Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Final Tract Map No. 15691 of Tentative Tract Map No. 15691,
Jj City of Huntington Beach • P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER CERTIFIED MAIL June 4, 2007 Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 To Whom it May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bond on May 21, 2007: Tract# 15691 Guarantee and Warranty Bond No. 444113 P We are releasing this bond and have enclosed it for your files. We have also enclosed a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter,please contact me at (714) 536-5200. Sincerely, Shari L. Freidenrich, CPA, CCMT, CFMA City Treasurer Enclosures cc: Heritage Communities 5245 E. Santa Ana Canyon Road Anaheim Hills, CA 92807 Terri Elliott, Principal Civil Engineer(no attachments) Joan Flynn, City Clerk(no attachments) Joyce Zacks, Deputy City Treasurer(no attachments) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH Recorded in Official Records, County of Orange P.O. Box 190-2000 Main Street Gary Granville, Clerk-Recorder Huntington Beach,Ca. 92648 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2001042460911:42am 06/27101 109 73 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 I � (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 May 16, 2001, 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. 15691. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance within the dedicated easements, and the curb, gutter,paving and sidewalk within Ellis Avenue, Golden West Street and Saddleback Lane. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 06-04—61 City Council Meeting Submitted for.Recordation by the Orange County Recorder. Attest 06— IV 20 d) . n'4 eZ � City Clerk and Ex-officio Clerk o 7KRT`fi�"Deputy of Huntington Beach, California By T i;s doc^-U e'rit is solely for the a::::c3;.%1 6:-minH..'°ss of the City urnw-der C fernment Cade R,., and should be retarded CITY OF LNTING N BEACH • by: City Engineer Tax-Exempt-Governs` nt Agency CITY - HUN! -1 TO BEACH /4iby: City Attorney By:.. -•----. .......... ...------------- y ity C rk G:\Eng\EI' tt\ nds\Tract 15691 acceptance form �y T? DSL vv� Council/Agency Meeting Held: Deferred/Continued to: A roved ❑ Conditionally pproved El Denied U& Cle Signature Council Meeting Date: June 4, 2001 Department ID Number: PW 01-064 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION N = o = SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS 3 Z C--) SUBMITTED BY: RAY SILVER, City Administratoroz4 --I-.C- -<c-a m c�orc PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works aT'�c SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRACT N(P,.)15b91 AND ACCEPT THE PUBLIC IMPROVEMENTS -o n Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should Heritage Communities, the developer of Tract No. 15691, which is located at the southwest corner of Golden West Street and Ellis Avenue, receive a release of securities pursuant to the provisions of the Subdivision Map Act having completed all required public improvements? Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use with Tract No. 15691; and, 2. Release Heritage Communities, Faithful Performance/Labor and Material Bond No. 444113P and Monument Bond No. 444114S pursuant to California Government Code Section No. 66499.70 and, 3. Accept Heritage Communities Guarantee and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instruct the City Clerk to notify the developer, Heritage Communities, of this action, and the City Treasurer to notify the Surety, Developers Surety and Indemnity Company, of this action; and, 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. 'REQUEST FOR COUNCIL ACgON MEETING DATE: June 4, 2001 DEPARTMENT ID NUMBER: PW 01-064 Analysis: On July 6, 1999, the City Council approved Final Map No. 15691 and accepted Bonds from Heritage Communities, the securities furnished for Faithful Performance/Labor & Material and Monuments. The developer, Heritage Communities, 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 Calif. Government Code Section 66499.7. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance, the sewer system, curb and gutter, and paving and sidewalk within the public streets. 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. Calif. Government Code Section No. 66499.3(d) requires that security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements. The developer, Heritage Communities, have provided Guarantee and Warranty Bond No. 444113P as security. Following is a list of project data: Developer: Heritage Communities , 5245 E. Santa Ana Canyon Road, Anaheim Hills, CA 92807 Engineer: The Keith Companies, 2955 Red Hill Avenue, Costa Mesa, CA 92626 Surety Co.: Developers Surety and Indemnity Company , P.O. Box 19725, Irvine, CA 92623 Location: Southwest corner of Golden West Street and Ellis Avenue Zone: Specific Plan 7 (Ellis — Goldenwest Specific Plan) 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, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Location Ma 2 Guarantee and Warranty Bond No. 444113P 4 "Notice of Acceptance of Public Improvements" RCA Author: T. Elliott:jm 01-064 June 4 Elliott(Tract 15691).doc -2- 5/23/01 12:39 PM 14 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 14, 2001 Heritage Communities 5245 E. Santa Ana Canyon Road Anaheim Hills, CA 92807 Re: Release of Securities for Tract No. 15691 and Acceptance the Public Improvements Please be advised that on Monday, June 4, 2001 the City Council of the City of Huntington Beach took the following action: (City Council) Approved the Release of Securities for Tract No. 15691 and Accepted the Public Improvements— Heritage Communities—SM Corner of Goldenwest Street and Ellis Avenue— Filed Notice of Acceptance of Public Improvements (420.60) — 1. Accepted the improvement constructed and dedicated for public use with Tract No. 15691; 2. Released Heritage Communities, Faithful Performance/Labor and Material Bond No. 444113P (Developers Surety & Indemnity Co.) and Monument Bond No. 444114S pursuant to California Government Code Section No. 66499.7; 3. Accepted Heritage Communities Guarantee and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Heritage Communities, of this action, and the City Treasurer to notify the Surety, Developers Surety and Indemnity Company, of this action; and 5. Instructed the City Clerk to record the "Notice.of Acceptance of Public Improvements"with the Orange County Recorder. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh g:/followupftractlacceptpublicimp-notice.doc (Telephone:714-536-5227) ATTACHMENT 1 II III III I II II Ililllll Iilll III ,� III. i . I � I �Itll j�l ELLIS ( I� IIII I , ll A E�JU'� - �Lj IIIIIII) I' I TRAcr .. . ... . . . wi !� w � IIIIIII i IEk- i r ii jLLLLj L! - 111 I - I i GARFIELD AVENUE I LOCATION MAP TRACT 15691 /^ll. Council/Agency Meeting Held: --5--tA/ /"--- Deferred/Continued to: )(Ap roved ❑ onditionall Ap roved ❑ Denied City r 's ignatu Council Meeting Date: 5/21/2007 Department ID Number: PW 07-025 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE M YOR AND CITY COUNCIL MEMBERS SUBMITTED BY: P ELOPEOCULBRETH-GRAF�A C Y DMINISTRAT R PREPARED BY: ROBERT F. BEARDSLEY, PE, DIR CTOR F�PBL`ICWO�RKSr� SUBJECT: Approve the Release of the Guarantee and Warranty Bond for Tract No. 15691 (Heritage) Statement fissue,Funding Source, Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for Tract No. 15691 (Heritage) located at the southwest corner of Goldenwest Street and Ellis Avenue. The Guarantee and Warranty Bond provided by the developer, Heritage Communities, as the security furnished for guarantee and warranty of improvements is eligible for release. Funding Source: No funds are required for this action. Recommended Action: Motion to: 1. Release Guarantee and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of improvements for Tract No. 15691 (Heritage); and, 2. Instruct the City Clerk to notify the developer, Heritage Communities, of this action, and the City Treasurer to notify the Surety, Developers Surety and Indemnity Company, of this action. Alternative Action(s): Deny the recommended actions. