HomeMy WebLinkAboutApprove Final Tract Map No. 16497 of Tentative Tract Map No. C
Recorded in Official Records, Orange County
Tom Daly, Clerk-Recorder
INI!IIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllll!illlllll►1111111!NIINO FEE
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: ) 2004001084613 08:04am 12/07/04
200 200 D02 9
City of Huntington Beach
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
)
2000 Main Street )
Huntington Beach, CA 92648 )
Attn: City Clerk )
(Space above for Recorder's use) I
This document is exempt from recording fees
pursuant to Government Code Section 27383. N�j
DECLARATION OF CONDITIONS, COVENANTS
AND RESTRICTIONS FOR PROPERTY
(RESALE RESTRICTIONS)
This Declaration Of io�dTi,t/i�n�S,�C venants And Restrictions For Property (the
"Declaration") is made as of ��C�� /// , 200 '�. , by and between
(the "Covenantor"), and THE CITY OF HUNTINGTON BEACH, a California municipal
corporation (the "City") and the REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH, a public body corporate and politic (the "Agency"). Collectively, the
City and Agency will be referred to as the "Covenantee".
RECITALS
A. Covenantor will be owner of record of that certain real property located in the
City of Huntington Beach, County of Orange, State of California legally described in the
attached Exhibit "A". /Il/�'
B. On J0/_ Y a�y, the el7xl l dU111CII- (City Council or City
Engineer) approved 1 1511WL 7/L&I'H.9P(Final Tract Map or Parcel Map)Number /6-1197 . City
imposed conditions of approval on the Project, requiring Covenantor to submit an Affordable
Housing Agreement Plan (the "Declaration") for review and approval by the Planning
Department. The City further re wired that the plan or declaration shall provide 1-5- % of
the total number of units or 5. number of units to be affordable housing for households
earning less than /0 U % of the Orange County Median Income for a period of sixty years.
The execution and recordation of this Declaration is intended to fully satisfy that condition.
NOW,THEREFORE,the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the affordable unit, or any part thereo
that the property located at 733/ 73y/ 73119 W e(J01 i , which consists of _
GAAGREEMM004\afford house 0411ncl.Housing CC&R-Master 84-04.doc 1
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 13, 2004
Orange Coast Title Company
640 N. Tustin
Santa Ana, CA 92705
Attn: Kevin Reichling, Title Officer
(714)558-2836
Re: Tract Map No. 16497 -Order No. M326100-6
The City Engineer of the City of Huntington Beach approved Tract No. 16497 and authorized
the release of said map for processing by the County.
After recording, please return duplicate Mylar, 2 prints, and a digital file disk of the Tract Map to
Kris Winchak, Department of Public Works, P.O. Box 190, 2000 Main Street, Huntington Beach,
CA 92648.
Sincerely,
Joanjg4t)
nn
City Clerk
Q
Enclosure
JF:pe
Roo 'SSv —
Received by:
J
Dated:
#25 g:/followup/tract(tractmap2002.doc
(Telephone:714-536-5227)
RTY OF HUNTINGTO�N BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Joan Flynn
City Clerk
FROM: Kris R. Winchak
Consultant Plan Checker
SUBJECT: Tract No, 16497 (Authorization to Record)
DATE: June 28, 2004
Please release subject tract to the Title Company for recordation. All requirements have been met per
the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have
been complied with.
TITLE CO: Orange Coast Title Company
TITLE OFFICER: Kevin Reichling
ORDER NO.: M326100-6
LOCATION: W. Side Main St. at Holly St.
PHONE NO.: (714) 558-2836
r
ri25;;W�i 6c h 6
G:/Eng/Winchak/Forms/Map auth to record
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NOTIC`.1OF COMPLIANCE WITH CGr DITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: -3 2 tf
FROM: PLANNING DEPARTMENT
TRACT NO. b
PARCEL MAP NO. N��
PARK AND RECREATION FEES PAID: YES 1 ❑NO
DEVELOPER:
i for:
Howard Zelefsky
Director of Planning
G:\PLANNING\FINAL MAPS\NOTICE OF COMPLIANCE WITH CONDITIONS.doc
Su i� INSURANCE AND INDEMNIFICATION WAIVER
Hof n� MODIFICATION REQUEST
1. Requested by: Jonathan Claudio
2. Date: June 17, 2004
3. Name of contractor/permittee: Bonanni Development
4. Description of work to be performed: Subdivision street improvements
5. Value and length of contract: $200,00.00 - 2 years
6. Waiver/modification request: Cancellation language
7. Reason for request and why it should be granted: Insurance provider will not change
8. Identify the risks to the City in approving this waiver/modification: none
1.041-
b 1 IS toy
Departme Head Signature Date:
APPROVALS
Approvals rrmust be:obtained-:in the order'listed on=this form:_ Two approvals are.required .
for a request to be granted. Approval_from.the City Administrator's Office is only'required if '
Risk Management and the..City Attorney's Office disag-ree
1. Risk Management
Approved ❑ Denied / -a L/,Atz�/
�
Sibnature ate
2. City Attorney's Office
pproved ElDenie j
mra
Signatur D to
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If.`approyed;the'completed:waiver/modification request is;to.be•,submitted to:the-
City Attorney's Office alongvith the-contract for approval. Once the.contract:has been approved,::.
this form-is.to be:filed with the Risk Management`Division of Administrative Services
Waver for Tr 16497 6/17/2004 5:17 PM
RN, 10'. 2004 10: 29AM CRAGIN & PIKE N0. 536 P. 5
•
CERTIFICATE OF INSURANCE
This coal Kate of insurenoe is NOT an insurance policy and does nor emend,extend or filter the casetage afforded by ft policm Iisled hereln
Neaeimotbndino any matireineht.term or condIPM of any mil ats or dher doeurnsnt wkh raWC1 b whim tMe oerti$CMe may be iQbubd a may neAain'
Ire StIpA90 by THe policies oescrOBo herein Is supjeot ro all He terms.ezhmcwns ono conOW01+5 or loch PO rraa%high may altimarnielly Ibret
coverage.Where taferance is made 10 an Aggregate Limit,those 1enfts are Company&ms7Mnan liabilify under the Policy for the entire poky period
eega~of the rxenbef of insureds,damanl9 or oeewren=C.erdfirdte is Issued by bnKe4ft Representtllre.14"i Ioplk% iotured sod
other eadoreenente may only be autboesaad by the c%mliany or lei apposnaed Cane;aL "A.
Date ('9/09/2on4
NAME OF INSURED Bonanni. Development
P.O.ADDRESS 5622 Research Drive HunGinacon beach, CA 92649
insurance Company Name: National Fire and Marine Insurance CoTpoarw
Insurance Company Address: 3024 Hamey Street•Omaha,Nebraska•66131-3580
I'ULt(;Y NUMBtIt i KWU6 Ut NSUKANCr LIMITS LH-11CTNt tVIXES
OOMMEJWUAL ERAL aJ
0 occurrence Form ❑ Gisliw4witade Form
p amp .pp„�;e„a OA/in/2fini OB/A0/20n4
0 Produci scompleted Operallom 12:01 A.M. 12:01 A.M.
O cmer(Solory)
72LPN251535
rolAggropoto Limit s 2,000,000
Products-ComoleledOpen4onsAgglegaleLWA S 2,000.000
VansonalrT,Af?"n"sInlwyLimit S 1.000,000
Esoh Ocasrence Limit s 1.000.n o 0
Fun Damage LIM(illy Ono fife) Y 100.00
Medic t Owenao Limit Orly One Person) S 5.00
Aggregate LIM"an ClAfre EXPenses S N/A
Manse ipt brdo:aaleente applicable
AUTOMOBILE LIABILITY
N/A Bodily Injury Each Person S�l N/A ,,,,
fiachAemdeM S N/.� `4S
Pimmly 0anerpt fluan Acoldwa S `V--�--�N� b
Bodily frgury and Property Domege combined Sipple Lint S A
GARAGE I IAat.ITY
L wft Iryaryam Pr00erty,Damage Auto Arty CHMrtMn A,pn \
Combined Single Leant i N/A s N/A
N/A Agpragate Limit i N A
Ger89eltuepers Inssinoi O Legal LiaNty, S �.
O Direct Exam S
O Dmrom Pmia S N A
[ENcess LIABILII Y13 General Liabiey
Rme o/Primary 1nfYlerraryLimib S N A
h/A oesaUrrils S N/nerW Aggregate Limit S N/A
❑ AMegole L'dhil incki0ve oT Claims Expetae9 N/A
N/A Emproy"Li-wUly b N/A
N/A Other N/A
0ESCRIPr10N OF OPERATIONyLOCA71UNSNEHICLES
RE: Tract 16497 sty of Huntinawn Beach
in me event of any mviedal triangle!n or ew%elfalion of sera PdiciLy,the fnsured'e Representadae iasWmq tnis CertiBeate intend,to,but is not boated
w,NARY life Daily tv 17tmVrrt Inls eerulttent a awreeSOG Or sue
cftenge or eanoetimi0n.the COMPANY uneermea no mapenslomry oy reason of shy
tanU►t of the Insu red's Representativt to Dravida such notillmlon.
