF HUNTINGTON BEACH.CAIFORNA SO4A RS(SIE THE INSTRUMENT UTE THE INSTIRUYEVT.OR THE ENTITY UPON BEHALF Of'W'NICH 00 HEREBY CERTIFY THAT 1 HAVE EXAMINER TM YM AND HAVE FOUND R TO BE SUBSTANTIALLY THETHE SAYE AS THE TENTATIVE MAP AS FLED.AMENDED AND APPROVED BY THE HUNTINGTON BEACH CITY 2OM MG ADMINISTRATOR. WITNESS MY NAND. _ MY PRINCIPAL RACE OF BU501E55 DARED 1)tl5 DAY OF TOOL SIGNATURE IS IN COUNTY. PUB LIC BLIC IN AND FOR SAID STATE MY COUN5S10N EXPNES ONTO MIINISYMTOR (NAME PRINTED) CRY CLERK'S CERTIF)CATE� STATE OF C LIFORNM STATE Or CALIFORNIA SS - ys COUNTY OF ORANGE COUNTY OF I HUEBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE Cm COUNCIL OF GN BEFORE ME, HRRITNGTON BEACH AT A RED"20002 SAID COUNCIMEETING THEREOF HELD ON L 15W BY AN DAo�DULY SNIT AND PERSONALLY APPEARED PASSED AND ENTERED,.APPROVE IT MD CD ACCEPT ON BEfALF OF THE PUBLIC. PERSONALLY KNOWN TO ME OR PROVED O YE SUBJECT TO IMPROVEMENTS,THE DEDICATION FOR STREET PURPOSES OR COT1AR0 SKEET. StS ED TOTO�IIEDAMINNMB O61 �ACRM°mWLED�TEOS)NEE 7/NT NE (s /BFEAERR/EREN MOLLY sfPEFL YMI STREET Mm CLAY AVENUE KGA (EXECUTED THE E SAME ON T/EN THE P 11 S OR AUMORIM THE ENRI`/IAR1P00NTMBEW1lF OF NNT THE REASON S)ACHED.EXECUTED THE NO DO ALSO ACCEPT ON 80AF OF THE CITY OF HUNTINGTON BEACH: 1. THE VOIICIAR ACCESS RIGHTS TO DAY AVENUE.MAN STREET MID HOLLY STREET AS RELEASED AND RELINQUISHED. WITNESS MY KA M. MY PRINCIPAL RACE OF BUSNESS AND DID ALSO APPROVE SIINECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(oM3)W ! ON ATIPE 13 INCCOUNTY. C'THE SI%ONSM MAP ACT. I NOTARY PUBLIC N AND FDII SNIT STATE . W C010165HOtl EXPIRES DATED RIMS DAY OF 7002. (NAME PRINTED) COrouE BROCKWAY BY.. CITY CLERK OF THE DEPUTY CITY OF HUNTINGTON BEACH SIGNATURE OF OMISSIONS_ COUNTY TREASURER-TAX CDLLECTOR'S CERTIFICATE PURSUANT TO THE PROVISIONS OF SECTION 66436(0)(3)OF THE SUBDMMAPSION M ACT, : i THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: STATE OF CALIFORNIA . SS 1.THE HUNTINGTON BEACH COMPANY MOLDER OF AN EASEMENT FOR LAYING.WJNCNINO AND COUNT OF ORANGE THE 0MGO WATER R MAINS SFOR IRRIGATION ADDITION IPUOS ORPOSESGAND BFACN�FRED�N�BAS R ON 7 I HEREBY COMFY THAT ACCORDING TO THE RECORDS OF MY OFFICE.THERE ARE NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE,COUNT', 27 AND 36 OF MISCELLANEOUS YAPS,RECORDS OF ORANGE COUNTY. MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES.EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE 2.PACIFIC COAST HOMO.A CALIFORNIA CORPORATION.HOLDER OF EASEMENTS.TERMS.COVENANTS AND CO ALSO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE Am OTHER ORANGE RECORDED MAY E T 19 LA INSTRUMENT RE IBI602 ITABL ) OFFICIAL SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE THE PAYMENT RECORDS OF CANOE COUNTY.(EASEMENT IS BLANKET N NATl2RE,NOT ROTTABIE) OF TAKES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. 3.THE CITY OF HUNTINGTON BEADL HOLDER OF AN EASEMENT FOR STREET.PUBLIC UTILITY AND I/CIOET/TAL RNPOSF.S PECOIRDED OCfOBER IS.IBBL AS INSTAUYE7/f NO. I99B0606310 OF OFFICIAL RECORDS.ORANGE c°uNT DATED THE__DAY OF .2002. 4.HUNTINGTON BEACH COMPANY,HOLDER OF ALL MINERALS.OL.GAS.PETROL ELAL OTHER JOHN Y.N.YOORIACN BY: - HYDROCARBON SUBSTANCES AND AL IUNDEMOU ND WATER,AS RESERVED INCD THE OEM E RECORDED COUNTY TREASURER-TAX COLLECTOR DOWN TREASURER-TAX COLLECTOR OCTOBER 31,1090 AS NSONYFM NO.00-577002 OF OFFICIAL RECORDS.ORANGE COUNT -� SHEET 2 OF 2 ALL OF GE�B ACRES GROSS TRACT NO. 16289 TRACT NO. 16289 1 LOT DATE OF SURVEY: NOVEMBER 2001 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES DAVID L. WALDEN, LS. 3347 NOVEMBER 2001 FOR CONDOMINIUM PURPOSES Gr3.STA.ND.