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/21/2007 DEPARTMENT ID NUMBER: PW 07-025 Analysis: On June 4, 2001, the City Council accepted the improvements constructed and dedicated for public use within Tract No. 15691 (Heritage) and accepted Guarantee and Warranty Bond No. 444113P; the security for the guarantee and warranty of the improvements. The required time period has elapsed and the City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends release of the security. The public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenances, the sewer system, curb and gutter, paving and sidewalk within the public streets. California Government Code Section No. 66499.3(d) requires that the security for the guarantee and warranty of the improvements be posted upon acceptance of the public improvements, and the security remains in effect for a period of one year. Following is a list of project data: Subdivider: Heritage Communities, 5245 E. Santa Ana Canyon Road, Anaheim Hills, CA 92807 Engineer: The Keith Companies, 2955 Red Hill Avenue, Costa Mesa, CA 92626 Surety Co: Developers Surety and Indemnity Company, P.O. Box 19725, Irvine, CA 92623 Location: Southwest corner of Goldenwest Street and Ellis Avenue Zone: Specific Plan 7 (Ellis — Goldenwest Specific Plan) Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1. Location Map —Tract No. 15691 -2- 5/3/2007 2:10 PM ATTACHMENT # 1 i ELLIS AVENUE � l r Steeplechase Ctr, LLJ -- - ( C/) i w L) N W s 0 U)e w- LOCATION MAP - STREET NAMES TRACT NO. 15691 CITY+rBOUNDARY Map produced by information contained in the City of Huntington Beach Information Services Department STREET CENTERLINES ICL-n51 Geographic Information System.Information warranted for 7d ' martc.treel �^ City use only.Huntington Beach does not guarantee its Major completeness or accuracy. rr collector \it Map Produced on 4/30/2007 Primary Secondary l; N Pe ojerztia! w r HP Allev i ISLIE4THS ti� S 0 127 254 — HARBOR ,V e One inch equals 127 feet RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Guarantee and Warranty Bond for Tract 15691 Heritage COUNCIL MEETING DATE: May 21, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Notached El t Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable 'EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (initial) ) = ) City Administrator (initial) ) City Clerk ( ) EXPLANATION FOR'RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: T. Elliott ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 22, 2007 Heritage Communities 5245 E. Santa Ana Canyon Road Anaheim Hills, CA 92807- Re: Release of the Guarantee and Warranty Bond for Tract No. 15691 (Heritage) Please be advised that on Monday, May 21, 2007 the City Council of the City of Huntington Beach took the following action: Approved Release of the Guarantee and Warranty Bond Provided as Security by Heritage Communities, Developer of Tract 15691 Located at the Southwest Corner of Goldenwest Street and Ellis Avenue — 1) Released Guarantee and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of improvements for Tract 15691(Heritage); and 2) Instructed the City Clerk to notify the developer, Heritage Communities, of this action, and the City Treasurer to notify the Surety, Developers Surety and Indemnity Company, of this action. Sincerely, Joan L. Flynn City Clerk JF:pe gAollowup/tract/release bonds for tract-letter.doc (Telephone: 714-536-5227) Citv of Huntin ton Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 - SHARI L. FREIDENRICH CITY TREASURER September 10, 2001 CERTIFIED 111AIL Developers Surety and Indemnity Company P.O. Box 19725 Irvine, CA 92623 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on June 4, 2001 approved the release of the following bond: Tract# 15691 Faithful Performance and Labor& Material Bond No. 444113P Monument Bond No. 444114S We are releasing the bond and have enclosed it for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter,please contact me at(714) 536-5200. Sincerely, Shari L. Fr 'c enrich, CPA, CCMT City Treasurer Enclosures cc: Goldemvest Partners, LLC C/O Heritage Communities 5245 E. Santa Ana Canyon Rd. Anaheim Hills, CA 92807 Bob Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk (no attachments) G:`•Joyce`•.SHARI';LEITERS'••.Bond release TR 15691.DOC 1 'ram)-• � -iY,'--' \4--1 Y ,.. f � -' r - _. -_ .. _ ... RECEI1/ED Y -. CITY CLERK RECEIPT COPY Return DUPLICATE to ,. s. 41 1jeffrey Hyghes(ezt 6260)R (Name) �„, _V) j after signin`gldatin j (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for h�n�I Ar�'C CrlMM1�NIfiFS (Company Name) t Faithful Performance Bond No Labor and Material Bond::No Monument Bond;No 0 Maintenance Bond No. t Re: Tract No. 5 6 1 CC No. MSC No. Approved A " 0—0) Agenda Item No. E—7 (Council Approval Date) City Clerk Vault No. f g1jah/bondletter.doc ATTACHMENT 2 • BOND N 4113P PREMIUNTIOIncluded In Performance Bond ;,r ROVED AS TO FORMa "TON, City httornuy �.zty Attorrie GUARANTEE AND WARRANTY BOND. Goldenwest Partners LLC WHEREAS, a California Limited LiabSlity Company aS a Principal,and Develoeers Surety and Indemnity Coinpany ,a corporation organized under the laws of the State of California and duly authorized to do business In the Stale of California,as Surety,arcs held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of fifty—two thousand,. one hundred and 00/100-----------,representing 10 percent of the contract price entered Into between the Principal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators;successors an; assigns jointly and severally, WHEREAS,the said principal entered Into a contract with said Obligee,dated for work described as follows: 'WHEREAS,said contract provides that the Principal will f4inish a bond conditioned to guarantee and warrant for the period of one year after completion of the.work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said ohe year period. WHEREAS,said work has been completed,and accepted;by Obligee on 7;?-,fc7' NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defectivematerials or workmanship which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee in witness whereat,this instrument has been duly executed by the principal and surety above named,on February 21, ,S$c 2001 , Goldenwest Partners, LLC a California Lim' ed L'a it company.as Principal Mark Jacobs,President Heritage Communities, InGy Managing Member of Goldenwest Partners,LL%y Devej.ppers Smrety and Indemnity Company By / Rolf X. Neusc aefer, At 'orn.ey In-Fact • I POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: "`STEVEN C. HARRIS, ROLF A. NEUSCHAEFER, JOINTLY OR SEVERALLY`` as the true and lawful Attomcy(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomcv(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomcv(s)-in-Fact,pursuant to these presents,arc hereby ratified and confined. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Dircctors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attomey; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811,day of November.2000. David H.Rhodes,Executive Vice President �P��V ANDg9T�NQ AGOM PHO NY O ,FyJ.G�pPO 2i�'•., OP R9 9 W= SEAL •<" w OCT.5 Two 0 °EL 1936 °0° 0 1967 Z xz�� S ioE 2 By.Walter A.Crowell, Secretary /OW P as 0 PNxP ............. FO STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. COMM.01167928 5 NOTARYMBUC-CALIFORNUI Signature t m ORANGE COUNTY My Caton,Ev.Jartt,8,2= CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 21 S tifav of February .2 0 01 By David G.Lane,Chief Operating Officer I D-1380(11/00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 2/21/01 before me, Teresa E. Bury, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Rolf A. Neuschaefer y( Name(s)of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(j) whose name6g) is/am TER E BURY subscribed to the within instrument and i Commission#1215181 acknowledged to me that he/abx&M executed NotaryPublic-California the same in his/laces authorized Orange County � capacity(irKa), and that by his/tteri4lxatr my comm.5cpres"7,mml signature(a) on the instrument the person(j), or the entity upon behalf of which the person(k) acted, executed the instrument. f WITNESS my hand and o icial seal. I Place Notary Seal Above Signatur of tary Pu i I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document if and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I. Title or Type of Document: Guarantee and Warranty Bond I Document Date: 2/21/01 Number of Pages: 1 I: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Rolf A. Neuschaefer ❑ Individual Top or crumb Here ❑ Corporate Officer—Titles ❑ Partner—❑ Limited ❑ General g Attorney in Fact i' ❑ Trustee ❑ Guardian or Conservator ❑ Other: i I Signer Is Representing: Developers Surety and. Indemnity Company 0 1999 National Notary Association-9M De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.nationalnotary.org Prod.No.690T Reorder.Call Toll-Free 1-800-876-6827 ATTACHMENT 3 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 14, 2001 Gary L. Granville County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find "Acceptance of Public Improvements"for Tract 15691 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street,.Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CIVIC City Clerk Enclosures Tract No. 15691 —Heritage Communities—stw comer of Goldenwest Street& Ellis Avenue g:ifollowup/tract/acceptpublicimp-recorder.doc (Telephone:714-536.5227) Recording requested by, and when recorded return to: Connie Brockway,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190=2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on May 16, 2001, 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. 15691. Public improvements constructed consist of the domestic water system and appurtenances within both the private and public streets, the storm drain system and appurtenance within the dedicated easements, and the curb, gutter,paving and sidewalk within Ellis Avenue, Golden West Street and Saddleback Lane. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at 64-04—61 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 66 20 01 City Clerk and Ex-officio Clerk o t cil Of the C' of Huntington Beach, California By Deputy :,9_ ;: cu-n.—io t is solely for the _' c sal b--2"n as o+tha City ;� Enrh, as contem- +s- �,;, rnrnent Code CITY OF PJNTINGTfiN BEACH a ;i,ouid be recorded • by: City Engineer Tax-Exempt-Governn t Agency CITY - HUN -1 TO BEACH • /4vby: City Attorney By:-- ............ ----- --•------------ a_y ity C -rk G:\Eng\EI' tt nds\Tract 15691 acceptance form a RCA tOUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15691 and Accept the Public Improvements COUNCIL MEETING DATE: June 4, 2001 ..... ....... ..... :.RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING-ATTACHMENTS REVIEWED RETURNED` � FORWARDED .._ ..... Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk r `_EXPLANATION FOR RETURN"OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: T. Elliott -nxi l=04 ercasb - • � Zel -Mann �irce./br' I I VAr - Council/Agency Meeting Held: GLt R. ;A/ppro fe ed/Continued to: r . CITY gY v ❑ o ovally A prove ❑ enied ly i Clerk's Signature `'p CA i; Council Meeting Date: July 6, 19419 Department ID Number- PL 99-41 f CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: -HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administra r PREPARED BY: HOWARD ZELEFSKY, Planning Director/ SUBJECT: APPROVE FINAL TRACT MAP NO. 15691 OF TENTATIVE TRACT MAP NO. 15691, WITH BONDS AND AGREEMENTS (Heritage Communities) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachments) Statement of Issue: Final Tract Map No. 15691, located on the southwest corner of the intersection of Goldenwest Street and Ellis Avenue is being submitted for City Council approval. Funding Source: Not applicable. ` Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15691 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve the Subdivision Agreement between the City and Goldenwest Partners, LLC and authorize execution by the Mayor and City Clerk." Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 15691 and reject the offer of dedication, improvements, and bonds." AQUEST FOR COUNCIL ACTIA MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER: PL 99-41 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Heritage Communities 5620 E. Santiago Canyon Road Orange, CA 92869 ENGINEER: The Keith Companies 2955 Red Hill Avenue Costa Mesa, CA 92626 LOCATION: Southwest corner of the intersection of Goldenwest Street and Ellis Avenue ZONE: Specific Plan 7 (Ellis-Goldenwest Specific Plan) GENERAL PLAN: RL-3.0-sp (Residential Low Density-3 units/net ac.-specific plan) NO. OF ACRES: 9.14 gross acres NO. OF NUMBERED LOTS: 24 NO. OF LETTERED LOTS: 3 NO. OF UNITS: 24 detached single family residential units DATE OF COMPLETE APPLICATION: June 23, 1999 MANDATORY PROCESSING DATE: July 19, 1999 DISCUSSION: On November 24, 1998 the Planning Commission approved Tentative Tract Map No. 15691/Conditional Use Permit No. 98-42/Variance No. 98-20 to subdivide 9.14 gross acres into 24 numbered lots and 3 lettered lots for the purposes of developing 24 detached single family residential units. Final Tract Map No. 15691 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement for this project through the payment of$212,591.40 in fees (per tentative tract map condition of approval and based upon August 1998 appraisal value of$516,500 per acre). The subdivider will satisfy the affordable housing requirement for this project by providing three off-site units. An Affordable Housing Agreement Plan for this project has been submitted and approved by the Planning Department. PL99-41 -2- 06/22/99 7:19 AM RRUEST FOR COUNCIL ACTIN MEETING DATE: July 6, 1999 DEPARTMENT ID NUMBER: PL 99-41 The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission.as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. Environmental Status: This action to accept Final Tract Map No. 15691 is exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15268(b). Attachment(s): - City Clerk's Page Number 1. Findings and Requirements for Acceptance of Final Map 2 Area Map I Tentative Tract Map No. 15691 with site plan 4. Tentative Tract Map No. 15691 Findings and Conditions of Approval 5 Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) RR PL99-41 -3- 06/22/99 7:10 AM 04 o CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 18, 1999 First American Title Company 114 East Fifth Street Santa Ana, California 92701 Attention: Mike Williams Escrow Pick Up No.9825874— Final Tract Map No. 15691 The City Clerk's Office has prepared Final Tract Map No. 15691 to be recorded. Your office will be picking up this document to be recorded with the County. Please have a copy of the recorded map returned to the Bruce Crosby, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. Connie Brockway, CIVIC City Clerk CB:jc Enclosure Received by Date cl q escropu.doc/Grant Deed 5714/5715:jc (Telephone:714536-5227) • • LEI CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH TO: z �2 t✓ m!)/)I 7�-BS ATTENTION: Name [) , lSfill�7Fi�d� ( 11 DEPARTMENT: S Feet G7 L lW6% REGARDING: ity,State, p See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City.Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance ✓ RCA Deed Other CC: ' as e S partment RQA Agreements Insurance/ Other `Jr�tr �L`..7 5 7/ N arunent RCA Agreeme Insuran Other IsLafeto Department RCA Agreement Insurance they rfe Name, Department RCA Agreement Insuranc Other �� en Risk Management Dept. Insurance Received by Name-Company Name- Date G:Fdllowup/coverltr T (Telephone:714-536-5227 JQ a`x- 7% CITY OF HUNTINGTO BEACH INTERDEPARTMENTAL COMMUNICATION TO: Janelle Case O Deputy City Clerkt J dw�J FROM: Bruce P. Crosby y Civil Engineer Assistant SUBJECT: Tract No. 15691 (Authorization to Record) DATE: July 9, 1999 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act. TITLE CO: First American Title Insurance Co �°�� - 444 TITLE OFFICER: Ronald J. Gomez — -M t kc W ORDER NO.: 9825874 PHONE NO.: (714) 558-3277 Bruce P. Crosby 35459 Tr 15691 auth to record YiCe Notes Office i o the City Clerk Huntington Beach, California ,sg:f 12, al�Z 71—n � a c dam - Ae 'c �� 4nAL/2-, / �iHn�JJ Qj/l? & NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: B�Co I qo1 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. 15Co a 1 PARCEL MAP NO. PARK AND RECREATION FEES PAID: EYES D NO OTHER: *4 CV—'-1 gyp}-'aS Jaw. pWf4Nf2jL. U for. Howard Zelefsky Planning Director 1 r . ,........n�A. . c AI • t ,try t �.fi �c= •i3 r i ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map. 1. Final Tract Map No. 15691 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15691 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 444113P as presented in Attachment No. 6 b. Labor and Material Bond No. 444113P as presented in Attachment No. 6 c. Monument Bond No. 444114S as presented in Attachment No. 6 (-DCvd/o?zA,t T,usu,,ante Gampx 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; J c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; ,,/' ,�/'� d. An approved Subdivision Agreement shall be submitted (" ttachment No. 5);oft a/" e. Payment of Park and Recreation In-Lieu Fees. � lv � � A i ; •�� _ irk' �� ml i C71"u, yr AREA MAP CONDITIONAL USE PERMIT NO. 89-6 MASTER PLAN OF DEVELOPMENT ELLIS AEU TTM 15691 • • gTFMs1 1Q ' i o (Proposed) � 9o-iZ/ sa _l -- - WNy H NI �f ITnT Q. Wi � F • I I C i (5ARFIELD AVENUE A. Tract 13439 B. Tract 14035 C. Tract 14109 D. Parcel Map 90-182 _ __ F �fi Ni. Icy` ,Feyf�l'• r. �, is 11 ;k.iv�' .tk j S y E L L I S AVENUETENTATIVE TRACT MAP 15691 ----_-- -;;��---- -------------—--— — — — a fOFHXTImo sum —�.r,�,,.r�.�. .;aR.E?.f.'.•a—r,;4'.��:4.�--�P�$:+— �m..�3?^.�=.>�.,.>;.'c�1,7.�.^^.+a=?.=.o raT it �� .� 1 _r r------------- ------- --_--—- -----",�\\ \\ \� I�Ii1 '' • a .o- e � `------ ------ I 2 5 9 3 Nrn w --- ----- - GARnIELD m N= i I \ 9 - 1----"- ------ — —' f ! I I •I ---- �\ I I �� :I VICINt1Y MAP LOCATION YAP —"---- —_-- —————— ar.a I d 14 1 13 1 12 1 11 1 w I+eM®Ran�� N) M` Y aw M Y alter RiBN®YP TNe 1m cowwO — — -- — -- --_ -- 1 Z D66fm ILL A19E! .................�srr -- CA 1 m I I I I I • i W Arl"I 1 NML Oq 44DOW 24I O „Ra rapn,�s.,rA.rreayor our wn A ° aYm,aIs 15 oor+v :rr E� ------- �k LGIwBlo��« � CUT 6.664 C.Y. I , - -"�• h I A®aU vcm nL oma m as a 6s a m.ao r' / 1 R.r —W ..a.ar w em nLL 7,666 C.Y. , rm r rear wa .,............._... ....� I I a>s RB'IBeel tIM r m....e ............ .......... 2318 I ,]I u°r o .w•r_�aR rw,°'um a 1'�'a.'," 's � I \ ire ,.._.... ... ........ I / `V I 1 i '' R..na mrr ve rAr.,.rw ror GOLODAVEST ET� x�Q % 71PIGLL SECTION 22. :+u ar.a -- I f ' I! •I ' IrT -' I 1I T • i 't •i 17' �i "'-j l'r 1 }r L-� ! / ! h• I I SECTION SABOLEBACK LANE PRIVATE STREET �II TYPICAL SECTION TYPICAL 1 j j I' I � y -. j_a 1 j i f i _ j �.,-.!._- /f/ I I v'• ....� II a �� �..rr r.v.ara 1 A r1 i SOUTHERLY BOUNOARI' L ELLK AVENUE >- ',...— r-• -- __ \ .^ •`+••� p°R 4 TYPICAL SECTION TYPICAL SECTION (; 7?E ICBM Comapm -O* ar.. wAna Si sm arrr aoaa ...rer a Yv4a a.e rr v+.l«+ti+a P'm+w FWAIN CIOMM® r�L� a crto au 4 � WW■. RA I -gam: �u Imo, c� ililra I �O��"ems:,; `. .may I ai ■■� ■riu � � mry■�iry �f.1�6 °*71J� �� ��� Il7lJlas . ..Ipl'� .��;wll,S."�.►i;r rM MM QA Ill new.: I E mill Emil I i oil N-.10MElp ■ MINIM�� . • 60��9a8�6��0� EDWARDS ISN I.N IMMUNE 0081968MOM - r ^ r rrF ro L JJ Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 November 30, 1998 Heritage Communities c/o Mark Jacobs 5620 E. Santiago Canyon Road Orange, CA 92869 SUBJECT: TENTATIVE TRACT MAP NO. 15691/CONDITIONAL USE PERMIT NO. 98-42/VARIANCE NO.98-20 (Heritage Communities 24 unit subdivision) PROPERTY OWNER: 1. Heritage Communities,,c/o Mark Jacobs, 5620 E. Santiago Canyon Road, Orange,CA 92869 2. William Landis, 1901 Avenue of the Stars, Suite 670, Century City,CA . 