This Certificate issued to: By
C f ate i by:
City of Huntington Beach y
Atcnr Public works Department CK=N & PI r TNSTJRANI`E
2000 Main Screec 1`48111 of roked's RepneseMBGve
At-r.ington SeaCh, C-N 92648
M-50444(061002)
units, shall be designated as affordable and shall be held subject to this DeclaratiNor sixty
years from the date of Notice of Completion of units built in Tract Number as
follows:
(a) Each affordable unit shall only be owned and occupied by Covenantor or
by (Very Low-, Low-, or Median-) Income Households", which shall mean
persons or families earning not more than.ONF- N0AIUM A0� /( Obi %) or less of the
Orange County median income, adjusted for household size appropriate for the property as
determined by the Agency based on statistics published by the United States Department of
Housing & Urban Development or established by the State of California, pursuant to Health and
Safety Code Section 50093, or a successor statute.
(b) The affordable unit shall only be sold at an "Affordable Housing Cost" to
(Very Low-, Low-, or Median-) Income Households. Affordable Housing
Cost shall mean the permitted gross sales price of the unit as set forth in the Affordable.Housing
Price/Income Guidelines or successor guidelines published, from time to time, by the City.for:,;
such purpose.
(c) The term of this agreement shall commence on the date this document is .
recorded with the Orange County Recorder's Office and continue for sixty.years ("Affordability .
Period"). The covenant contained in this Section.1 shall run with the.affordable.unit.,and.shall
automatically terminate. and be of no further force or effect upon Ahe:<expiration:;of=the
Affordability Period.
2. Transfer of affordable unit.No transfer of the affordable unit shall occur until
the City determines (a) that the proposed purchaser intends to occupy the affordable unit as the
proposed purchaser's principal residence, (b) that the proposed purchaser is a AlEA//IA)
(Very Low-, Low-, Median-) Income Household, and (c) that the proposed transfer occurs at an
Affordable Housing Cost. In the event that Covenantor (including successors;and:assigns) ,:-.''
desires to sell the affordable unit, Covenantor shall send written notice thereof to the City at the':.;
following address:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: Director of Economic Development
Within seven (7) days of receiving such notice, the City shall send Covenantor. ..
transfer application forms prepared by the City. Such forms shall contain a certification of the
proposed purchaser's intent with respect to his/her/its residency of the affordable unit and
his/her/its gross income, and an affidavit of the proposed purchaser disclosing and certifying the
amount of the proposed purchase price. The City shall not be obligated to approve a transfer
unless and until the proposed purchaser has submitted to the City such information and
completed such forms. In the interest of expediting the close of escrow for such proposed
transactions, the City shall reasonably approve or disapprove such submissions as soon as
practicable after submission of such forms, and in no event later than fourtedfi=.( 4),days
G:\AGREEMT\2004\afford house 04\Ind.Housing CC&R-Master 8-4-04.doc 2
submission of a completed form. If the City fails to approve or disapprove a submission within
such fourteen (14) day period, the City shall be deemed to have approved such transfer in
accordance with the foregoing. Prior to conveyance of the affordable unit, each approved
purchaser shall also submit to the City an executed disclosure statement which certifies that the
purchaser is aware that the purchaser buying the affordable unit may only sell the unit at an
Affordable Housing Cost to a 119.6VA9) (Very Low-, Low-, Median-) Income Household,
that the maximum permitted sales price may be less than fair market value and that the
affordable unit must be owner-occupied at all times and cannot be rented or leased. Covenantor
shall cooperate with the City in providing such forms to proposed purchasers and in assisting
proposed purchasers to prepare such forms and to provide any required information to the City in
connection with only the Covenantor's sale of the affordable unit, provided that the Covenantor
shall not be obligated to incur any out-of-pocket costs in connection therewith, other than
employee time dedicated to providing such assistance.
THE COVENANTOR AND EACH SUCCESSOR, HEIR, OR
ASSIGN OF COVENANTOR UNDERSTAND THAT THE
DETERMINATION OF THE AFFORDABLE HOUSING COST
CAN BE MADE ONLY AT THE TIME OF THE PROPOSED
TRANSFER, TAKING INTO CONSIDERATION INTEREST
RATES, THE TERMS OF SALE OFFERED TO AND THE
ECONOMIC CIRCUMSTANCES OF THE PROPOSED
PURCHASER AND OTHER FACTORS THAT CANNOT BE
ACCURATELY PREDICTED, AND THAT THE TRANSFER
PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE
FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT
INCREASE OR DECREASE IN THE SAME MANNER AS OTHER
SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY
THIS RESTRICTION. COVENANTOR AND EACH SUCCESSOR,
HEIR, OR ASSIGN OF COVENANTOR FURTHER
ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE
TRANSFER PRICE, THE PRIMARY OBJECTIVE OF THE CITY
AND^ TH S DECLARATION IS TO PROVIDE HOUSING TO
HgblAnj (VERY LOW-, LOW-, MEDIAN-) INCOME
HOUSEHOLDS AT AN AFFORDABLE HOUSING COST.
Covenantor's Initi
3. Covenantor shall include in the escrow instructions and Purchase and Sale
Agreements with buyers a provision which requires each buyer to record a covenant which will
run with the land and bind all successors-in-interest or assignees that will ensure that all
subsequent buyers and occupants qualify as 1-166119/V (Very Low-, Low-, or
Median-) Income households. Said covenant shall remain in full force and effect for the
Affordability Period as set forth in Section 1.
4. Non-Discrimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
G:WGREEMT0004\afford house 04\Incl.Housing CC&R-Master 84-04.doc 3
•
religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or martial
status, handicap or disability, in the sale, transfer, use, occupancy, tenure, or enjoyment of the
affordable unit, nor shall Covenantor itself or any person claiming under or through it, establish
or permit any such practice or practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants, subtenants, or vendees in the affordable
unit.
Covenantor and its successors and assigns shall refrain from restricting the sale of
the affordable unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry,
national or ethnic origin, age, family or martial status, handicap or disability, of any person. All
such deeds or contracts shall contain or be subject to substantially the following
nondiscrimination or nonsegregation clause:
(a) In deeds: "The grantee herein covenants by and for himself or
herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or
through them, that there shall be no discrimination against or segregation of, any person or group
of persons on account of race, color, religion, sex, sexual orientation, creed, ancestry, national or
ethnic origin, age, family or martial status, handicap or disability, in the sale, transfer, use,
occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or
herself or any person claiming under or through him or her, establish or permit any such practice
or practices of discrimination or segregation with reference to the selection, location, number,
use or occupancy of tenants, or vendees in the land herein conveyed. The foregoing covenants
shall run with the land."
(b) In contracts: "There shall be.no discrimination against or segregation of,
any person, or group of persons on account of race, color, religion, sex, sexual orientation, creed,
ancestry, national or ethnic origin, age, family or martial status, handicap or disability, in the
sale, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferor
himself or herself or any person claiming under or through him or her, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection,
location, number, use of occupancy of tenants, subtenants or vendee of the premises."
(c) In leases: "The lessee herein covenants by and for himself or herself, his
or her heirs, executors, administrators, and assignees, and all persons claiming under or through
him or her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation
of any person or group of persons, on account of race, color,
religion, sex, sexual orientation, creed, ancestry, national or
ethnic origin, age, family or martial status, handicap or
disability in the leasing, subleasing, transferring, use,
occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any
such practice or practices of discrimination or segregation
with reference to the selection, location, number, use, or
GAAGREEM712004\aff6rd house 04UndHousing CC&R-Master 84-04.doc 4
occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
5. Covenants Do Not Impair Lien. No violation or breach of the covenants,
conditions, restrictions, provisions or limitations contained in this Declaration shall defeat or
render invalid or in any way impair the lien or charge of any mortgage or deed of trust or
security interest.
6. Covenants For Benefit of City. All covenants without regard to technical
classification or designation shall be binding for the benefit of the Covenantee and such
covenants shall run in favor of Covenantee for the entire period during which time such
covenants shall be in force and effect, without regard to whether the Covenantee is or remains an
owner of any land or interest therein to which such covenants relate. The Covenantee, in the
event of any breach of any such covenants, shall have the right to exercise all the rights and
remedies and to maintain any such action at law or suits in equity or other proper legal
proceedings to enforce and to cure such breach to which it or any other beneficiaries of these
covenants may be entitled during the term specified for such covenants, except the covenants
against discrimination which may be enforced at law or in equity at any time in perpetuity.
7. Counterparts. This Agreement may be executed in a number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same document.
8. Applicable Law.
(a) If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of California.
[Signatures and Jurats to Follow]
G:WGREEM71 OWafford house 04Und.Housing CC&R-Master 8-4-04.doc 5
IN WITNESS WHEREOF,the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized as of the date
set forth above.