=1 N•EEPIT7 E•G030D7" 3 r M. FASEMFNT LEGEND -wn uew � GARFIELD AVENUE sn3r r snAe•7 OINDICATES AN EASEMENT FOR LAYING.MAINTAINING NG AND REPAIRING WATER MANS FOR IRRIGATION ANSI$Or OfAW" PURPOSES AND MR POLE LINES.IN FAVOR OF HUNTINGTON BEACH COMPANY AS SHOWN AND N K 4307'r nUM'OEO M r 1157Ar GOD I RESERVED ON THE YIP'GMFIEID STREET ADDITION TO KmfffINrrrON BEACH' RECORDED N 2 1 BOON).PACES 27 AI0 28 OF MISCELIMEDUS YAPS.Of ORANGE COUNTY. 4A41T7 O/pGIES F HUNTINGTINFON FOR CH,Ar,PUBLIC U ORP AND N.REffALCORDED Pl.WS INS IN FAVOR OF THE CITY A EASEUr10N R STREET A YPUBLIC.CORPOIA710N,RECORDED AS SES INI/FAV N& 192MOB349 OF OFFICIAL RECORD& GENERAL-NOTES; �. ( 1 INDICATES RECORD AND MEASURED BEAR WO AND OWANCE PEN P.Y.2000-207,P.Y.B. S 325/35-37.UNLESS OTHOINASE NOTED. < ) -INDICATES RECORD BEAPoNO AND DISTANCE PER P.Y.B. I31/36,UNLESS OTHERWISE NOTED. � I I INDICATES RECORD BEARING AND OWNNCE PER MA 7/27-28.UNLESS OTHERWISE NOTED. 7 BASIS OF BEARINGS: I II� THE BEARINGS SHOWN HEREON ME BASED ON ME BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION CAPS NO.SOSI AND STATION CPS NO.5052 BETNO NORTH BT43•O.T WEST PER RECORDS ON FILE IN THE OFFICE OF ME ORANGE COUNTY SURVEYOR. DATUM STATEMENT: 1983 M I)FS SHIOWIM ARE BASED ON THE CAIAYAIrL COL DI TAN ESSSH (CCSB3)).ZONE VI HB83 WAD,(1W0135 EPOdI OCS CPS AEL GROUND IS SHOWN ARE INBOUND UMESS OTHERWISE NOTED. TO OBTAIN GRID INSTANCE WLTWLY CROIAW DISTANCE BY 0S9097525. MONUMENT NOTES: r IRON PIPE TAG TAG STAMPED'34 3347 OR SPINE AND WASHER STAMPED WITHIN 0 DAYS OR HEAD AND TAD STAMPED VEM NTS. TO fE SET Ill.BOUNDARY CORNEAS WRHON 00 OAK AFTER ACCEPTANCE OF IMPROVEMENTS. I INDICATES FOUND IIOANEIIT AS NOTED OR REFERENCED HEREON: FOUND PUNCHED 31'DISK IN CONCRETE,N WELL VON PFN CORI RECORD�NONO.2:ODAMPED 1IIN-12261.(CITY r15�RECORDS ON FILE w TINE OF�10E a THE TRANCE COUNTY SWVEYOFi. 1n FOUND r NON PPE WITH BRASS TAT,STAMPED'&C.L 123W,DOWN O.B Fr,IN CITY OFHUIMNC /-41 7 y114 /Y PER Or5 MONUMENT RECORD 5052 OF TON ORANCE COUNTYSVRYEYOR. (GP9 97 y0y2)RECORDS ON BEACH WELL MONUMENT.PER PARCEL MAP NO.90-168.PfSE wBAND Tt'OfE10E /MUHD SPINE,NO RUERENCE. ACCEPTED AS CFNTERME INTERSECTIONOFCLAYAVENUEAND CRYSTAL'I—I;TO BE RESET WITH SPODE/WASHER WITH TAD'LL 3Hr PERI P.Y.2000-207•P.Y.&325/35-37. Q FOUND r I.P.WITH TAO.ILLEGIBLE, IN WELL YONWEM DOWN 1.8 FT..ACCEPTED AS / •� CENTERLINE INIFASECTDN Of CLAY AVENUE AND MAIN STREET.PER P.M.B.70/30-31. ©FOUNT 1'I.P.WITH PLASTIC PLUG'LS.48BY.DOWN 0.1 ET.. NO REFERENCE OFF i CENTERLINE INTERSECTION OF CLAY AVENUE AND HOLLY STREET N 811*4217'W.0.32'. O ®FOINO r I.P.AND TM NO NUMBER,N WELL MWUIEHT DOWN 1.3 FT.,PER P.M.8 I37/38. I ACCEPTED AS CENR%INE INTERSECTION OF GARFIELD AVENUE AND HOLLY STREET. Q SPINE A WASHER WITH TAG'LS.3347"PER P.Y.2000-207.P.M.B.315/35-37. SET SPINE A WA94ER WITH TAD'LS.334r.FLUSH. ®FOND RIASTTD SPINE•pOWN LS FT.,PER CITY HUNTINGTON BEACH TIE RECORD NO / 009022. MBE RE-SEf WWII SINE AND WASHER STAMPED'LS.3347. h ` I Clar AVEMK IM. --r N BT427r r I;Sw 1 —0&43 f — sc1�• NNRLtrI �—IN BT4fir I ZIUS, DETAIL'A NO IF'. y --- x8T1ETrI 230O0'--4W L10Dr------ �� a' 1 �3 R, A A V LOT 1 $!!$ f3iVZ TRINE Ut I 7 j A AEA Or GOmAO T.W 070G ACRES NE7 $ a b IXRIE Ar!DI tAPUS tD,cm )C- yV I P'i nEW sr.fa naw ROAD cl 6nr4r L700' li' °u , .Y }/ NlP0Y5 OrdNim 8 f. lag cz 143GOc' to K.4' A� ,q 4;A IMdl ACA or CLAY tK.W HOLLY by. C I, p 4DDIt' ]1100' 107Ar rp`'o- 7 A { I ODGO A RES rat Rat MAD PROSES e Z DOICA pn"�Ir�ST A'b'Il ° S a.t rr _ oam A�casrnraa — L4 Mao q�,,n �I'tygr'Pf'fT ydt�• 4 4 .t. -yrt.•'gt/qV N i .W. 8 40:.a7•L.I56.4/• W31• LK TAME �'''bz�A 1MDr - IODr SEE DETAIN'A' tx t14RN0 asTAEr r t4Lc.7. $ 705700'7 N 1T67r rG4Asi(N O■ tu3o1 �I /"+•A - THIS St1EET U n R7'[ )SOT' 8 t048f• �3 B LE M e4Yt1T r DDD• _ o, T%. L4N MIIS1'•Y wm• 3 0-1.