90067 REQUEST: To approve a master plan of development consisting of 24 single family residential units on 9.14 gross acres. The request includes allowing perimeter walls Iof up to eight(8)feet high along the arterials(Ellis and Goldenwest), and development on a parcel with more than a three (3)foot grade differential between the high and low point. The request also includes variances to allow development on a 9.14 gross acre site in lieu of a minimum 10 gross acre project area,to permit reduced front setbacks on two lots,to permit reduced rear setbacks on two lots,and to exceed the maximum two foot fill restriction by allowing up to 4.5 feet of fill on portions of five lots. LOCATION: Southwest comer of Ellis Avenue and Goldenwest Street DATE OF ACTION: November 24, 1998 Your application was acted upon by the Planning Commission of the City of Huntington Beach on November 24, 1998, and your request was Conditionally Approved. Attached to this letter are the Findings and Conditions of Approval for this application. (98CL1124-15) Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance,the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant,the decision being appealed, and the grounds for . the appeal; it shall also be accompanied by a filing fee. The appeal fee is$500.00 for a single family dwelling property owner appealing the decision on his/her own property. The appeal fee is $1,490.00 for all other appeals. In your case,the last day for filing an appeal and paying the filing fee is December 4, 1998. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1)year after final approval,unless actual construction has started. If there are any further questions,please contact Wayne Carvalho,'Associate Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess,AICP Senior Planner xc: Property Owner . Attachment: Findings and Conditions of Approval (98CL1124-16) TENTATIVE TRACT MAP NO. 156911 CONDITIONAL USE PERMIT NO.98-42/ VARIANCE NO.98-20 (Heritage Communities 24 unit subdivision) FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15691: 1. Tentative Tract Map No. 15691 for the subdivision of 9.14 gross acres (7.42 net)for the purpose of developing a 24 unit single family residential development is consistent with the General Plan Land Use Element designation of Low Density Residential on the subject property,the Ellis Goldenwest Specific Plan,and other applicable provisions of this.Code, except for the variances approved concurrently with this application. 2. 'Ae site is physically suitable for the type and density of development at 9.14 gross acres. The•project site is relatively flat and will complete development on the northeast comer of the Ellis Goldenwest quartersection. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site was previously evaluated in Environmental Impact Report No. 88-2 and will comply with appropriate mitigation measures. 4.. The design of the subdivision and 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. The development will include the construction of public equestrian trail easements along the perimeter of the tract. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO.98-42: 1. Conditional Use Permit No. 98-42 for: a)the development of 24 detached,single family. residences; b)the construction of up to eight(8)foot high perimeter walls along arterials (Ellis Ave., Goldenwest St.); and c)development on a site with a ten foot grade differential, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project is consistent with the character of the area. The increased wall height will provide.noise attenuation while minimizing the potential for future fence height extensions along the arterials. The grading of the master plan will allow for proper drainage within the tract without impacting adjacent properties or streets. 2. The conditional use permit will be compatible with surrounding uses because the design and architecture of the proposed homes,equestrian improvements, street sections and circulation are designed to be compatible with adjacent tracts. The project will complete estate residential development on the northeast.corner of the Ellis Goldenwest quartersection. (98CL1124-17) 3. The proposed 24 unit single family residential subdivision will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for variances approved concurrently(VAR 98-20). With exception of the requested variances,the project will comply with all provisions of the Ellis Goldenwest Specific Plan. 4. The granting of Conditional.Use Permit No. 98-42 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property. In addition,it is consistent with the following goals and policies of the General Plan: LU 9.1.2—Require that single family residential units be designed to convey a high level of quality and character considering the following guidelines: a. Modulate and articulate building elevation,facades and masses(avoiding undifferentiated"box-like"structures). b. Encourage innovative and creative design concepts. LU 9.3.2—Require that the design of new residential subdivisions consider the following: a. Establish a street configuration involving the interconnection of individual streets that emphasize a pattern of"blocks"rather than cul de sacs. b. Orient housing to neighborhood and collector streets. FINDINGS FOR APPROVAL -VARIANCE NO. 98-20: 1. The granting of Variance No. 98-20 for the following: a. To allow development on a 9.14 gross acre project area in lieu of minimum 10 acres; b. To'allow reduced front yard setbacks for Lot 15 (26.2 ft.in lieu of minims 33.75 ft.) and Lot 21 (31.21 ft. in lieu of minimum 36 fQ; c. To allow reduced rear yard setbacks for Lot 17(11.8 ft.in lieu of minimum 50 ft.)and Lot 19 (13.4 ft. in lieu of minimum 50 ft.); and d. To exceed the maximum 2 foot fill restriction on Lot 13 (2.1 ft.),Lot 19 (2.8 ft.),Lot 20 (4.5 ft.),Lot 21 (4.0 ft.) and Lot 22 (2.5 ft.) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed development will not contrast with the character of the neighborhood that has been developed to retain the natural terrain and generally comply with setback requirements. _ Furthermore, similar variances for reduced setbacks, and deviations to the cut and fill requirements have been granted in the immediate area. 2. Because of special circumstances applicable to the subject property,including size,shape, topography, location or surroundings,the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The proposed pads have been designed to minimize the alteration of the natural terrain while designing for proper drainage. With the conditions imposed,the lots with reduced rear setbacks will maintain an increased yard area on the side yard facing Saddleback Lane. (98CL 1124-18) 3. The granting of Variance No. 98-20 is necessary to preserve the enjoyment of one or more substantial property rights. The reduced project area,reduced setback requirements,and additional fill will allow for development on the 9.14 acre area which is compatible with the adjacent residential development. 4. The granting of Variance No. 98-20 will not be materially detrimental to the public welfare or injurious to property in the same zone classification. With the conditions imposed,the reduced setbacks,increased fill, and development of the 9.14 acre project area will not reduce the privacy, or negatively impact the value of adjacent properties or neighborhoods. CONDITIONS OF APPROVAL-TENTATIVE TRACT MAP NO. 15691: ✓1. The tentative map and associated engineering studies received and dated September 23, 1998 shall be the approved layout. 2. Prior to submittal of the final map for approval by the City Council,the following shall be required: �a. An Affordable Housing Agreement Plan shall be submitted for review and approval by the Planning Department. The plan shall provide for minimum 10% of the housing units (3 units) approved to be affordable to families of low income level(less than 80%of Orange County median)for a period of thirty years. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction, or available to the public,prior to final building permit approval (occupancy)of the first home. The plan may include: 1. Build affordable units at an alternative location which is under control of the applicant. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term(30 years). 