COVENANTOR: COVENANTEE:
a California CITY OF HUNTINGTON BEACH,
L/,t/TEj 11'4,g/Clly C"6Wr14'U a California municipal corporation
By
Title: Mayor
I/X'By: _ �� City Cl
THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH, a public
body corporate and politic
By: C
Deputy Executive Director
APPROVED AS TO FORM:
p r
City Attorney/AgencyCouifsel
INITI ED AND APPROVED:
Planning Director
REVIEWED AND APPROVED:
City Administrator
G:WGREEMM004\afford house 04Und.Housina CC&R-Master 8-4-04.doc 6
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On _ lot j`� , 200 Y , before me, the undersigned, a Notary Public in and
for said State, personally appeared U J�j f ��o personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her authorized
capacity, and that by his/her signature on the instrument the persons or the entities upon behalf of
which the person acted executed the instrument.
WITNESS my hand and official seal.
ANGELA ERICKSON
COMMIS510
SION#1278S
= Notary public-California =
ORANGE COUNTY c .
My Commission Expires
Signature f Notary Public OCTOBER 25,2004
(SEAL)
ATE OF CALIFORNIA )
ss.
CO Y OF ORANGE )
On . , 2001�, before me, the undersigned, a Notary Public in and
for said State, rsonally appeared �� �! r>e�h Q� �,. jy sonally
known to me to be the person whose
name is subscribed to a within instrument and acknowledged to me that he/she executed the
same in his/her authoriz capacity, and that by his/her signature on the instrument the persons
or the entities upon behalf which the person acted executed the instrument.
WITNESS my hand and acial seal.
Signature of Notary Public
(SEA
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a c h 'e' Ca f •� �D r
A ,
G:WGREEM7\ OMafford house 04Uncl.Housing CC&R-Master 8-4-04.doc 7 11 l I & LA106
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A ck1n D W/9e, dg rd- Fanm
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 2
On e11 11Y
before me,
ss.
W0
L v ' � a `
Date CalC Nam and Title of Officer(e. "Jane Do ,Notary Public")
personally appeared
L
P_/ V/,//� Name(s)of igner(s)
04
1 /L�,
Vriersonally known to me
to be the persoro whose name(Js is(&ubscribed
to the withi instrument and acknowledged to me that
he/sh they executed the same in his/he eir
authorize capaci ies , and that by his/he el
signature on the instrument the perso s , or e
=O_ KELLY LOUISE MANDIC entity upon behalf of which the perso acted,
ommission # 1372899 Z executed the instrument.
ZNotary Public - California >
Orange County
My Comm.Expires Sep 1,2006
WITNESS my hand and lofficial seal. t
Place Notary Seal Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General MeW
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
El ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 , Reorder:Call Toll-Free 1-800-876-6827
EXHIBIT"A"
Legal Description of t11e affordable unit s
(to be inserted)
The property shall mean and refer to that certain real
properties located in the City of Huntington Beach, County of
Orange , State of California, more particularly described as ;
Unit 18 , Lot 1 of Tract 16497 as per map recorded in
Book 860 , Pages 25 and 26 of miscellaneous maps in the office of:the
county recorder of said county, and commonly known as 7333 Bret
Court, Huntington Beach, California 92648;.
Unit 19 , Lot 1 of Tract 16497 as per map recorded in
Book. 860., Pages 25 and 26 of miscellaneous mans in the office of
the county recorder of said county , and commonly known as 7341
Aret Court, Huntington Beach, California 92648 ; and
Unit 20 , Lot 1 of Tract 16497 as per map recorded in
Book 860 , Pages 25 and 26 of miscellaneous maps in the office of
the county recorder of said county, and commonly known as 7349
Bret Court, Huntington Beach, California 92648 ,
JA 10. 2004 10:30AM CRAGIN & PIKE N0. 536 P. 6
a �
POLICY NUMBER: 72LPN251535 COMMERCIAL GENERAL LIABILITY
CO 20 09 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION (FOR USE WHEN CONTRACTUAL
LIABILITY COVERAGE IS NOT PROVIDED TO YOU IN
THIS POLICY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIASIUTY COVERAGE PART
SCHEDULE
Name Of Pennon Or Organkation(Additional Insured): Location Of Covered Operations
city Of Swrtingtor, arnoh Orly iDNrrF.a iotaileme at. which Named
Its Ai ewit,Officers and Smpleyeee insured ppesforan work or ovexstions Wader
CMltraet to t.c Additional Secured
AM; Public Works nepaci.woni:
Bodily Injury And Prr-mhrm 8651a Rates AdvanoP Prnrronorn
Property Dannage Liability cost IPer$1D00 Of Co
A+,byeot to applicable not Applicable Rog Applicable #Mon-ratwid4blo Lae
Policy aggregate and per per our scht-3ule.
)Cevrrence limit o1
lnsureees.
Totat Advance Premium I Il Per our schedule.
(If,ro enity appears above,Infoirnatlon reclulred w complete this endorsement Will be shown fit the Declarations as
applicable to this endorsement.)
A.who Is An Insured (Section U)is amended to 2. Additional Exclusions
include as an insured the person or organization This insurance does not apply to;
(called"additional fturedil slhown.in the Schedule
but only with respect to liability arising out of; al. "Bodily injury" or property damage` for
which the additional insured(q)are nhligatod
nal
7. Your ongoing operations performed for the to pay damages by reason of the assump-
a insured(s)at the location designamd lion of liability in a contract or agreement.
abovaovE;or This exclusion does not apply to liability fior
2. Aite of omissiurrs of Um addilwrral iorwivd(u)fir darnager Ural Oic additional insured(s)
connection with their general supervision of would have in the absence of the contract
such operations. or agreement.
B.With respect to the insurance afforded the&@ addi- b. "Bodily Injury'or"property damage"occur
Donal insureds,the following additional provisions ring after:
apply' (1) All work, including materials, parts or
1. Exclusions b.,c.,g.,h4l),1.,k., L and a.under eeltkptrwit furnished in comedian ian with
Coverage A — Bodily Injury And Property such work. on the project (other than
Damage Liability(Section I—Coverages)do service, maintenance or repairs)to be
not apply, performed by or on behalf of the addi-
Wrivi iuytued(s)at Ure site or the cov-
ered operations has been completed:or
CO 20 09 03 97 Copyright,Insurance Services Office,Inc.,1996 Page 1 of 2 O
Issued Cnl::,e 06/03/2004 - 05r42:16 ?M (ET)
App VED A TO FORM:
�k?loy
E ER M�GRAT .City Attorney
UN, 10. 2004 10:30AM CRAGIN & PIKE N0, 536 P. 7
f • •
i
(2) That portion of"your work"out of which d. "Property damage"to:
the injury or damage arises has been (1) Property owned,used or occupied by or
put to is intended use by any person or rented to the additional Insured(s);
organization other #%an another con-
tractor or subcontractor engaged in (2) Property In the care, custody,or control
performing operations for a principal as of the additional insured(s)or over which
a part of the same project. the additional Insured(s)are for any pur-
c. "Bodily injury' or "property damage"arising Pie exercising physical control;or
out of any act or omission of the additional (3) Any work, including materials,parts or
insured(s)or any of their"employees",other equipment furnished in connection with
than the general supervision by the add- such work,which is performed for the
tional insured(s) of your ongoing operations additional insured(s)by you.
performed for the additional insured(s).
Page 2 of 2 Copyright,Insurance Services Office, Inc., 1996 CG 20 09 03 97 0
Issued Online 06/09/2004 - 05:42:16 PM (ET)
(11) • July 6, 2004 -Cotil/Agency Agenda - Page 11
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the
minutes of the City Council/Redevelopment Agency Regular Meetings of May 17, 2004
as written and on file in the Office of the City Clerk. Submitted by the City Clerk.
Approved and Adopted 6-0-1 (Houchen absent)
E-2. (City Council) Approve Budget Appropriation Revision for Building and Safety
Department's 2003-2004 Budget to Maintain Established Levels by Expanding
Contract Plan Review Services for Medium Size Projects (320.45)—Approve the
budget appropriation of$25,000 from Unappropriated General Fund account to the
Department of Building and Safety Professional Services operating expense account.
Submitted by the Building and Safety Director. Funding Source: Appropriate $25,000
from the Unappropriated General Fund Balance to professional services operating
expense account in the Department of Building and Safety.
Approved 6-0-1 (Houchen absent)
E-3. (City Council) Approve Final Tract Map No. 16497 of Tentative Tract Map
No. 16497 (Seacliff Palms 1 Lot Subdivision) s/w Corner of Main Street and Holly Street
at 19119 Main Street (Holly-Seacliff Specific Plan) —Approve Subdivision Agreement
with Main Street Townhomes, a California Corporation (420.60) 1. Approve Final Tract
Map No. 16497 and accept the offer of dedication, improvements, and bonds pursuant to
findings and requirements (ATTACHMENT NO. 1); and 2. Approve the Subdivision Agreement
By and Between the City of Huntington Beach and Main Street Townhomes HB, Inc. for Tract
No. 16497(A California Corporation) and authorize execution by the Mayor and City Clerk.