-"4t7r r 3 "035• r Gf4A1•I R S C"(AVENJE �5 _ LS M T77 r GOOD' - LG N ISDT1r E ]lA' ALL AGC[S5 OOITS 10 OAf AILNi SCALE"1,-30. dun Ar L04TM'O AYI0ITD er TI[IpM: .LOMSRATLW, EQD7 L NOTP O m m THE CITY NMEu2uW ro cToN NrAar. I� • ATTACHMENT ' 6 ' SUBDIVISION AGREEMENT BY AND BETWEEN L THE CITY OF HUNTING TON BEACH AN��=�� f FOR TRACT NO. Z 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,"p and �L-Ci 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. � 2g 1 ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and.for the guarantee and warranty of the work for a period of one (1)year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/4/25/02 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 10-18-01/4/25/02 3 relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, SUBDIVIDER shall, pursuant to California Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance, provide as security to CITY: A. Faithful Performance: For performance security, in the amount of -r�ox,,,qRk Dollars ($ QiD C � ), 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. V 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 br�� yac�l� Dollars ($ o�• ), 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 10-18-01/4/25/02 6 Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/fonns/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 �a ATTN: Director of Public Works I� L(;Vr�ar ��lazu ' 2000 Main Street Huntington Beach, CA 92648 I�P, Qr� eWJA q2 Atyk-, `7t I ( (f of wA y\, 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 parry who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/4/25/02 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES Except as expressly set forth in Section_10 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 23. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agree/forms/subdiv 10-18-01/4/25/02 11 agreement between the parties respecting the subject matter of this Agreement and supersedes 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 �e yl�vAyw-PM municipal corporation of the State of California By: Mayor ATTEST: print name ITS: (circle one)Chairman/President/Vice President AND City Clerk 04- -aZ By: APPROVED AS TO FORM: c print name 'I p0q ITS: (circle one)Secretary/Chief Financial Officer/Asst. . r V Secretary—Treasurer ?/ City AP.rney' INITIATED AND PROVED: REVIEWED AND APPROVED: City dministrator agree/forms/subdiv 10-18-01/4/25/02 12 _ 1 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: /Dwiei M8r non Title: �/�`pA c��.d�,►`� By: --� 6 - Name: Chd8tOphet C.GibbS Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS_II,a Florida general partnership, its managing member By: LENNAR HOMESAOFFORNIA,INC.,a California corporation, its Attorney-in-Fac By: Name: CNIVX Title: V st 't i • , By: i lov Name: J Title: Q�SSi.S`1+4/1�• �SeL',►�la�.,, 6/21/2002 06/04/2002 09:80 PAZ 415 240 0 IIlfi1 O/TUSK 9AN PWC19CO • �IQOZ �1dy CERTIFICATE OF LIABILITY INSURANCE 0/ITIIUAIMIDDIIffV) PPtioouera C\ WLC caNFENepMp OF IOY4NO pSngQHT UpO tHE fwC 7 MCA1p O/RLSK,Isle- V �� MULDER. THIS CIATIFICAI'$ DORS NOT AMEND CXTENb OR 750 Battery Street, Suite 550 pl .� ALTE11 THE COVERAGE APPCRDSO W THE POt.fCIES OPLOW. San Frar►Wco,CA 94111 `r INSURERS AFFORDING COVERAGE NAIC# _ NSUPWo INEUMaMA 2VZUf0n1rL5W0nC0CO3 35378 PLC-Lazed CompanyINSURERS +u3MlbermeWS MUtUR CaSu t�Co.V 22977 - 19 Corporate Plaza IN9Ugl?AC: _ Newport Beach,CA 92660 INSU pR CnVERAQf?$ THE POLICIES OF INSURANCE LISTED Or-UbW HAVP6EEN I95UWO THE IN5UnE0 NAMED ABOVE FOR THE POLICY P0A100 INDICATED.NOTWITH6TANDINO ANY RE IREMENT,TERM OA CONDITION OP ANY CONTRACT pR OTHtA DOCUMENT WITH RESPBOT TO WHICH THIS C6RTIPICATE MAY 9E ISSUAD OR MAY PAPITAIN,THE IN80ANCIIt APPIORDRU SY 111E POUr.1C$0E150RIVED HEREIN 16 BU6460T TO ALL THE T'EWS,PXCWSIONS AN11 CONDITIONS OF SUCH POLICIES-AGOSEGATE UMITS SHOWN MAYHAVE BEEN REDUCED BY PAiDoLAIMB. _ PDucrrouWg6W, r P L1M1n - GENfiAN llA91Lff1 EACNOCCUARGNC A COMNEF1Cu1L6ENEpA4WA61411v 02GLP1005795 01/01/02 01/01/03 , "' eL- g----s"OM CLA,M9OM 0 OCCun Commercial MEOLIXP unn crane a l3xr1Udf Y General Liability 01ARONA&ADVI JURY a pool _ DANs�ALAaaaeaA� s 0t1D..._.. MEWLAGGa6G+06UWTAPPL1"PI!R PRODUCTA•COMpAPACO 9 OCI POUC PEA Lee 0tI TOMC9tLI1dAaUl.ttT RS: COM91NLDSIN©LEWMIT 6 ANTAUTO &?PROV'ED 1�S TO VO Attorner7, tEAacchu�a .