4. Other options which generate new opportunities for affordable housing. b. At least 60 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 following: `/1. Maintenance of all private streets, equestrian trails,walls and common landscape areas; 2. Frequent street sweeping,cleaning of storm drains,painting of streets,fire hydrants., and other on-going maintenance of the private infrastructure by the Homeowners, . Association(PW); 3. Full disclosure to all potential homeowners of the potential for noise generated by oil wells and helicopter overflights within the area. (Mitigation measure) 4. Lots 17 and Lot 19 shall include a restriction to assure that a minimum 50 foot setback for the main dwelling is maintained adjacent to the west(Saddleback Lane) property line. The CC&W s shall not prohibit the option for equestrian facilities which are intended for the larger lots (15,000+sq. ft.)as specified in the Ellis Goldenwest Specific Plan. The CC&Rs must be in recordable for;n prior to recordation of the map. (PW,Ping.) (98CL1124-19) 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 Goldenwest Street,Ellis Avenue, and Saddleback Lane shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (PW) b. The sewer study shall be private and designed to drain to Ellis Avenue (NW). However, should any portion of the sewer system flow to the south,the developer shall reimburse PLC for their fair share of the downstream improvements. (PW) c. Hydrology and hydraulic studies for both on and off site facilities shall be submitted for Public Works review and approval. (PW) d. Construct a new concrete swale drain on the south side of the tract and remove existing concrete swale along the north side of Tract 14007. A private storm drain shall be constructed along the south line of Lot 21 out to Derby Lane. If the applicant is unable to obtain authorization from the adjacent property owners to remove the Swale/v-ditch, all or a portion of the removal requirement may be deleted per Public Works approval. (PW) e. Each proposed dwelling unit shall require a separate domestic water meter and service. All domestic water meters shall be sized in accordance with the UPC and the requirements of the City of Huntington Beach Public Works Department and Fire Department. All meters (new and existing)shall be a touch read type. (PW) f. Remove cul-de-sac design and improvement at current terminus of Derby Lane and process any necessary right of way vacation. (PW) g. All public improvements (i.e. grading,street lights)and design criteria shall be to City standards and in accordance with the requirements of the Specific Plan, City design guidelines, and other City design criteria. (Mitigation Measure) (PW) h. The developer shall construct a new 12"subpotable water pipeline in Ellis Avenue from the connection at the existing 12"subpotable line in Goldenwest Street to the connection point in Saddleback Lane,and in Saddleback Lane adjacent to the development. (PW) i. The developer shall construct a new 8"subpotable water pipeline and a 6"irrigation water pipeline in"A" Street,"B" Street and Derby Lane,unless the developer . chooses to proposed.alterative sizes,as supported by a hydraulic analysis approved by the Water Division. (including lowering/relocation on any interfering oil/fuel lines). (PW) j. The developer shall construct a separate irrigation system(i.e. service,meter and backflow protection device)to serve the individual lots of this development. (PW) k. Backflow protection is required on all domestic and/or combined domestic/fire (water) services. (PW) (98CL1124-20) �i 1. All public utilities shall be located within an easement dedicated to the City. (PW) m. The developer shall improve Goldenwest Street,Ellis Avenue, Saddleback Lane to the centerline and fully improve the private streets to City Standards,including lowering/relocation of any interfering oil/fuel lines and existing utility relocation/modification necessary to install said improvements unless satisfied by the developer under Development Agreement No. 90-1 and approved by the City. (PW) (Mitigation measure) Cn' ' The developer shall design and construct signing, striping, and street lighting in accordance with Public Works Standards and Ellis Goldenwest SP ecific.Plan. All exterior lighting shall be approved by the City of Huntington Beach Planning Department and City Engineer. The proposed height of street lights onsite shall be approved by the Planning Director and Public Works Director. (Mitigation Measure) (PW) o. The developer shall make necessary modifications to the traffic signal at the southwest corner of Goldenwest and Ellis to accommodate the new street improvements. (PW) (Mitigation measure) p. The developer shall construct a final asphalt cap on the south side of Ellis Avenue between Edwards and Goldenwest Streets. (provided the City can insure reimbursement funding)(PW) q. The developer shall complete the installation of_a 12"potable waterline in Ellis Avenue. (connecting the two dead ends)(provided the City can insure reimbursement funding) (PW) r. A reproducible mylar copy and a print of the recorded final map,along with digital graphic files of the recorded map per the City of Huntington Beach"CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. (PW) s. 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) t. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) u. All Public Works fees shall be paid. (PVC v. Goldenwest Street,Ellis Avenue and Saddleback Lane shall be dedicated to the public for street purposes.(PW) w. All common area improvements shall be completed by the developer, or a cash bond may be posted with the Department of Public Works that will guarantee the completion of the common area improvements (98CL1124-21) x. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1. An easement over the private streets for Police,Fire Department, and utility maintenance access purposes. 2. The water system and appurtenances as shown on the improvement plans.. 3. Access rights in, over, across,upon and through the private streets for the purpose of maintaining, servicing, cleaning,repairing,and replacing the water system. (PV ) y. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: a. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. b. Provide a digital-graphics file of said map. (PW) 4. Internal roadway sizing shall be determined in the design phase of the project and may reflect the recommendation in Exhibit 20 of Ellis Goldenwest Specific Plan EIR 88-2. (Mitigation Measure) ' 5. All internal roadways shall comply with the City of Huntington Beach Fire Department's requirements,to provide for adequate access for emergency vehicles. (Mitigation Measure) 6. All other applicable mitigation measures in Environmental Impact Report No. 88-2 shall be adhered to. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the tentative tract map is proposed as a result of the final map plan check process. The Final Tract Map shall not be approved until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature,an amendment to the tentative tract map reviewed by the Planning Commission may be required pursuant to the HBZSO. SUGGESTED CONDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO.98- 42!VARIANCE NO. 98-20: 1, The site plan received and dated September 23, 1998, and floor plans and elevations received and dated October, 14, 1998 shall be the conceptually approved layout with the following modifications: a. The front setbacks for residences on Lots 9, 11, 13, and 23 shall be off set by up to three feet to provide for a better street scene. Specifically,the building pads shall be provided with a minimum 27-28 foot front setback.. (98CL 1124-22) b. Driveways shall be designed to provide a minimum 25 foot turning radius into all garages. c. All elevations shall depict colors and building materials proposed. d. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from'public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) e. Depict all gas meters,water meters,electrical panels,air conditioning units,mailbox facilities and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive,not interfere with sidewalk areas and comply with required setbacks. f. If outdoor lighting is included,energy saving lamps shall be used. All outside lighting shall be directed to prevent"spillage" onto adjacent properties and shall be shown on the. site plan and elevations. (Mitigation measure) g. The Plan One office option will require the Master Retreat so not to exceed four(4) bedrooms. h. The Plan Two five (5)bedroom option shall provide for a three(3)car garage and four (4) open spaces. i. Any proposed fencing on Lots 10, 15 and 21 abutting Derby Lane(north-south)shall be setback a minimum of five(5)feet from the back of curb behind the public utility and pedestrian easement. 2. Prior to submittal for building permits,the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits(architectural, structural, electrical,mechanical and plumbing). b. Lot No. 7 does not meet Fire Department access requirements and will require an automatic fire sprinkler system. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) c. Three(3)fire hydrants shall be installed prior to combustible construction. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (FD) (98CL1124-23) d. A fire alarm system shall be installed and provide the following: 8. Water flow,valve tamper,and trouble detection 9. Audible alarms 10. Smoke detectors (FD) e. Address numbers shall be installed to comply with City Specification No. 428. (FD) f. Names of streets shall be submitted to and approved by the.Huntington Beach Fire Department in accordance with City Specification No. 409. (FD) g. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422, Well Abandonment.(FD) h. The project shall comply with all provisions of the Huntington Beach Municipal Code Section 17.04.085 and City Specification No. 429,Methane District Building Permit •Requirements. (FD) i. All structures(including garage)over 5,000 square feet in size shall be required an automatic fire sprinkler system. (FD) j. Submit three(3) copies of the site plan and the processing fee to the Planning Department for addressing purposes after street name approval by the Fire Department. k. All Fire Department requirements shall be noted on the building plans. (FD). 