(ATTACHMENT NO. 6). Attachment No. 1 — Findings for Acceptance of Final Map (1) Final
Tract Map No. 16497 is in conformance with the California Subdivision Map Act, the City of
Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16497 Conditions of
Approval, as approved by the Planning Commission. Requirements; (1.) Acceptance of offer
of dedication shall be subject to completion of improvements and requirements shown on the
final map. (2.) The City Clerk shall file the following bonds with the City Treasurer: (a) Faithful
Performance Bond No. 41006644 (Attachment No. 7); (b) Labor and Material Bond No.
41006644 (Attachment No. 7); (c) Monument Bond No. 41006643 (Attachment No. 7). (3.) The
City Clerk shall affix her signature to the map and release it for recordation by the County of
Orange. Submitted by the Planning Director. Funding Source: Not Applicable.
Approved 5-0-1-1 (Hardy abstained, Houchen absent)
i
RECEIVED BY: i • CITY CLERK RECEIPT COPY
S Ub0,� Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
i (Date)
(
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Sh i Freidenrich, City Treasurer
FROM:
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
(Compa�ie) '
Faithful Performance Bond No. 27 /Qy 466
Labor and Material Bond No. /00 f�
Monument Bond No. 00 l0(o
Maintenance Bond No. ~'
f Re: Tract No.
I
CC No.
MSC No. 1 �
i
Approved 7 0 Agenda Item No.
(Coubcil Approval Date)
City Clerk Vault No. A6 60
#27 g:/followup/bondletter doc
CITY OF HUNTINGTON BEACH
L Lj
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: i9)&1A) �T Cs2'f �Dl.�A1)`fd�'►'lt� ATTENTION: 4e Ab Ns
Name
DEPARTMENT:
Stre t �n �" ,,
�/'� REGARDING uctsl�r V/.S/0,1.) AU6&"&1o0
City,state,Zip Zb 7 f /Z lc r /to S49 I-
See Attached Action Agenda Item G Date of Approval 741-3\0 Q1(
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
City Oe,
Attachments: Action Agenda Page ✓ Agreement Bonds Insurance ' �-
RCA Deed Other
CC: 6- 2L—'L z7=SKV t.�4n1.•�inl ✓ ✓ ✓
ZN nent RCA Agreement hcu*a++ce Other
. TA-c.z NIar, ,i
Name Depetment RC✓ —Agreement Itto,*anrP Ot}�
Name Depart nent RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
gJfollowup/letters/coverltr.doc (Telephone:714536-5227)
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
>IR4 CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Sh i Freidenrich, City Treasurer
FROM:
DATE: DO
SUBJECT: Bond Acceptance
I have received the bonds for AAXA) �
(Co/mpa
ny Name)
Faithful Performance Bond No. too 46 V
Labor and Material Bond No. `'7`- /00 e, �A
Monument Bond No. 6 zoo /o 4
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved 146 A Agenda Item No.
(Co cil Approval Date)
City Clerk Vault No. — , 60
#27 gJfollowup/bondletter doc
.�2 crsM1 YQ hJ L) x
ILI
Council/Agency Meeting Held: 7 � F36
Deferred/Continued to:
Approved El Conditionally Approved ❑ Denied wr1 Tle 's Sit ure
Council Meeting Date: July 6, 2004 Departme D Number: PL04-11
CITY OF HUNTINGTON BEACH o c
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS zt ;
Q �
SUBMITTED BY: PENELOPE CULBRETH-GRAFT, City dminis ra o .o
PREPARED BY: HOWARD ZELEFSKY, Director of Planning �`A` ,C"I
SUBJECT: APPROVE FINAL TRACT MAP NO. 16497 OF TENTATIVE TRACT
MAP NO. 16497 (SEACLIFF PALMS 1 LOT SUBDIVISION)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Final Tract Map No. 16497, located on the southwest corner of Main Street and Holly Street
is being submitted for City Council approval.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Approve Final Tract Map No. 16497 and accept the offer of dedication, improvements,
and bonds pursuant to findings and requirements (ATTACHMENT NO. 1)."
2. "Approve the Subdivision Agreement between the City and Main Street Townhomes, a
California Corporation, and authorize execution by the Mayor and City Clerk
(ATTACHMENT NO. 6)."
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Deny Final Tract Map No. 16497 and reject the offer of dedication, improvements and
bonds."
• REQUEST FOR ACTION •
MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PL04-11
Analysis:
A. PROJECT PROPOSAL:
SUBDIVIDER: Bonanni Development
5622 Research Drive
Huntington Beach, CA 92649
ENGINEER: DMS Consultants
12377 Lewis Street Ste. 101
Garden Grove CA 92840
LOCATION: 19119 Main Street (Southwest corner of Main Street and Holly Sreet)
ZONE: SP-9 (Holly-Seacliff Specific Plan — Residential Medium-Density)
GENERAL PLAN: RM-15-sp (Residential Medium-Density — 15 units per acre maximum —
specific plan)
NO. OF ACRES: 1.43 acres/ 62,160 sq. ft. (gross)
NO. OF NUMBERED LOTS: 1
NO. OF LETTERED LOTS: 0
NO. OF UNITS: 20 (attached residential condominium units)
DATE OF COMPLETE APPLICATION: June 21, 2004
MANDATORY PROCESSING DATE: July 21, 2004
DISCUSSION:
On November 12, 2003, the Planning Commission approved Tentative Tract Map No. 16497
in conjunction with Conditional Use Permit No. 03-22 for the construction of 20 attached
residential condominium units. Tentative Tract Map No. 16497 is a 1.43-acre 1-lot
subdivision.
The subdivider has satisfied the park and recreation requirement for this project by applying
.187 acres of previous parkland credit for a portion of the site that is a development
agreement property in combination with paying $146,7489.14 for the remaining portion of the
site that is not a development agreement property. The 15% affordable housing requirement
for this project has been satisfied by assignment of 3 units within the project site.
PL04-11 -2- 6/17/2004 9:12 AM
• REQUEST FOR ACTION •
MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PL04-11
The final map has been examined and certified by the City Engineer as being in conformance
with the conditions of approval of the tentative map, as filed with, amended and approved by
the Planning Commission on November 12, 2003.
Environmental Status:
This action to accept Final Tract Map No. 16497 is exempt from the requirements of the
California Environmental Quality Act pursuant to Section 15268(b).
Attachment(s):
City Clerk's
Page Number No. Description
1 Findings and Requirements for Acceptance of the Final Map
2 Vicinity Map
3 Tentative Tract Map No. 16497 with site plan
4 Tentative Tract Map No. 16467 Findings and Conditions of Approval
5 Final Tract Map No. 16497
6 Subdivision Agreement
7 Bonds (Monument, Labor and Materials, Faithful Performance)
RCA Author: Rami Talleh/Herb Fauland
PL04-11 -3- 6/17/2004 9:12 AM
ATTACHMENT 1
ATTACHMENT NO. 1
FINDINGS FOR ACCEPTANCE OF FINAL MAP
Findings for Acceptance of Final Mau:
1. Final Tract Map No. 16497 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16497
conditions of approval, as approved by the Planning Commission.
Requirements:
1. Acceptance of offer of dedication shall be subject to completion of improvements and
requirements shown on the final map.
2. The City Clerk shall file the following bonds with the City Treasurer:
a. Faithful Performance Bond No. 41006644 (Attachment No. 7).
b. Labor and Material Bond No. 41006644 (Attachment No. 7).
c. Monument Bond No. 41006643 (Attachment No. 7).
3. The City Clerk shall affix her signature to the map and release it for recordation by the
County of Orange.
ATTACHMENT 2
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L � _ l _ _• .. . _,�c wrn_a osrvN+rn LLrmen�z�mx a:
1 . D� TENTATIVE TRACT NO. 16497
SECTION A-A SECTION S-S SECTION C-C t IO Qs
a xrs CONDOMINIUM PURPOSES
dLTF•n9AAR] BDFEr 1 w i
ATTACHMENT 4 1
FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 16497/CONDITIONAL USE PERMIT NO. 03-22
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act(CEQA) pursuant to
Section 15182 of the CEQA Guidelines because the City has prepared an environmental impact report
for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or
negative declaration is.needed for a residential project undertaken pursuant to and conformance to the
specific plan.
FINDINGS FOR APPROVAL -TENTATIVE TRACT MAP NO. 16497:
1. Tentative Tract Map No. 16497 for a one lot condominium subdivision on approximately 1.42 acres
for development of 20 attached townhome units is consistent with the General Plan Land Use
Element designation of Medium Density Residential on the subject property, or any applicable
specific plan, or other applicable provisions of this Code. The proposed residential subdivision for
the development of ten townhouse units is permitted in the Medium Density Residential (RM)
designation of the Holly Seacliff Specific Plan:
2. The site is physically suitable for the type and density of development. The project density of 14
dwelling units per acre complies with the maximum permitted density of 15 dwelling units per acre in
the General Plan and Holly Seacliff Specific Plan.
3. The design of the subdivision or the proposed improvements will not cause serious health problems
or substantial environmental damage or substantially and avoidably injure fish-or wildlife or their
habitat. The project will comply with all mitigation measures identified in Environmental Impact
Report No. 89-1.