__. ALLOWNEDAUTOS jVTTON, C ne �d�10014yIN1URY gCK1EMAOAUTOS GkIL UtY Cit Att a `' IvarParaonl t Hd1ED AUT08 BY BODILY INJWAY NON•OWNED AIM11 b.` IPararxltlanl! ua.. IP1t)Pr tvVAMADE BAFIAOgUARILt" AUTO ONLY-GA ACCIOaNT I ANY AUTO OTHRAT►AW PA ACC AUTOONLY: AGO C7[Cpet1NM11NC1,LAL1A91LITY eACHCr,CURR@NOR a _ _ OWIJA ❑*AMD6=6 AQOMGOA1t+ p _ 8 I]- aA1 a'IDN � �— WONKbi3 00MPtN6A110N AND CMPLOYBMO'UA011117 B ° CPAe"O>"AI HT0S1"11t°+A"pt�ll ago,a TIVI L .6A0MAGQDVNt 3BA086398-00 04/16/02 04/16/03 e-LD16AI•EAS PaoYM 101 Aged aE i.iLo�-IItrytl �Yl�ar b Iaw 6.L016CAEG•r0U0YLIMK 9 ImlaM DE'sSCAIAhpH GP tlPirgA1W118/LDCATION>�1/vCtUCLCE/CkCLUBION®AppQly gY gNOpggLNENT I SPpC1AL PptlV1910Nb0 See uted endorsmm61; CEpT1MATE Ht76CER CANCELLATION City of Huntington Beach SNOVLD ANY OP"AA111090 6010bPVWC,6D62r0CGW0g FDa[YNaPxPINA,NnN Attn: Sarah DATE TNIMAOP,TNa ftwit 0MAIM WIL WMtL_%.OAYI W9016N 2000 Main Street NOTICIS TO THE Cfl"IPICATA 149WI P1 NAMED TO WS Lan,I=— HLmtington Beare,CA, 92648 '"sEk1hmmimms, ", -eaelll�tt4t�r�tl�aro[�m�as t� Fax: 714 3741590 AVMOA a M AM911WAVIVA / - ACORD 26 F2001/081 rRes"n Mnu.0e e Z0a b88'ON LSSZbL=btLZ6 F VTET 6ZL 6b6 2Z:bZ E00E/SZi60 08/04/2002 09:09 PAX U11 240 0� NE711WRISK SAN PWCISCO c� roick Additional Insured - Owners, Lessees or Contractors Form 8 VAi -\ F��� CG 20 10 11 ,85 Policy Amendment General Liability Insured policy Number PLC, a Calffornia General Partnership Evanston Insuraeee Co. 19 C"rate Plaza 02GLr1005795 Newport Bead-,CA 92660 Producer Effective Date bmw/RISK,Inc. 01/M/02 to M/01/03 750 Batteq Street,Suite 550 San Francisco,CA 94111 Schedule Name of person or Organization City of Huntington Beach,its agents,officals,and employees 2000 Main Street Hunditgton Beach,CA 92648 (If no entry appsara above,Information required to complete this Endorsement will be ahown lim the neclaratlon9 as applicable to thla Endorsement,) Wbo fa an Inuurad (Section 11) Is amended to Include aS an Insured the person or organization shown In the Schedule, but only whh respect to liability arlsing out of your work for that insured by or for you. AYPRovF AS TO FORM GALL BUTTON, City �ttornev Deputy City Att rney n 0 P V/ f3rkn Marx Vice president 200 b88'ON LSSTt7L2btiLT6 F bTZti GEL 6b6 2Z:bti EOOE/SZi60 BOND N0. B ' 555 PREMIUM $860.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,Slate of California,and PLC, a California General Partnership (hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install and complete designated public Improvements,which said agreement,dated , 19 and identified as project Tract 16289 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and Gulf Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City',the penal SUM of Eighty Thousand and No/100ths dollars($ 80,000.00 lawful money of the United States,for the payment of which suns 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[lie sAid agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless'City",its officers,agents and employees,as therein stipulated,(lien this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such'bbligation,all to be taxed as costs and included in any judgment rendered. I . The surety hereby stipulates and agrees that no charge,extension of lime,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of lime,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[lie principal and surely above named,on June 25 ,M 