1. Residential type structures on the subject property,whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that he within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report and plans,prepared under the supervision of a person experienced in the field of acoustical engineering,with the application for building permit(s). (Code Requirement) (Mitigation measure) m. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) n. Floor plans.shall depict natural gas and 220V electrical shall be.stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. o. Water conservation measures shall be implemented as required by State Law: 1. Low flush toilets 2. Low-flow showers and faucets 3. Insulation of hot water lines in water recirculating systems 4. Compliance with water conservation provisions of the appropriate plumbing code (Mitigation measure) Nk (98CLt124-24) 3. Prior to issuance of final grading permits,the following shall be completed: a. A grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. This plan shall also include an erosion and silt control plan for all water runoff during.construction and site preparation work. Final grades and elevations on the grading plan shall not vary by more than one foot from the grades and elevations on the approved tentative map. (PW) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading,chemical and fill properties,retaining walls, streets, and utilities. (PW) (Mitigation measure) c. A Landscape and Irrigation Plan,prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park,Tree and Landscape Division. The developer shall submit irrigation demands to ensure proper irrigation service sizing. Landscaping shall consist of low water demand(drought tolerant) species. (PW) (Mitigation measure) d. In accordance with NPDES requirements,a"Water Quality Management Plan"shall be prepared by a Civil or Environmental Engineer. Water quality BMP and education information shall be included in the CC&R's. (PW) e. The developer shall coordinate with the City of Huntington Beach Traffic Engineering Division in developing a truck and construction vehicle routing plan. This plan shall specify the hours in which transport activities can occur and methods to n,;n;n,i�e construction related impacts to adjacent residents. These plans must be approved by the Department of Public Works. (PW) f. Blockwall/fencing plans shall be submitted to and approved by the Planning Department. An eight(8) foot high perimeter wall shall be installed along Ellis Avenue and Goldenwest Street. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls,and shall include approval by property owners of adjacent properties where necessary. Double walls shall be prohibited. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. The perimeter walls shall be installed as approved by the Design Review Board with similar"split face"material.. 4. Prior to issuance of building permits,the following shall be completed: a. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development.The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location,type, size and quantity of all existing plant materials to remain,existing plant materials to be removed and proposed plant materials; an irrigation plan;a grading plan; an approved site plan and a copy of the entitlement conditions of approval: (98CL1124-25) The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and Ellis Goldenwest Design Guidelines. Any existing mature trees(trunk greater than 10" in diameter)that must be removed shall be replaced at a two to one ratio (2:1)with minimum 36 inch box trees and shall be incorporated into the projects landscape plan. (PW ) (Code Requirement) (Mitigation Measure) b. The Final Map shall be accepted by the City Council,recorded with the Orange County Recorder and a copy filed with the Planning Department. (Code Requirement) c. A sales office and model extent plan shall be submitted to the Planning Department for review and approval. All applicable bonds shall be posted. d. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 5. During construction,the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel(.05%)by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days(first stage smog alerts); e. Discontinue construction during second stage smog alerts.(Mitigation measure) f. Provide for an archeologist to monitor grading activities should grading result in recovery of any archeological material. (Mitigation measure) 6. Prior to final building permit inspection and occupancy of the first residential unit,the following shall be completed: a. All existing and proposed overhead utilities shall be installed underground in accordance with the City's Underground Utility Ordinance. (PW ) b. All electrical transformers shall be installed underground. (PW ) c. Signing, striping and street lighting shall be constructed in accordance with City Standards. (PW ) d. Equestrian fencing shall be erected on either side of the horse trails to separate it from other on site uses. (Mitigation measure) e. All improvements to common areas including equestrian trails,fencing and landscaping unless approved by the City and bonded for. f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. (98CL 1124-26) g. All building spoils, such as unusable lumber,wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 7. All applicable mitigation measures in Environmental Impact Report No. 88-2 shall be adhered to. 8. Any proposed security gate system at the vehicular entryways(access control devices)will require Planning Commission approval of a conditional use permit. Gated entryway plans shall be submitted to the Planning Department for processing and shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall.be reviewed by the Planning,Fire and Public Works Departments and approved by the Planning Commission. 9. Any proposed neighborhood identification entry signage shall comply with the Ellis Goldenwest Specific Plan Design Guidelines and other applicable codes. 10.The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process.. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for, conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS-TENTATIVE TRACT MAP NO. 15691/CONDITIONAL USE PERMIT NO.98-42NARIANCE NO.98 20: 1. Tentative Tract Map No. 15691, Conditional Use Permit No. 98-42 and Variance No. 98-20 shall not become effective until the ten day appeal period has elapsed. 2. Tentative Tract Map No.- 15691, Conditional Use Permit No. 98-42 and Variance No. 98-20 shall become null and void unless exercised within two(2)years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-42 and Variance No. 98-20,pursuant to a public hearing for revocation,if any violation of. these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PV ) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PWi) 6. An encroachment permit shall be regQed for all work within the right-of-way. (PW) (98CL,1124-27) 7. State-mandated school impact fees shall be paid prior to issuance of building permits. 8. The development shall comply with all applicable provisions of the Municipal Code, Building and Fire Departments as well as applicable local, State and Federal Fire Codes, Ordinances, and standards,except as noted herein. 9. Development shall meet all local and State regulations regarding installation and operation . of all underground storage tanks. (FD) _10. Construction shall be limited to Monday-Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11.Park and Recreation Fees shall be paid prior to acceptance of the final map by City Council. The fee shall be based on the August, 1998 appraisal value of$516,500 per acre. 12.The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2)days of the Planning Commission's action. (98CL1124-28) � L f Yea »fy sti+��bs .; '.'o t,vr�••.���'�,;.��w.f�yL�s' J 'r' ''' �C_tt 7�' SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND GOLDENWEST PARTNERS, L.L.C., FOR TRACT NO. 15691 This Agreement("Agreement") is entered into this - _ day of 1999, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GOLDENWEST PARTNERS, L.L.C, a California limited liability company, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 15691; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code of the State of California, and Chapter 225 of CITY's Zoning and Subdivision Ordinance. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 g/agree/subdivid/06/23/99 • • 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do,perform and pay for the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include,but not limited to, the construction of streets, including excavation,paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs;.and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, or provide bonding of, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 2 g/agree/subdivid/06/23/99 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed tinder this Agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be perform ed.for a period of one (1) year from and after the date of City Council acceptance of the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or statement(s) by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 3 g/agree/subdivi d/06/08/99 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 five hundred twenty-one thousand dollars ($521,000)which is one hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for two (2) years after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Two Hundred Sixty Thousand Five Hundred dollars ($260,500)which is fifty percent(50%) of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check; Acceptable corporate surety bond; or 4 g/agree/subdivid/06/23/99 Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney;however, any bond or other security given in satisfaction of this.condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend,hold harmless and indemnify CITY and its elective and appointive boards, commissions, officials, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death,property damage, inverse condemnation, or any combination of these, and resulting from any act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement,but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle 5 g/agree/subdivi d/06/08/99 coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property-damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit; the aggregate limit must be no less than $1,000,000 for this project. Said policy shall name.City of Huntington Beach, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. Under no circumstances shall said above- mentioned insurance contain a self-insured retention, or a"deductible" or any other similar form of limitation on the required coverage. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY; 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the 6 g/agree/subdi vid/06/08/99 foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all.insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails-to complete the work within.the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by CITY (including, but not limited.to::•engineering;.inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to.entry on the subdivision property by'CITY and its forces, including contractors, in the event CITY proceeds to complete.and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the work. Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. REST OF PAGE NOT USED 7 g/agree/subdi vid/06/08/99 E-23-1999 8: 15AM FROG -HERITAGE COMMUNITIES 714 5380 /�(,C '� P. 2 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. GOLDENWEST PARTNERS, L.L.C., CITY OF HUNTINGTON BEACH, a a California limited liability corporation municipal corporation of the State of California By: Mark Jacobs, r s'dent, Heritage Mayor Communities, nc., managing member of Goldenwest Partners, LLC ATTEST: By: Mark Jacobs, Wretary, Heritage City Clerk Communities, nc., managing member of Goldenwest Partners, LLC APPROVED AS TO FORK �d r City Attorney INITIALED AND APPROVED. 0 City Engineer REVIEWED AND APPROVED: City Admi tator Si'6 n a'T'v✓e 6 © < j N C'o v n T-e-A J0 R JUN-23-1999 09:07 714 5380222 98X P.02 • 6-23-1999 8: 15AM FROM HERITAGE COMMUNITIES 714 5380222 P. 2 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. GOLDENWEST PARTNERS, L.L.C., CITY OF HUNTINGTON BEACH, a a California limited liability corporation municipal corporation of the State of California By: Mark Jacobs, President, Heritage Mayor Communities, Inc., managing member of Goldenwest Partners, LLC ATTEST: By: Mark Jacobs, retary, Heritage City Clerk Communities, Inc., managing member of Goldenwest Partners, LLC APPROVED AS TO F R : .�a r City Attorney INITIALED AND APPROVED: �0'L31 City-Engineer REVIEWED AND APPROVED: City AdmieKtator C6 Of60T u tvVes 6. k. Sri ( oonfRerl0a- .� JUN-23-1999 0? 714 5380222 98% P.02 }'�•�.1p5�� � r 7' w ta v, x r Am elf, +^4 £ K r. '�('.'�' +.��:' fit:h,• � � _ . d.e.. t4. N I I have received Faithful Performance Bond No. 444113P, Developers Insurance Company. Labor and Material Bond No. 444113P, Developers Insurance Company. Monument Bond No. 444114S, Developers Insurance Company RE: Tract 15691 —Goldenwest Partners LLC, (Heritage Communities) Approved by City Council 7/6/99—City Clerk Vault file 420.60. Dated: -fK By: 177Y BOND N0. 444113P • PREMIUM AMLO,420.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Goldenwest Partners, LLC (hereinafter designated as"principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated JU,vE 14, , 19 yy ,and identified as project Tract #15691,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now,therefor,we,the principal and Developers Insurance Company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City",the penal SUM of five hundred twenty-one thousand and 00/100--- dollars($ 521,000.00--- lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or its heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save,harmless"City",its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by"City in successfully enforcing such obligation,all to be taxed as costs and included in any judgment rendered. • 1 The surety hereby stipulates and agrees that no charge,extension of time,alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond,and it does hereby waive notice of any change,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on June 16 99 Goldenwest Partners, LLC as Principal By Heritage Communities,-Inc., f q?!J!�/poration, Its Managing Member BY M rk Jaco s resident Developers Insurance Compa }ps Surety B R if A Neuschaefer, torney In Fact By APPRO9LD AS TO 1`0104:1 (:All,ruTT(,)t:,. City AttbrnOY, 1)a-: llu,niL', Gi.ty Ai:t:orn 6/�3�y9 2 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON I��I I BEFOREME, VAteglf' WlLuAm. ,JDrA-gv Publ-,G A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED_ (n A-6� PERSONALLY KNOWN TO ME( R�-E'd}6ENGE) TO BE THE PERSOgtWHOSE N E,kA�k SUBSCRIBED TO THE THIN INSTRUMENT AND �'� ACKNOWLEDGES TO ME THAT T��EXECUTED THE SAME IN R AUTHORIZED CAPACI 1& AND THAT BY T-kg SIGNATUR%ON THE INSTRUMENT THE PERSON$',OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE A�(k o MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ORAV 6 6, COUNTY V41m1�- wItt-111 il1S (NAME PRINTED) MY COMMISSION EXPIRES VAUM wMAM 0mraeC I'@,*Cams Wkw A v I&2= STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON 6/16/99 BEFORE ME, Teresa E. Bury, Notary Public A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Rolf A. Neuschaefer AND PERSONALLY KNOWN TO ME QOtVV�OcX�1VtD0X9{SS�tSIS 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 / 7 SIGNATURE- / r Lt,61, MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR AID STAA IN orange COUNTY Teresa E. Bury (NAME PRINTED) MY COMMISSION EXPIRES May 7, 2003 8075.01 TERESA E BURY commission N 1215481 Notary Public-Califomia Orange County QmyCar—.E)#-MaVL20tti 3 � POWER OF ATTORNEY OF EMNITY COMPANY OF CALIFOF* AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725,IRVINE,CA 92623•(949)263-3300 N° 013707 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.INDEMNITY COMPANY.OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint `16STEVEN C. HARRIS, ROLF A. NEUSCHAEFER, JOINTLY OR SEVERALLY`*"' the true and lawful Attorney(s)-In-Fact,to make.execute.deliver and acknowledge.for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars(S10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24.1986: RESOLVED.that the Chairman of the Board,the President and any Vice President of the corporations be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December,1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY QjdBY V By DanIJ F.Vincenti,Jr. Dante qpincenti,Jr. President OMPANY0 PrUsident 5\t1`URgN pPPOR4jn ��POPPO g1CC' 9 i OCT.5 ATTEST o=MAR.27 y 1967 a 1979 v' 0,4jIFOT", ��C4(19r) P By * By _"_Zo2C4_1W Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 22, 1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,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 y hand and official seal. C.HOLLISTER emy COMM.#1192615 Signature- l ( �/L � Notary Public-Califomia 3ORANGE COUNTY O Comm.Expires AUG.11,2002 F. CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 16 day of June 1999 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY � Y S\NSURgN/ `G 0 P 0941 v Q�r'Q OPP O qPC f F BY Z OCT.Sn BY 2 MAR.27 William T.Sherer y 1967 S William T.Sherer 1979 v Senior+yice President �' c .p yi /IFO�N Senior Vice President .. 0 4(/FOPt� * * ID-314 REV.