4. The design of the subdivision or the type of improvements will not conflict with easements, acquired
by the public at large, for access through or use of, property within the proposed subdivision unless
alternative easements, for access or for use,will be provided. The subdivision will provide all
necessary easements and will not affect any existing easements.
FOR APPROVAL-CONDITIONAL USE PERMIT NO. 03-22:
1. Conditional o. 03-22 for the establishment, maintenance ation of the 20 unit
townhouse project wi rimental to the general welfare ons working or residing in the
vicinity or detrimental to the v • 11 roperty and im ents in the neighborhood. The
proposed site layout and design of the o apts the proposed structures to streets
driveways, and other adjacent structures a armonious manner. The proposed
development is designed in a manne stent it ent anticipated by the Holly Seacliff
Specific Plan and the immediat
2. The conditional,use will be compatible with surrounding uses beca oposed
residential use ' sistent and complementary to existing uses in the vicinity. ct design is
similar to sidential project located to the north and south of the subject site and is ing
with t ulti-family neighborhood. Furthermore, compliance with the mitigation measures o
E nmental Impact Report No. 89-1 and code provisions will ensure that the project will be
(03NOA1112) Attachment No. 1.1
compatible with other area developments.
he proposed 20 unit townhome subdivision will comply with the provisions of the base district and
applicable provisions in the Holly Seacliff Specific Plan and any specific condition reqAAd for
the sed use in the district in which it would be located. The proposed residential meet all
code pr ' ns, including setbacks, density, open space, and parking.
4. The granting o conditional use permit will not adversely affect the Gene r an. It is consistent
with the Land Use ent designation of Residential Medium Density o 1 e subject property. In
addition, it is consist e ith the following goals and policies of the G al Plan:
LULU 9.1.3: Require that mu mily residential projects be de ' ed to convey a high level of quality
and distinctive neig I hood character as disc d below:
a. Design building eleva '• treatment - onvey the visual character of individual units
rather than a singular bu m nd volumes.
b. Include separate and well- entries to convey the visual character of individual
identity for each residen . unit, may be accessed from exterior facades, interior
courtyards, and/or c on areas.
c. Include an ade a landscape setback alo a street frontage that is integrated
with abuttin - ewalks and provides continuity ughout the neighborhood.
LU 11: Achieve development of projects that enable residen live in proximity to their
.jobs, • mercial services and entertainment, and reduce t eed for automobile use.
Objective HE .1: Encourage the provision and continued availability of a r • of housing types
throughou a community, with variety in the number of rooms and level of amens
The posed project will consist of attached townhouse condominium units that have p
s unding each entry area to delineate the entry to the unit. Through the use of different and
aterials the units will appear to be individual units and will break up the mass of the buildings.
CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 16497:
1. The tentative tract map for a one lot condominium subdivision on approximately 1.42 acres for
development of 20 attached townhome units received and dated September 10, 2003 shall be the
approved layout with the following modification:
a. The tentative map incorrectly indicates "Main Avenue" and "Holly Avenue". The map shall be
revised to indicate "Main Street" and "Holly Street".
2. Prior to submittal of the tract map to the Public Works Department for processing and approval,
CC&Rs shall be submitted to the Planning Department and approved by the City Attorney, at
least 90 days before City Council action on the final map. The CC&Rs shall reflect the common
driveway access easements, and maintenance of all walls and common landscape areas by the
Homeowners'Association. The CC&Rs must be in recordable form prior to recordation of the
map.
3. A privately maintained lighting system, consistent with City standards, shall be constructed along
the private driveways in this subdivision. A photometric analysis shall be provided which
(03NOA1112) Attachment No. 1.2
demonstrates that such lighting will not negatively impact the existing or future residences to the
north, south and west.
4. The sewer and drainage systems on-site shall be private and maintained by the Homeowners
Association.
5. No openings through the existing raised median in Main Street will be permitted for driveway
access to the proposed development.
ONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 03-22:
1. ite plan, floor plans and elevations received and dated August 29, 2003 shall be t
con c ually approved layout with the following modifications:
a. The mum driveway approach width shall be 27 feet consistent with Stan Plan 211. (PW)
b. The side k adjacent to Building A, shall align to the sidewalk on the no - esterly side. (PW)
c. A four-foot um width pedestrian walkway shall be provided alon a Building A side of the
main entry driv y and along each side of the main entry drivewa , m the Buildings A and B
walkways to the e . ting sidewalk along Main Street. Complianc th all ADA requirements for
pedestrian access f each unit to the public sidewalk along Street must be demonstrated.
WWII
e. Depict the location of all meters, water meters, electri anels, air conditioning units,
mailboxes (as approved by United States Postal Se e), and similar items on the site plan
and elevations. If located on a • ilding, they shall be hitecturally designed into the building to
appear as part of the building. T I shall be archite , rally compatible with the building and non-
obtrusive, not interfere with-sidewal eas and co y with required setbacks.
g. The driveway entrances shall have text d an lored pavement (behind sidewalk on private
property)for a depth of 25 ft. The landsc ethan within the driveway entrance shall be
reduced to a length of 25 ft(behind sidewa private property). The landscaped planter
adjacent to unit no. 6 shall be increased • 'mum of three feet to provide an increased buffer
between the entrance of the garage a • e driv y.entrance.
h. Introduce a second color palette co sting of varyin hades of the proposed color palette and
alternate the colors of each buildi •. Colors used sha a reviewed and approved by the
Planning Department.
2. Landscape plans shall be subm' d to the City Landscape Arc ct for review and approval. Said
plans shall incorporate native getation as permitted by the app ed landscape palette of the Holly
Seacliff Specific Plan.
3. The Planning Director a res that all conditions of approval herein a mplied with.. The Planning
Director shall be notifi • in writing if any changes to the site plan, elevati and floor plans are
proposed as a resul • the plan check process. Building permits shall not I issued until the
Planning Director s reviewed and approved the proposed changes for con ance with the intent
of the Planning mmission's action and the conditions herein. If the proposed nges are of a
substantial n re, an amendment to the original entitlement reviewed by the Plan g Commission
may be re ed pursuant to the Huntington Beach Zoning and Subdivision Ordinan
4. The ap nt and/or applicant's representative shall be responsible for ensuring the a racy of all
plan d information submitted to the City for review and approval.
5. Te ative Tract Map No. 16497 and Conditional Use Permit No. 03-22 shall comply with all applicable
igation measures of FEIR No. 89-1.
(03NOA1112) Attachment No. 1.3
ATTACHMENT 5 1
ALL OF 1 Or 2 S ACCEPTED AND FILED AT THE REQUEST OFE TRACT N0. 16497 • •
SHEET 1 OF 2 SHEETS COMMONWEAL7H LAND 111LE INSURANCE COMPANY
NUMBER OF LOTS: 1 DATE
TOTAL ACREAGE: 1.423ACRES TIME FEE S
DATE OF SURVEY.' DECEMBER 200J INSTRUMENT N0.
WALTER F LUNDIN, L.S. 7707 TRACT NO. 16497 OFOMISCELL—PAGE
ANEOUS MAPS
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA TOM DALY
BEING A SUBDIMSION OF LOTS 28,29&30 OF BLOCK'B'OF-GARFIELD STREET ADDITION TO HUNTINGTON BEACH'IN COUNTY CLERK—RECORDER
THE CITY OF HUNTINGTON BEACH AS SHORN ON A MAP FILED IN BOOK 7,PAGE 27&28 OF MISCELLANEOUS MAPS,IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,CALIFORNIA BY:
DEPUTY
WALTER F. LUNDIN, L.S. 7707 DMS CONSULTANTS
FOR CONDOMINIUM PURPOSES
OWNERSHIP CERTIFICATE - CITY ENGINEER'S STATEMENT
W THIS UNDERSIGNED.BEING ALL PARTIES HAVING ANY RECORD 7771E INTEREST I HEREBY STALE THAT i HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO RE
IN THE LAND COVERED BY THIS MAP,00 HEREBY CONSENT TO THE PREPARATION SUBSTANTIALLY IN CONFORMANCE WITH THE TENTA17W MAP,IF REWIRED,AS FILED WITH,
AND REMRDA71ON OF SO MAP,AS SHORN NTTHN THE DISMC71W BORDER UNE AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION THAT ALL PROVISIONS OF THE
SUBDIVISION MAP ACT AND C47Y SUBDIVISION REQUIARONS HAVE BEEN COMPLIED WITH AND
RE HEREBY DEDICATE TO THE CITY O HUNTINGTON BEApE THE NAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED TO BY THE COUNTY
SURVEYOR
1. A BLANKET EASEMENT OVER LOT 1,FOR POLICE FIRE AND EMERGENCY SERVICES.
2. AN EASEMENT FOR PUBLIC SIDEWALK ACCESS PURPOSES AS SHORN ON SAID MAP DATED THIS DAY OF-,1004
RE ALSO HEREBY RELEASE AND RELINQUISH TO THE CI7Y OF HU NRNGTON BEACH
7. ALL VEHICULAR ACCESS RIGHTS TO MAIN STREET AND HOLLY STREET EXCEPT ROBERT F.BEARDSLEY
AT LWA71ONS APPROVED BY THE PLANNING COMMISSION. DIRECTOR OF PUBLIC MWKS
MAIN S7REFT TDWNNOMES U.C. CITY OF HUN71NGTON BEACH .