2002 PiC, a C i,ftn;a(3mal dip as Principal By Gulf Insurance Company as Surety By By Victoria M. Campbell/Attorney-In-Fact AS TO FCRM:Y J' TON, city Rttorney ,raputy City Attorney 2 PLC,A CALIFORNIA GENERAL PARTNERSHIP By: PLC HOLDINGS,a California general partnership, its general partner By: PACLACO;INC.,a California corporation, its general partner By: Name: OW191 Mwnor1 Title: ,,Lc� By: Cam— b Name: Christopher C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES 0 A IFORNIA,INC.,a California corporation, its Attorney-1 act By: Name: p rn Title: By: Name: Title: t finb �_ STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON Lo ,BEFORE ME, Roberta M. Kern A NOTARY P BLIC IN AND FOR"SAID STATE,PERSONALLY APPEARED Daniel aBannon AND Christopher C.Gibbs PERSONALLY KNOWN TO ME(4R r;^..^,ACC T^��APH€-EiAS1S OE�TI�FArrnrzy FyfnFn�r�) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNES ND SIGNATU E_I a� MY PRJNCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE- IN 0 COUNTY Roberta M. Kern (NAME PRINTED MY COMMISSION EXPIRES ,,,; ROBERTA M.KERN COMM.#1283372 Notary Public-CaliforniaN Orange County N Comm.Expires .+MDEyCEMBER 6,2004 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON Juts I, dos .BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED��,� YYI JdaL PERSONALLY KNOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE. IN Ora q 2.- COUNTY (NAME PRINTED) MY COMMISSION EXPIRES H- -04 807.5 D Cortlmicdon 41757717 Qnmge Courtly AAy Comm. Apr 19,2004 3 i All-Purpose Acknowledgment. State of California ) ss County of Orange ) On July 9, 2002 before me, Dee Baker,Notary Public,personally appeared Stephen Wolpin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signature on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. OM RAKM C.ornrriission#1257717 N ng Notary Public CaRknia Orae County. Dee Baker,Notary Public My Comm.F2phesApr 19.2004 Description of Attached Document Title or Type of Document: Faithfull Performance Bond, Tract 16289 Bond#B34224555 Document Date: 6-25-02 Pages Signer(s) Other Than Named Above: . I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - - - - - - - - -.-n, i; . I State of California I ss. ( County of Los Angeles On JUN 2 5 2002 , before me, Maria A. Quiroz, Notary Public Date Name and Title of Officer(e.g.."Jane Doe.Notary Public") personally appeared Victoria M Campbell I Name(s)of Signer(s) LX personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are i MARIA A. QUIROZ subscribed to the within instrument and Commission#1254268 acknowledged to me that he/she/they executed Z=-� Notary Public-Caiifomia ; the same in his/her/their authorized (, Los Angeles County capacity(ies), and that by his/her/their My Comm.Expires Mar3,20p4 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 pal. (' Place Notary Seal Above Signature,o otary Public i. OPTIONAL ) K Though the information below is not required by law, it may prove valuable to persons relying on the document (, and could prevent fraudulent removal and reattachment of this form to another document. t (: Description of Attached Document :I I, Title or Type of Document: I � Document Date: Number of Pages: I: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer . (' Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General X Attorney in Fact (' ❑ Trustee I ❑ Guardian or Conservator I: (; ❑ Other: I' Signer Is Representing: I ,I j l O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-878-8827 • BOND NO. B343dk5 _ PREMIUM Tml. Parf. ]Tx l LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and PLC, a California General Partnership (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated 19 and identified as project Tract 16289 ,is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety,are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Forty Thousand and No/100ths dollars($ 40,000.00 1,for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 sogo affect its obligation on this bond,and its hereby waive notice of any such change,extensionoation or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 25 a9C 2002 PLC, a California General Partnership ,as Principal By: �&A2GW tlGr'ZiAe, By: Gulf �Inns}urran'Insurance /any as Surety BY: U .