(12/98) BOND NO. 444113P • PREMIUM Aftluded in Perfolwce Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and '. Goldenwest Partners, LLC (hereinafter designated as"Principal")have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated J UNF /60 19 9�li ,and identified as project Tract 815691 ,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 two hundred sixty thousand, five hundred & 00/100 dollars($ 260,500.00-----------------),for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner 1 8090 affect its obligation on this bond,and it hereby waive notice of any such change,extension, on or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 16 19 99 Goldenwest Partners, LLC ,as Principal By: Heritage Communities, Inc., rporation, Its Managing Member By: lL� ark Jac s, President Developers Insurance Company as Surety By az"' olf . Ne Schaefer, Attorney In Fact By: ATTIWOM AS TO "01114: STATE OF CALIFORNIA ) (all,11u'rTon, :,i y ,i t Coney. )!y:: M""u L" C SS COUNTY OF ORANGE ) rdl2 ,/,9;, �ON /(v BEFOREME, Y�L�eI�- ` ' LUAMS, WV7-fhe-1 i"UBuG A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED I)IN K 1AC033 PERSONALLY KNOWN TO ME BENGE) TO BE THE PERSONS WHOSE N�FXECUTED THE SAME*�E SUBSCRIBED THE N T AUTHORIZED CA ACITf S, �THIN INSTRUMENT AND ACKNOWLEDGE /�C ME THAT AND THAT BY T�iEtR-SIGNATURES ON THE INSTRUMENT THE PERSON;OR THE ENTITY UPON BEHALF OF WHICH THE PERSON�(ACTED,EXECUTED THE INSTRUMENT. WITNESS MY NP SIGNATURE V,lfj MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY , /F,- (NAME PRINTED) ZM �wi;lw�s STATE OF CALIFORNIA ) C v°"U3MV&110Bn9 ) SS COUNTY OF ORANGE ) Myt ortrrt Ewpte�Aup t°.a000 ON 6/16/99 BEFOREME, Teresa E. Bury, Notary Public A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Rolf A. Neuschaefer AND PERSONALLY KNOWN TO ME�� OrQdgX}Nct3t$7r1� €i9t�RX � TO BE THE PERSONS WHOSE NAMESARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURE$ON THE INSTRUMENT THE PERSON$,OR THE ENTITY UPON BEHALF OF WHICH THE PERSON&ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAP �f SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOK SAID STATE IN orange COUNTY Teresa E. Bury (NAME PRINTED) MY COMMISSION EXPIRES May 7, 2003 \� 8090.01 MRESA E BURY 2 _ CommUon#12151a1 Notary Public-C",f.,b 9090 Oronge County My Comm.Bores May 7.20M � POWER OF ATTORNEY OF EMNITY COMPANY OF CALIFO*A AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE,CA 92623•(949)263-3300 N° 013708 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY.do each severally, but not jointly,hereby make.constitute and appoint -STEVEN C. HARRIS, ROLF A. NEUSCHAEFER, JOINTLY OR SEVERALLY*** the true,and lawful Attorneys)-In-Fact,to make,execute.deliver and acknowledge,for and on behalf of said corporations as sureties,bonds.undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000.000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24.1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December,1998, INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V By V Dan F.Vincenti,Jr. Dante incenti,Jr. President ON PANYo PrUsident S\1%SUR4rl, �G 0(iPORq (I _5 q�CC' z CCT.5 0; ATTEST o r o �— MAR.27 y t967 1979 v �yicq(IFOPN�P, y�cq'IFOF�p By Alllw_ * By - A"14U /,teow Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 22, 1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,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 y hand and official seal. C.HOLLISTER r !` � .. pQMy COMM.#1192615 Signature l l �l K � Notary Public-California ORANGE COUNTY Comm.Expires AUG.11,2002 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 16 day of June 1999 i INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY OOPANYp� S\t.%SUR4,y ti 4�Pp ORgf v _ 4�G�PPO 41 C' By z OCT.5 By O 2 MAR.27 O William T.Sherer y 1967 i William T.Sherer "� 1979 Senior�Vice President �2i q/IFO�N\P Senior Vice President y°°q[IFOR�p * * ID-314 REV.(12/98) • BOND NO. 44411 PREMIUM— $300.MW MONUMENT BOND ` KNOW ALL MEN BY THESE PRESENTS: THAT Goldenwest Partners, LLC as Subdivider of Tract No. 15691 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 Goldenwest Partners, LLC (Subdivider) as principal,and Developers 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 $ 15,000.00----,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 16th day of June ,19 99 Goldenwest Partners, LLC ,as Principal By: Heritage Communities, Inc. , a poration, Its Managing Member By: 14afk Jaco President Developers Insuran//ce Company as Surety By: olf . Neuschaefer, Attorney In Fact By: APIIROVFM A" TO r'CINA:i CS IL UMTON, City Ai:'.orGep By: Dcpt;ty Ci I,y Attc:.nov, / /-.;- ;� d�z 3/py ' 8092.01 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON (O A0 ` BEFORE ME, Vi 1i&- Way lYIl. d107 A-o I'k&l r- A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED VYIfige aXtc�S k PERSONALLY KNOWN TOME TO BE THE PERSON WHOSE NAM AfE SUBSCRIBED TO THE�N�THIN INSTRUMENT AND ACKNOWLEDGES TOME THAT TFi Y EXECUTED THE SAME IN TbEtR AUTHORIZED CAPACI4, AND THAT BY i;a SIGNATURE,$ON THE INSTRUMENT THE PERSONt OR THE ENTITY UPON BEHALF OF WHICH THE PERSON*ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE �� _L!'l,(— MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ORh L�� COUNTY (NAME PRINTED) MY COMMISSION EXPIRES /g VALM WUJAM CarrrriWm 0 1108729 Notary Rbk—CaOtarNa Orange Canty Q'y Comm.Expires Aug 18.20M STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON 6/16/99 BEFORE ME, Teresa E. Bury, Notary Public A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED Rolf A. Neuschaefer AND PERSONALLY KNOWN TO ME(=RMRR3MW6X 3d8 HER) TO BE THE PERSON31WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES;ON THE INSTRUMENT THE PERSONS;OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS;ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATUREi6 �� MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR WD STA3t IN orange COUNTY Teresa E. Bury (NAME PRINTED) MY COMMISSION EXPIRES may 7, 2003 TERESA E BURY Commission M 1215481 Notory Public-Cafifomla Orange County 8092.0 l myLamm.50—May 7.20D3 � POWER OF ATTORNEY OF EMNITY COMPANY OF CALIFOF& AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725,IRVINE,CA 92623•(949)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,2002. No— 0 1 3 7 0 9 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make.constitute and appoint ***STEVEN C. HARRIS, ROLF A. NEUSCHAEFER, JOINTLY OR SEVERALLY"`*"` the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation:and all of the acts of said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 22nd day of December,1998. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Q By BYQaDjante4incenti, aAua Dan F.Vincenti,Jr. Jr. President MPANYQF dent 5\NSUR4,y 0`\P 0 q C�, l i CcT.5 a r ATTEST o MAR.27 � y 1967 a � 1979 By * By — Ailf"u—Zi0o Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 22, 1998,before me,C.Hollister,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,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 y hand and official seal. C.HOLLISTER (`/ pemy COMM.#1192615 Signature CC L� � Notary Public-California 3ORANGE COUNTY Comm.Expires AUG.11,2002 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,this 16 day of June 19 9 9 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ` _ 0\APANYQ.e ''{1/�/' S\HSUR4N ` 44'UDPPO q�' n2 CO' y _? OCT 5 �+ By — MAR.27 William T.Sherer y 1967 y William T.Sherer ts79 i Senioryice President °yam^OF �N�P+.? Senior Vice President — o CqC rFOaa\P v * * ID-314 REV.(12/98) 06/25/99 10:10 '&949 474 2141 ROBERT E HARRIS 16002 Ak DATERMONY) 1:0 • 25199 A * f •1 .4.• ...I I On /I THIS CERTIFICATE IS ISSUjlJD AS A MATTER OF INFORMATION �iLlf- r_#v_ . PRODUCER ONLY AND CONFERS NO RIl(lHTS UPON THE CERTIFICATE ROBERT E. HARI I HOLDER. THIS CEFmFicAm l:IOES NOT AMEND, EXTEND OR INSURANCE AGE:iCY, INC. 4 -176 DALTER THE COVERAGE AF 0011!110IED BY THE POLICIES BELOW- P.O. BOX 19 59 COMPANIES JILFFORDING COVERAGE IRVINE CA 92623-9159 COMPANY `liwc? u A UNITED _Pll.l?::rTOL INSURANCE CO. MURED 6-0-1 Theo c9bie-17 f COMPANY HERITAGE CO JNITES', INC. a VILLA PARK PAITNERS, LLC COMPANY 5620 E. SANTIAGO CANYON ROAD C ORANGE, CA 92869 COMPANY D A ia.m j, P Ntm �N; THIS IS TO CERTIFY THAT THE POUl:'AES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 1,UU,IED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING AN' REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOI:UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I'l:Rl:IN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF 13UCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLARts. Co TYPE OF B48URANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS Lyn DATE(MWODNY) DATE(MMMDIYY) 4, QEXML LUWL= 13LA1253008 12719798 12719F99 G:-?IEI:UU-AGGREGATE $2, 000, 000 Nx COMMERCIAL GENEPAL LIABILITY PlICIDJCTS-COMP/OP AGG $1, 000, 000 CLAIMS MADE a OCCUR Plll`&CNAL a ADY INJURY $1, 000, 000 X OWNER-5&CONTRACTORS PROT EliC.1000URRENCE 91 000 000 F Fll-DAMAGE(Any One Ore) s 50, 000 u.:Z)lup(Any one pormn) S 51 000 AuToMOBLE LLABUJTY ANY AM Cl:MSlAIED SINGLE LIMIT s ALL OWNED AUTOS 15:�VIVI INJURY a SCHEDULED AUTOS (f, r Plow) HIRED AUTOS B.Ll[fLil INJURY NON-OWNED AUTOS (PIT w):Id"Q A.rx PlI.CIP11FITY DAMAGE 3 cAnACE LJADLrrV UAIL Al;T0;3NLY-EA ACCIDENT S ANY AUTO JTToij 7 _2:E.JlI THAN AUTO ONLY. EACH AOCIDGNT 8"n, AGGREGATE 5 EXCEW UABLITY t C4Y Attol 12LILO-c—unn UMBRELLA FORM nay Aj:iGFd.SATE OTHER THAN UMBRELLA FORM I EMPLOYERS'LLARIUTV L-T't'l�RY �ER AFORKEM COMPENSATION AND THE PROPRIETOR/ LNCL PARTNCRSfflXECLIrIVE _g.j ffji_AdE-POLICY LIMIT OFFICERS ARE: Fl EXCL ff.ELISHASE-EA EMPLOYEE S 07MR O68CnIPTION OF OPERAMONS/LoCAT1101 'ICLOISPPICUL ITTM CERTIFICATE HOLDER. ITS AGENTS, OFFICERS AND EMPLOY ES ARE NAMED As ADDITIONAL INSUREDS AS RESPECTS OPERATIONS OF THE N MD lr!SURED FOR TRACT # 15691 EXCEPT FOR 1C DAYS NOTICE FOR NON PAYMENT OF PREMIUM ggor. A w" # 0. &HOULD ANY OF THE II OVE OEW��:IZ:::OLICIIEB BE CANCELLM BEFORE TM CITY OF HUNTIl'rGTON BEACH F"MTION DATE THWI ZF, THE I Ul COMPANY WILL IIIIIIIIIIIIIIINIMW MAL 2000 MAIN ST. DAY$WRITTEN N MCE TO T1,12 CTATIFICATE HOLDER NAMED TO TM LEFT, HUNTINGTON BEI!.CH, CA 92648 ATTEN: JENNIFER a PRIESSEArr rn I -- JK A F2,1 Ow ow OWN JUN-25-1999 11:13 949 474 2141 96% P.02 RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 15691 COUNCIL MEETING DATE: July 6, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (if applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached ..... EXPLANATION FOR MESSING ATTACHMENTS . . REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) ...... EXPLANATION FOR RETURN OF ITEM . /n> L. 'S/GN/4IV2F� /42ei Ga=�l Erna Only)(Below Space For City Clerk's Use