AaE NO 22U
EOFIRA77ON DATE 12/31/05
BTITE: T17LE: SURVEYOR'S STATEMENT
HOUSING CAPITAL COMPANY,A IIINNESO7A PARTNERSHIP BENE77pARY UNDER DEEDS THIS MAP WAS PREPARED BY ME M UNDER MY DIRECTION AND 6 BASED UPON A FIELD
RECORDED AUGUST S 200J AS INSTRUMENT NT R7 10Sh7P B YMC OR SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF SUBDIVISION YAP ACT AND LOCAL.
ORDINANCE AT THE REQUEST OF MAIN STREET TOWHOYES LLG,ON DECEYBER 20Oi
I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITION
INDICATED,OR THAT THEY WILL BE SET IN SUCH P0.0710NS AND MAT SAID MONUMENTS ARE
SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
I HEREBY STATE THAT THIS FWAL MAP SUBSTAN77AUY CONFORMS TO THE CONDINONALLY
APPROVED TENTATIVE MAP.
NOTARY ACKNOWLEDGMENT
STATE OF CA90MA) TARE �T
)Ss OF F. (F1)aA u
COUNTYWALM?F.LUNDIN,LS 707
M THIS BEFORE ME REGISTRATION EXPIRES: 12/JI/04
PERSONALLY APPEARS) 7707
PERSONALLY XNOM TO ME M PROVED 70 ME ON THE BASIS OF SATISFACTORY
EVIDENCE,TO BE THE PERSON(S)KNOW NAYE(S)LS/ARE SUBSCRIBED TO THE MT?0
INSMUMENT AND ACOOWIEDGED TO ME THAT HE/THEY EXECUTED THE SAME IN
HIS/HER/T ER AUTHORIZED CAPACITY,AND THAT BY HIS/THEIR SIGNATURE(5)ON
THE INSTRUMENT THE PERSON(SA OR TE ENTITY UPON BEHALF OF MOC H THE PERSONS
ACTED,EIMTED THETISTRUMENT, CITY CLERK'S CERTIFICATE
MINESS MY HAND: STATE OF CALIFORNIA )
) SS
COUNTY O.ORANGE )
SIGNANRE MY PRINCIPAL PLACE OF BUSINESS IS I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE 07Y
NOTARY PUBLIC IN AND FOR SAID STATE IN MANGE COUNTY. COUNCIL OF 7HE CITY OF HUN77NGRXN BEACH AT A REGULAR WERNG THSREGF HELD
ON THE DAY OF 2004, AND THAT 7HEREU11ON
MY COMMISSION EXPIRES SAID COUNCIL DU,BY AN ORDER DULY PASSED AND ENIM.APPROVE SAID MAP.
AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTINGTON BEACH:
NOTARY ACKNOWLEDGMENT
STARE OF CALffMMA)
1. A BLANKET EASEAW OVER LOT 1,FOR POLICE FIRE AND EMERGENCY SERVICES
1 ss 2 AM EASEMENT OF
ENT FOR PUBLIC SIDEWALK ACCESS PURPOSES AS SHORN ON SAID MAP.
ON THIS HUME ME 3 THE VEHIWLAR ACCESS RIGHTS TO MAW SIREFT AND HOLLY STREET AS RELEASED I
PERSONALLY APPEARED AND RELINQUISHED
PERSONALLY XNORN M ME(OR PROVED TO YE ON THE BASIS OF SATTWACTMY AND DID ALSO APPROVE SUELECT NAP PURSUANT 10 THE PROVISIONS M SECTOR
EVIDENCE)TO BE THE PERSONS)NOW NAYE(S)IS/ARE SUBSCJOBm TO THE WITHIN AND D(aALSO k(C)OF THE T MAP
MAP ACT:
WSMUMEUIT AND ACKNOWLEDGED 7V ME THAT HE/MEY OM70 THE SAME IN
M5/Hm/THER AUMOWED CAPACm AND THAT BY HIS/1f0R SIGNAIURE(S)ON DA70 TdS DAY OF ,2004
THE INsiRUMENr THE PERsoN(sA OR THE ENnrY UPON BEHALF OF*am THE PERSONS
ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND,
GZ-EHR1N4 ASSISTANT tl>Y BY
CITY OF HUN7WGION BEACH DEPUTY
SIGNATURE MY PRINCIPAL PLACE OF BUSINES 15
NOTARY PUBLIC IN AND FOR SAID STATE IN_MANGE COUNTY. CITY PLANNING COMMISSION CERTIFICATE
MY pYLMLSSILN EXPIRES L HOWARD ZEIEFSKY,SECRETARY TO THE PLANNING COVMISSION OF THE CITY OF
HUNTINGTON SUCK CAUFU R IA.00 HEREBY CERTIFY THAT I HAVE D M01m THIS MAP
AND HAVE ROUND IT I0 BE SUBSTANTIALLY THE SAME AS THE TENTATIVE NAP FILED
COUNTY TREASURER-TAX COLECTOR'S CERTIFICATE WITH,AMENDED AND APPROVED BY THE IUNiWGTON BEACH CITY PLANNING
STATE OF CALIFORNIA ) COMMISSION.
)Ss DATED INS DAY OF 2004.
COUNTY OF ORANGE ) (DAY) (MONTH)
I HEREBY CERTIFY 774AT ACCORDING TG THE RECORDS OF MY OFFICE;THERE ARE NO I
LIENS AGAINST THE LAND COVERED BY THIS YAP OR ANY PART THEREOF FOR UNPAID
STALE COUNTY.MUNICIPAL OR LOCAL TAXES M SPECW ASSESSMENTS COLLECTED AS HOWARD ZEIEFSKY,SECRETARY
TAXES.DXCEFT TAXES OR SPECIAL ASSESSMENTS M I TED AS TAXES NOT YET CITY OF HUNTINGTON BEACH PLANNING COMMISSION
PAYABLE
SIGNATURE OMISSIONS
AND DO CERTIFY M THE RECMDER OF MANGE COUNTY THAT THE PROVISIONS ON PURSUANT 70 THE PROVI40N5 ON SECTION 6613E(a)(J)(A)&(C)ON THE SVBDMSION YAP
THE SUBDLVISIQN MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TV ACT,THE FOLLOWING SIGNATURES HAVE BEEN ONM7ED.
SECURE PAYMENT OF TAIffS M SPECIAL ASSESSMENTS COIECTED AS TAXES ON THE
LAND COVERED BY THIS MAP.
I. HUNIWCTON BEACH COYPARY HOIDEN OF AN EASEMENT FOR PUBLIC UIH11Y PURPOSES
DATED TITS BAY OF 2004. IN 7HE S7REE7S DEDICATED THEREIN AND AN EASEMENT FOUR FEET IN WIDTH ALONG
(DAY) (YONM) THE BACK LOT LINES SHORN THEREON FOR IRRIGATION WATER RAINS AND POLE LINES
PER GARRaD STREET ADDITION TO HUNTWGTM BEACH MAP,RECORDED MR 7/27-2&
MAkIN M.W.MOORLACH 2 THE TEXAS COMPANY,HOLDER OF AN EASEMENT FOR PIPESh POLES MWE5 AND INCIDENTAL
COUNTY RER-TAX CULLECTOR BM. PURPOSES PER SK 2J7/WD O.R.AND BK 777/298 OR THESE ARE BLWKET W NATURE
DEPUTY ER-TAX COLLEC OVER LOT 28 AND NOT SHORN HERE ON.
3. HUNTNGTON BEACH COMPANY,A CALIFORNIA CWM 71M HOLDER OF OL GAS AND
COUNTY SURVEYOR'S STATEMENT MINERAL RW73 BELOW 500 FEET WITH NO SURFACE ENTRY RIGHTS PER DOCUMENT
RECORDED,TUNE S 1991 AS INSTRUMENT NO.91-273901 M.
I HEREBY STATE THAT 1 HAVE EXAMINED INS MAR AND HAVE FOUND THAT ALL
MAPPING PROVISIONS OF THE SUBDMSION MAP ACT HAVE BEEN COMPLIED WITH
AND I AM SATISRED SAD MAP IS TECHNICALLY CORRECT RE ARW 70 THE
TRACT MAP BOUNDARY. -
OA7m THIS DAY OF ,2004
RAYMOND L MATHE COUNTY SURVEYOR
LS 6785 WIRI77ON DATE 03/31/06
OF
ALL TD LOT
TRACT N0.18497 • TRACT N O. 16 4�l' -
SHEET 2 OF 2 SHEETS
NUMBERED LOT 1
TOTAL ACREAGE
GROSS.1.423 ACRES-NET-1.423 ACRES -
DATE of.LUNDIN IL&77 7 zooJ IN THE' CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
WALTER F.WNDLN,LS n07
FOR CONDOMINIUM PURPOSES
DECEMBER 2003 WALTER F. LUNDIN, L.S. 7707.