�J111.�.L1.��►.t;�►�d.11l�,r By. Victoria M. Campbell/Attorney-In-Fact STATE OF CALIFORNIA ) SS APPROU AS TO FORM:, COUNTY OF ORANGE ) GAIL Iib I k,_i, City Attorney By: Depazy City Attorney ON roa ,BEFORE ME, Roberta M_ Kern A NOTA Y PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Danlel asannon AND Christopher C.Gibbs , PERSONALLY KNOWN TO ME( 6RE11tBEN@E)- 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 YHA D SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN 0 COUNTY Roberta M. Kem (NAME PRINTED) MY COMMISSION EXPIRES 67�=0 ROBERTA M.KERN STATE OF CALIFORNIA COMM.p 1283372 Notary Public•Calitorrnar Orange nge County COUNTY OF ORANGE ) q DEyCE M CMBEomm.Expires —+ R 6,2ooa ON Ju,„ a, a.dda BEFORE ME, bey. Baker A NOTARY PUBLIC IN AND FOR SAID STATE;PERSONALLY APPEARED7ay,-,, A. IM_ 1a� , PERSONALLY KNOWN TO ME( ASIS-OEZAIW-ACT-9�MCE) 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 Hf D SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY pep Bakes (NAME PRINTED) MY COMMISSION EXPIRES• 4--Iq-OAF e of DEE BAM Comnldon 41257717 so NotaryPubllc—Eduanb Onange _ My Comm.BVbW AprrI9.2704 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: ��1e1 aBannon Title: ��,p ✓� By: Name: ChdStopher C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES O A IFORNIA,INC.,a California corporation, its Attorney-in-Fact By: Name: AOA.;:�"' 11 Title: k- By: Name: Title: �.�4�5-104� All-Purpose Acknowledgment_ State of California ) ss County of Orange ) On July 9, 2002 before me, Dee Baker, Notary Public,personally appeared Stephen Wolpin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signature on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DM BAM carwrgak ,#1 ssm z Nafty PubIc--ccfflamla Dee Baker,Notary Public MY E30 Apr 19,2004 Description of Attached Document Title or Type of Document: Labor&Material Bond, Tract 16289 Bond#B34224555 Document Date: 6-25-02 Pages Signer(s) Other Than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California ( ss. I' County of Los Ancreles On JUN 2 5 2002 before me, Maria A. Quiroz, Notary Public Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") personally appeared Victoria M Campbell - - - - Name(s)of Signer(s) - ( FX personally known to me E:' proved to me on the basis of satisfactory I - evidence - to be the person(s) whose name(s) is/are ( subscribed to the within instrument and MARIA A. QUIROZ acknowledged to me that he/she/they executed Commission#1254258 Z the same in his/her/their authorized Z..-�; Notary Public-California ; ( Los Angeles county capacity(ies), and that by . his/her/their MyCZrn_ �it tv' 3,2t 1 signature(s) on the instrument the person(s), or Imo °_ the entity upon behalf of which the person(s) (: acted, executed the instrument. ( WITNESS my hand and official eal.. Place Notary Seal Above - Signature of Notary Public �. OPTIONAL ( Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I. Title or Type of Document: Document Date: Number of Pages: i Signer(s) Other Than Named Above: ( Capacity(ies) Claimed by Signer (' Signer's Name: _ ❑ Individual 1, Top of thumb here ❑ Corporate Officer—Title(s): 1- ❑ Partner-❑ Limited ❑ General - X Attorney in Fact (' ❑ Trustee ( ❑ Guardian or Conservator I (, ❑ Other: (. Signer Is Representing:. i i, O 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1.800-878-6827 i '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. \a5\31"c fro GULF INSURANCE COMPANY �A cJ G�PPO�T� �L SEAL P � , J STATE OF NEW YORK 1 SS tNECt� 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. 41`t'o�e�ge� - cn lieI U GAZO STATE OF NEW YORK SS y��° �'�O� No ary Public,Sta a of GIE New York COUNTY OF NEW YORK 1 OF N 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. Signed and Sealed at the City of New York. ���S�A"'�'EEoo�A Dated the JUN 2 5 20R day of ,20 c� 4�PP �lF YG SEAL Elul��� George Biancardi Senior Vice President • BOND NO. B34224- PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC, a California General Partnership as Subdivider of Tract No. 16289 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 $ 1.600.00 in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 25th day of June .92 2002 PLC, a California General Partnership as Principal By: Va a#uked yca►�a l va c By: Gulf Insurance Company as Surety By: By. Victoria M. Campbell/Attorney-In-Fact 8092.01 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: 0SWWn Title: By: Name: Chdstoph®r C. Gibbs Title: By: T/L HUNTINGTON BEACH LLC,a Delaware limited liability company, its general partner By: LENNAR LAND PARTNERS II,a Florida general partnership, its managing member By: LENNAR HOMES F ALIFORNIA,INC.,a California corporation, its Attorney ' a By: Name: O dr Title: I P S^ By: Name: �PP-.OVED AS TO F.^PIM:V/ IiUTTOii, C i,'..y Attorney Title: y�, : Deputy Ci-cy Attorney, i i • STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON Lo BEFORE ME, RobertaM..Kern A NOTAY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Daniel O'Bannon AND Christopher C.Gibbs PERSONALLY KNOWN TO ME ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M D SIGNATURE I o-� e � MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN - COUNTY Roberta M. Kern In (N T D MY COMMISSION EXPIRES)& d. 7,n y ROBERTA M.KERN *- COMM.N 1283372 Notary Public-CalifornlaE Orange Country to (MECEMBER 6P2004 i STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON :IL w a.. a'�ba ,.BEFOREME, ej g�>' A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Za»ajin aa. YYl_ PERSONALLY KNOWN TO ME(9 E-6f�4 FrGf ATISFAGTORY-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 HAND SIGNATURE � 4.P.t� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN A-Als COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 4-19-O o�anl�e C...l lan B 1457717 = Nalary PuWc--Cditmia orange comfy My Cornm B#-Apr 19,2004 8092.01 All-Purpose Acknowledgment. State of California ) ss County of Orange ) On July 9, 2002 before me, Dee Baker,Notary Public,personally appeared Stephen Wolpin personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities and that by his signature on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DE BAKM tr itbfct�#iT51717 q9tMY NotaMay Pubflc—Caltiarria orarvecourdy Dee Baker, Notary Public. Comm. Apr 1 9,2004 r Description of Attached Document Title or Type of Document: Monument Bond, Tract 16289 Bond#B34224557 Document Date: 6-25-02 Pages Signer(s) Other Than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (. State of California ( ss. 1 County of Los Angeles On JUN 2 5 2002 before me, Maria A. Quiroz, Notary Public I; Date Name and Ttle of Officer(e.g..'Jane Doe.Notary Public') personally appeared Victoria M Campbell I Name(s)of Signer(s) I CK personally known to me F., proved to me on the basis of satisfactory I evidence i� to be the person(s) whose name(s) is/are ( subscribed to the within instrument and : ds M in acknowledged to me that he/she/they executed MARIA A. QUIROZ the same in his/her/their authorized Commission#1254268 Z capacity(ies), and that by his/her/their I z p•— Notary Public-California signature(s) on the instrument the person(s), or