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a
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MAIN STREET TO' TMHOITES HB. INC .
FOR TRACT NO. 16497
THIS AGREEMENT ("Agreement") is entered into this day of
[..�/ 2 QO by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY,"
and Hain Street Townhomes HB, Inc. a California corporation, 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.
16497 ; and
As a condition of the approval of and prior to the recordation of this subdivision map,
SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain
other improvements in the subdivision; and
SUBDIVIDER desires to enter into an agreement with CITY to delay performance of
certain of the work; to agree to perform this work as herein provided; and to execute and deliver
to CITY bonds for the faithful performance of this agreement, for the payment of all labor and
material in connection therewith, and for the guarantee and warranty of the work for a period of
one.(1) year following completion and acceptance thereof against any defect in work or labor
done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the
California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance.
agree/forms/subdiv 10-18-01/9/27/02 1
NOW, THEREFORE, in consideration of the promises and agreements of the parties as
herein set forth,the parties agree as follows:
1. GENERAL IMPROVEMENTS
SUBDIVIDER hereby agrees to do and perform and pay for all of the work in
said tract required by the conditions of approval of the subdivision map not completed at the
time of the recordation thereof, including, but not limited to, the construction of: streets,
including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including
construction of main lines and lot laterals and structures; street lights; street signs; and domestic
water systems, including the construction of water mains, services and installation of meters.
SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions
as required by CITY ordinance or resolution and as may be required by the City Engineer. All
of the work shall be done and performed in accordance with the plans, specifications and profiles
which have been approved by the City Engineer and filed in the office of the City Engineer. All
of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall
be completed on or before two (2) years from the date hereof, unless the conditions of approval
of the subdivision map require an earlier completion date. All labor and material bills therefor
shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until
completion of all these improvements.
2. ARTERIAL HIGHWAY IMPROVEMENT
SUBDIVIDER agrees to complete all arterial highway improvements, including
perimeter walls and landscaping required by the conditions of approval of the subdivision map,
prior to release or connection of utilities for occupancy for any lot in the tract.
agree/forms/subdiv 10-18-01/9/27/02 2
3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligations as stated herein for a period of one (1) year following the date of City Council
acceptance of same.
4. PLANT-ESTABLISHMENT WORK
SUBDIVIDER agrees to perform plant-establishment work for landscaping
installed under this Agreement. This plant-establishment work shall consist of adequately
watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and
other work determined by CITY's Public Works Department to be necessary to ensure
establishment of plants. This plant-establishment work shall be performed for a period of one
(1)year from and after the date City Council accepts the work as complete.
5. IMPROVEMENT PLAN WARRANTY
SUBDIVIDER warrants the improvement plans for the work are adequate to
accomplish the work as promised herein and as required by the conditions of approval of the
subdivision map. If at any time before the City Council accepts the work as complete or during
the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect,
SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to
accomplish the work as promised.
6. NO WAIVER BY CITY
Inspection of the work and/or materials, or approval of work and/or materials, or
any statement by any officer, agent or employee of CITY indicating the work or any part thereof
complies with the requirements of this Agreement, or acceptance of the whole or any part of the
work and/or materials, or payments therefor, or any combination of all of these acts, shall not
agree/forms/subdiv 10-18-01/9/27/02 3
relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY
be stopped from bringing any action for damages arising from SUBDIVIDER's failure to comply
with.any of the terms and conditions hereof.
7. COSTS
SUBDIVIDER shall, at its own cost and expense, pay when due, all the costs of
the work, including inspections thereof and relocation of existing utilities required thereby.
8. SURVEYS
SUBDIVIDER shall set and establish survey monuments in accordance with the
filed map and to the satisfaction of CITY before acceptance of any work as complete by the City
Council.
9. IMPROVEMENT SECURITY
Upon executing this Agreement, SUBDIVIDER shall, pursuant to California
Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance,
provide as security to CITY:
A. Faithful Performance:
For performance security, in the amount of
Two H ind-r -d Tho isand Dollars ($200, 000 . 00), which is one
hundred percent(100%) of the estimated cost of the work. SUBDIVIDER
shall present such additional security in the form of-
Cash,certified check, or cashier's check.
g Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
agree/fomis/subdiv 10-18-01/9/27/02 4
With this security, SUBDIVIDER guarantees performance under this
Agreement and maintenance of the work for one (1) year after its
completion and acceptance against any defective workmanship or
materials or any unsatisfactory performance.
B. For Labor and Material: Security in the amount of
One Hundred Thousand Dollars ($ 100, 000 . ),
which is fifty percent (50%) of the estimated cost of the work.
SUBDIVIDER shall present such security in the form of:
Cash, certified check, or cashier's check.
Y Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees payment to the contractor, to
its subcontractors, and to persons renting equipment or furnishing labor or
materials to them or to SUBDIVIDER.
SUBDIVIDER may, during the term of this Agreement, substitute improvement
security provided that the substituted security is acceptable to the City Attorney; however, any
bond or other security given in satisfaction of this condition shall remain in full force and effect
until one (1) year after the work of improvement is finally accepted in writing by CITY, and
SUBDIVIDER may be required by CITY to provide a substitute security at any time.
10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
agree/forms/subdiv 10-18-01/9/27/02 5
• •
(including without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) allegedly suffered, incurred or threatened, including personal injury, death, property
damage, inverse condemnation, or any combination of these, and resulting from any act or
omission (negligent or nonnegligent) in connection with the matters covered by this Agreement,
but save and except those that arise from the sole active negligence or willful misconduct of
CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall
approve selection of SUBDIVIDER's counsel. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by SUBDIVIDER.
The promise and agreement in this Section are not conditioned or dependent on
whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in
connection with this work or subdivision, or has insurance or other indemnification covering any
of these matters.
11. INSURANCE
In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify
CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability
insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its
officers, agents and employees, while acting within the scope of their duties, against any and all
claims of arising out of or in connection with this Agreement, and shall provide coverage in not
less than the following amount: combined single limit bodily injury and property damage,
including products/completed operations liability and blanket contractual liability, of One
Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which
includes a designated general aggregate limit, the aggregate limit must be no less than One
agree/forms/subdiv 10-18-01/9/27/02 6
Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers,
officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide
that any other insurance coverage which may be applicable to this Agreement shall be deemed
excess coverage and that SUBDIVIDER's insurance shall be primary.
The abovementioned insurance shall not contain a self-insured retention, or a
"deductible" or any other similar form of limitation on the required coverage, except with the
express written consent of CITY.
Prior to commencing performance of the work hereunder, SUBDIVIDER shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
1. provide the name and policy number.of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policy will not be canceled or modified
without thirty(30) days' prior written notice of CITY.
SUBDIVIDER shall maintain the foregoing insurance coverage in full force until
the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representatives shall at all times have the right to demand the original or
a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the
premium on all insurance hereinabove required.
agree/forms/subdiv 10-18-01/9/27/02 7
• •
12. NONPERFORMANCE AND COSTS
If SUBDIVIDER fails to complete the work within the time specified in this
Agreement, and subsequent extensions, if any, or fails to maintain the work, CITY may proceed
to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay
all costs and charges incurred by CITY (including, but not limited to: engineering, inspection,
surveys, contract, overhead, etc.) immediately upon demand.
SUBDIVIDER hereby consents to entry on the subdivision property by CITY and
its forces, including contractors, in the event CITY proceeds to complete and/or maintain the
work.
Once action is taken by CITY to complete or maintain the work, SUBDIVIDER
agrees to pay all costs incurred by CITY, even if SUBDIVIDER subsequently completes the
work.
13. RECORD MAP
In consideration hereof, CITY shall allow SUBDIVIDER to file and record the
Final Map or Parcel Map for the Subdivision.
14. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to SUBDIVIDER or to CITY as the situation shall warrant, or by enclosing
the same in a sealed envelope, postage prepaid, and depositing the same in the United States
Postal Service, to the addresses specified below. CITY and SUBDIVIDER may designate
different addresses to which subsequent notices, certificates or other communications will be
sent by notifying the other party via personal delivery, reputable overnight courier or U. S.
certified mail-return receipt requested:
agree/forms/subdiv 10-18-01/9/27/02 8
TO CITY: TO SUBDIVIDER:
City of Huntington Beach Main Street Townhomes HB , Inc.
ATTN: Director of Public Works 5622 Research Drive, Suite A
2000 Main Street
Huntington Beach, CA 92648 Huntington Beach, CA 92649
15. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
16. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
17. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
18. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
agree/forms/subdiv 10-18-01/9/27/02 9
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
19. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
20. IMMIGRATION
SUBDIVIDER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
21. LEGAL SERVICES SUBCONTRACTING PROHIBITED
SUBDIVIDER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
agree/forms/subdiv 10-18-01/9/27/02 10
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
SUBDIVIDER.
22. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the non-prevailing party.
23. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement shall so survive.
24. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of California.
25. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiations, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or
circumstance not expressly set forth in this Agreement. This Agreement contains the entire
agreement between the parties respecting the subject matter of this Agreement and supercedes all
agree/forms/subdiv 10-18-01/9/27/02 11
prior understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
SUBDIVIDER,
CITY OF HUNTINGTON BEACH, a
Train Street Townhomes HB, Inc. municipal corporation of the State of California
By:
Ma
��7'Ti�i�_-
EA ATTEST:
print name
ITS: (circle one)Chairma residen ice President
AND City C erk y/o4
' APPROVED AS TO FORM:
By:
print name
ITS: (circle one)Secretaryhief Financial Office Asst. Clity Attorney' f I
Secretary—Treasurer
INITIATE AND APP D:
REVIEWED AND APPROVED: 1A)
City Engineer
ity Administrator
agree/forms/subdiv 10-18-01/9/27/02 12
ATTACHMENT 7
OND No. 41006644
PREMIUM S4,000.00
LABOR AND MATERIAL BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
Bonanni Properties and D.S.Products,A General Partnership
(hereinafter designated as'Principar)have entered into an agreement whereby principal agrees to install
and complete designated public improvements.which said agreement,dated
J and identified as project 16497 is hereby referred to and made a part hereof,and
WHEREAS,under the terns 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 Tide 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 tardy
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 One Hundred lbousand Dollars and 00/00
dollars($ 100,000 ),for materials furnished or tabor 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 attorneys 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
solo
affect its obligation on this bond,and it does hereby waive notice of any such change,extension,alteration
or addition.
In witness whereof,this instrument has been fully executed by the principal and surety
above named,on June 7 As 2004 PROV DE AS TO FO�j'�1:
Bonanni Properties and D.S.Products,A General Partnership
as Principal
NNIFER b1cGRATH,City A
By
By:
Platte 'ver lnsura /ompany
as Surety
By: `
Jo T.Page Attorney-in-Fa
By:
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
ON ,BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
STATE OF CALIFORNIA ) -
) SS
COUNTY OF ORANGE )
ON BEFORE ME,
A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED
AND
PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE)
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES,
AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON
BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT.
WITNESS MY HAND
SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS
NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
(NAME PRINTED) MY COMMISSION EXPIRES
BMW
2
9090
BOND NO. 41006644
PREMIUM $4,000.00
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
Bonanni Properties and D.S.Products,A General Partnership
(hereinafter designated as'principal')have entered into an agreement whereby principal agrees to install
and complete designated public improvements,which said agreement,dated
#' and identified as project 16497 1 is hereby referred to and made a part hereof,and
WHEREAS,said principal is required under the terms of said agreement to furnish a bond
for the faithful performance of said agreement
Company
Now,therefor,we,the principal and Platte River Insurance ,
as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City'.the penal
sum of Two Hundred Thousand Dollars and 00/00 dollars($ 101,000
lawful money of the United Stales,for the payment of which sum well and truly to be made,we bind
ourselves,our heirs,successors,executors and administrators,jointly and severally,fatly by these
presents.
The condition of this obfigalion 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 sNd 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 addlion.to the face amount specified
therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorneys
fees incurred by'City in successfully enforcing such,obligation,all to be taxed as costs and included in
any judgment rendered.
I
The surely hereby stipulates and agrees that no charge,extension of time,alteration or
addition to the terms of the agreement or to the work to be performed thereunder or Hie 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 tuna 7 dQ
2004
Bonanni Properties and D.S.Products,A General Partnership as Principal
B
B
Platte River Ins u ni ompany if as Surety
By
Job .Page Attorn -in-Fact
By
PROVED A TO FORM:
JE IFER McGRATH,City Attorney
2
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�4
PLATTE RIVER LNSURANCE COMPANY 41006644
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its
.� principal offices in the City of Madison,Wisconsin,does make,constitute and appoint '!
JOHN T.PAGE OF FOLSOM,CA ----------- ==c
its true and lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed any and all bonds, _`_:
-?� undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in ===
amount the sum of
s; :•,- _____���- --_--_—_��_�___ ___--NOT TO EXCEED$2,500,000.00 ----------
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of PLATTE RIVER INSURANCE CO�H'ANY at a meeting duly called and held on the 8th day of January,2002. <
=;+ "RESOLVED,that the President,and Executive Vice-President,the Secretary or Treasurer,actin individually or otherwise,be and they hereby are
• g Y Y �- -.
j'. granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and
other writings obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attome s in-fact, each appointee to have the r.•
- '.�%
` powers and duties usual to such offices to the business of the Corporation;the signature of such officers and seal of the Corporation may be affixed to
„• such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures Ems=.
•�•. :=_� or facsimile sea]shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in
the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time."
ii s:-A 1 +
IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE CONIP.A:NY has caused these presents to be signed by its officer undersigned and its
_ corporate seal to be hereto affixed duly attested by its Treasurer,this 8th day of January,2002. -�-`
~' Attest: PLATTE RIVER INSURANCE COMPANY '
'••J--2� / �/J(/y�,,, /� ��(v/ �CRPOHATf �JJ3�/ ) �- / __•_-_:
Thomas K.Manion = David F.Pauly
Treasurer President and CEO
STATE OF WISCONSIN l Oj/.'VesRASu'
q COUNTY OF DANE J S S:
nN
On the 8th day of January,2002 before me personally came David F.Pauly,to me known,who being b me duly sworn,did depose and say: that he
Y rY, P Y g Y Y P Y� «s,
resides in the County of Dane, State of Wisconsin; that he is President and CEO of PLATTE RIVER INSURANCE COMPANY, the corporation
'• described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such
corporate seal;that it was so affixed b order of the Board of Directors of said corporation and that he signed his name thereto b like order. ``'
rP Y rP Sn Y
41THLEEN
.,>�'- PAI:SON C C=_=-
i Kathleen A.Paulson G�
STATE OF WISCONSIN l S.S.: == Notary Public,Dane Co.,WI O
J
COUNTY OF DANE CERTIFICATE My Commission Expires 10-15-2006
pr%:
==
== I,the undersigned,duly elected to the office stated below,now the incumbent in PLATTE RIVER INSURANCE CObiPANY,a Nebraska Corporation.
��. authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been
revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison,State of Wisconsin this day of 2
unµ E••x
SEAL
:r+ James W.Smirz •@;
-:
Assistant Secretary
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER c:
RIGHT HAND CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 300-175-4450.
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
1,���IN� �/L�� SS.
County off �, ,n C 1 �rrn c ,�' I n
On 1 A l �, �0�7 before me, man Jm I'1—
(DATE, - - �..�� (NOTARY)
personally appeared T
S : R(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
SHARON M.SMITH signatures(s) on the instrument the person(s),
N Comm.#1490628
NOTMYPUBUC•CAUPORNIA N or the entity upon behalf of which the
tm�nb
MY ComeB+a�Ivr►e+APR.B,2ooe person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment.of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF D CUMENT
TITLES)
❑ PARTNER(S)
�41ATTOR\EY-IN-FACT
NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDLAN/CONSERVATOR
DATE OF DOCUMENT
❑ OTHER:
OTHER
e
G
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NANIE OF PERSON,S)OR ENTITY(IES:
OF E
SIGNER
ARA 5)99 VALLEY-SIERRA. 800-36'-3369
BOND NO. d1006643
PREMIUM 5125.00
MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT Bonanni Properties and D.S.Products,A General Partnership
'
as Subdivider of Tract No. 16497 in the City of Huntington Beach,County of Orange,State of
California,has submitted to said City a Final Map of said tract containing an engineers or surveyor's
certificate stating that all final monuments will be set in the positions indicated on or before the date
specified in said certificate:
That said Bonanni Properties and D.S.Products,A General Partnership ,
(Subdivider)
as principal,and Platte River 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
S 2,400.00 ;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 of the
Government Cade of the State of California.
IN WITNESS WHEREOF,we have executed this instrument this 7th day of
June 2004
Bonanni Pro e ' d D . oducts,A General Partnership as PrincipalBy: ,
B •
Platte Riverinsurance C an
By: `
J T n .Page Attorney-in-Fact
By:
APPROVED AS TO FORM:
Ir IFER'McGRATH,C'i yAI(to/6
ty y
8092.01
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of fo CC'yC��M kA+(� S'S.
On , )�V�_ 7, o1MY before me, �Y O_ron = s
(DATE) - NOTARY) -
personally appeared
SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
SHARON M.SMITH capacity(ies), and that by his/her/their
Comm.#1480828 signatures(s) on the instrument theperson(s),
NOTARY PUBUC•CAUFORMA U)
My Cm B or the entity upon behalf of which the
person(s) acted, executed the instrument.
:WI&NESS my hand and official seal.
NOTARY'S SIGNATURE- -
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER 6zad y 1 U u /
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.PA 4199 VALLEY-SIERRA. 800-362-3369
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Approve Final Tract Map No. 16497
Seacliff Palms 1 lot subdivision
COUNCIL MEETING DATE: July 6, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Attached
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS"
REVIEWED RETURNED
FOR _ DED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM
(Below • . For Only)
RCA Author: HZ:SH:RT:rl