r: Los Angeles county My Comm. xpir+~s tv5ar3,2004 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS'my.hand and officia seal. I Place Notary Seal Above Signature of Notary Pub I OPTIONAL ). Though the information below is not required by law, it may prove valuable to persons relying on the document (, and could prevent fraudulent removal and reattachment of this form to another document. (: Description of Attached Document Title or Type of Document: i I' Document Date: Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer (' Signer's Name: ( ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General Attorney in Fact (' ❑ Trustee ( ❑ Guardian or Conservator I (, ❑ Other: r: ( Signer Is Representing: i. 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalmtary.org Prod No.5907 Reorder.Call Tall-Free 1-800-876.6827 •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 ponds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said_attorn6y(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. �\aSURANCECO�A GULF INSURANCE COMPANY STATE OF NEW YORK L SS 'vN SEA COUNTY OF NEW YORK EC Lawrence P.Minter 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.. �0ANGIE � Y GAZO STATE OF NEW YORK SS f�00B�'�G-�O� Notary Public,Stat of New York COUNTY OF NEW YORK J Op NE_'A 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. Signed and Sealed at the City of New York. Z�SX3 +NCECQ2i Dated the JUN 2 5 2M day of 20 � A SEAL ECt��J` George Biancardi Senior Vice President • EATTACHMENT 7 L: T'f �+ CA p0 0 2 S 5 FAX TRANSMITTAL bate: From: BIII Holman To: Telephone: (949) 729-1217 Company: Fax: (949) 729-1214 Fax: � Small: bholman@plcland.com Subject: Pages: (Including cover sheet) 1, We-1(6107 (61M 6"M G1(- G�r� (47 Ol l V%M-cam- 0 EOM b P!C land Compely 19 Corporate Plus Drive 849.M Im Telephone Newport Booth,Colllernle92600 949.?l?9.1�t4tacslmlle T0a b88'ON LSSTbL217TLT6 F VTZT 6ZL 6b6 SZ:bT ZOOZiSZi60 .08•/04/2002 09:68 PAX 415 249 bll� METRO/RISK SAN FRANCISCO (tool METRO/RISK, Inc. 730 Battery Street, Suite 550 • San Francisco • CA a 94111 Tel: (415) 249.0111 Fax: (415) 249-0112 S'{'1MMIN'yULM XQ11 ne lnfarmatien eanh"ad hualn to intended for the excluaive time of the person atponoew to whom 444toeeeci, and is considered confidential by the mender. Als term"confidential"includes,without limitation,trade eerrals,Intoll actual ppeopesty,end other l+:apretary isutatmation. Nothing herein la Intended to constitute a waive*of the atmildondailly of(tile communication. if you are nut named ae h"addraeaeo below,not An you the employer or ojent of lha addressee,you are hoemby notified that any duplication or distribution of two communleatloli Is Unauthorised. 11"a commuxleatlon ham bash tucolved by you.in enat,please notify our office by talephona immediately. We will arrange for rettteaal of @tis communication at no east to you, Please call (415) 240-0111 if you experience any tranerniesien problema. Date: 5/23/02 To: Sarah Fax Number. 714 374-1590 From: Susan Heil Total 0 of pages Ind. coVer: 2 Subject: Certificate Of Insurince Insured: PLC Land Company Following please find a copy of the Certificate of Tmsurance you requested. We will mail the original today. Should you have any gaestlons regarding this Certificate,please feel free to contact our office. Thmnk you, Melissa Sheppard®949 929-1214 PAX • FAX • FAX • FAX • FAX • FAX • FAX • FAX FAx • FAX • FAX b00 b88'ON LS91bL2VTLi6 F bZZZ 6ZL 6b6 ZZ:bT Z00ZiSZi60 RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16289 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) Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS N/A REVIEWED % TURNED.::. FORWARDED:' Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM (Below • . For City Clerk's Use Only) RCA Author: HZ:SH:RS:kjl