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Approve Final Tract Map No. 16438 of Tentative Tract Map No.
{ RECEIVED BY: • CITY CLERK RECEIPT COPY, Return DUPLICATE to M �(LC , (� City Clerk's Office (Name) ` after signing/dating ':6 -z6- o y (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION r TO: reidenrich, City Treasurer FROM: / ESNl-2,- DATE: 0`7`-- SUBJECT: Bond Acceptance have received the bonds for Q/' 2C)U�.eCTJ (Comp/any Name) Faithful Performance Bond No. Labor and Material Bond No. 46&15-S Monument Bond No. �r� Maintenance Bond No. Re: Tract No. 3 (ZO#,qCE2q ZIL� /i'T' C.OM aN, •� CC No. MSC No. Approved Agenda Item No. (Cou cil Approval Date) L L City Clerk Vault No. , 60 #27 g:/followup/bondletter doc - ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 16438 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16438 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. 41006655 (Attachment No. 7). b. Labor and Material Bond No. 41006655 (Attachment No. 7). c. Monument Bond No. 41006652 (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 NONEf `�, MENNEN no 0 ■■�■ ■■■■■■■ r.3f,����1 I� �'� t y ,�♦,rz 9! v , r indr�renrS��4' �` aS p� a oaf 1 J t�s' j3 J tW p p 1 I,t`o �� '�+ � �#��'!��J��C � y ✓ ����mtt�r" � vim`; S�' � ��x I t U� �;�� �mP•�^���� t � wl`rc.�a�s�;� ���®a n>���'�"l� 4-1 Grans l k) �� a3Vicetn.ird.7 •i `� {f a� 7 ,`Scone he1�ee"wad br ^ti rd t YF a !11 tc { H}Ilad Clr ' ri r L r t ���i �}' :.J r°{`_ ErGi P+�I men Dr. 12 `i s' s>s ` , 'k'r'• � �' 1, f t� 1Y !•F. r rio i, r3f t aea ,I q4 °�� k t ,, E4r • - casterDr :_ I FC'�t11, Rl� TRACTQl�C- 1 V- VICINITY MAP FINAL • 16438TERRACEi • SUBDIVISION) BEACHTHE CITY OF HUNTINGTON ATTACHMENT 3 TENTATIVE TRACT MAP NO. 16438 _...__.._.__... . .. _..... -......_:_.. - - ----- r. � �.' _y_,__ar fr —•:__.� r __ •,' ,r 1 r !!f HE •,ITf 1}F ilJllllh•1f+1 F.Ei•Ihl, . 11 .VJII _r.• T F r, scum•SUa41 rNc rrBcacr riu MY a la n.OI ra,Cl u4.ulr. •5 914 A M R s0l a rtl ON mr [C4ua0 000 X[u=�.,AGc!! 41 WLL.MU5 4 u.rs. -•�- a[[Ou45 OF Ou.rrm(LOUIII,',CWr0a1W. I• _ `-ww-�..c 1'•, o1,nrs.uo wra• zv,reslr�+oss7 1.;....,. I _of =`- <, TYPICAL SECTION - a _ : I - Locra EA LANE .. r r-ir• :1.131°_.' F KIP •: l r. - ur:F s p'IOS Y . % r ua• .�, ,,. �_ -arrlcuw.r roar TYPICAL SECTION SECTION'A-A' noerrrow ear. n• 'LOT A' w"..H,•`."'' f;.;'�:< •Y (PRVATE STREET) .rf DRYMEN DR - ------'I .1 n e •n u a a n jall I tin UII i IIn ! �•:'•" „=f•�.rrm,.w«.. A II I 'IIU UII I 11 III1 I •r I 1 '„r.Y....r'�.»�'a•....'w.r«• 1 IIU 111' I Iln Il ll 1 a l IIA All I IIA II II 1 IIUll I �� .nn.r.wno..•f..r ..^. ... Alh---"----1---':-----11A z Ol- ------ '(--------iIU DONCASTEiIDR j 11 A. g nll I Ila g All I HA J '- - - - - - - IIA All 1 111 a All I IIU j = ______= ( Z00.1 / 4-"� ail I It nu _ -- _-- . .. I 1(a ntl 17a � 011 � a ' ..1 m 1 II I �� 1 i 1 � �,�,•.m'fw.•n..nwe-.n•. + J P 'oil I Ila p'l{ 1 ---- I II I All ,In 111 I Ilr alt I nA I ;aU 'pf.,.._Ilu' Ij,U I 1 N - - ,------�i! I I I it a.All .! I I 1111 !I�Ai� 1.+,. J :'• I 'ram ( r.:�aia •nT•it nl 'fTt —N I cT ( .•r ,f. IFII Il trll ---17--T-- rs_• ---�� _ „r 'LOT A' l y nv: ;I I all l l ATE 3Tf�EEf1�.= N.E s. f.+�. `�•-'murrm:.•- - - - - Y^n _•+• -•�_•-•j LAII I I I �:, all I 1 I y 1 I I Ull 1 I. 4. �'"a'� k � �- •, I �. I .�, I .�. � .a., I W., � ,.. j'f .,.. I prr.ra„.�,:� � I G, ' r .:�.. ; - . _ , , Ir.A - RIV LOMOND DEIF I O l gam• '�-Ir.r,.f...n., Rri1 �vfwfR•�n s�v�yar ..fore ... -�=_ � 9j y sN:f M!µ.•..+;wn-�b w.4�� � ai:e.Y-rA.Gt 9.4n.r a:v. +AfOµ dfv..i Y[o L JI N/YIra WY.Y fW1� fiw.sw:Y�Y •• I I . HA ILTON AVE I SHEET'10F 1 CITY OF HUNTINGTON BEACH " 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 3, 2004 Orange Coast Title 640 N. Tustin Avenue, Suite 106 Santa Ana, CA 92705 (714) 558-2836 Attn: Kevin Reichling, Title Officer Re: Tract Map No. 16438—Order No. M331973-6 (W. Side Main St. at Holly St.) The City.Engineer of the City of Huntington Beach approved Tract Map 16438 and authorized the release of said map for processing by the County. After recording, please return a duplicate Mylar, 2 prints, and a digital file disk of the Parcel Map to Joe Derleth, Department of Public Works, P.O. Box 190, Huntington Beach, CA 92648. Joan L. F nn City Clerk J F/pe Attachment Received by: CLERK'S OFFICE RETAINS COPY FOR FILE Date: g:\followup\parcel\parcelmp2003.doc procedure#20 (Telephone: 714-536-5227) i, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn City Clerk FROM: Jonathan Claudio Associate Civil Engineer SUBJECT: Tract No. 16438 (Authorization to Record) DATE: July 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.: M331973=6 LOCATION: W. Side Main St. at Holly St. PHONE NO.: (714) 558-2836 Jonathan Claudio G:/Eng/Winchak/Forms/Map auth to record :..iR„'4�m'Nin�.""GRy i"I"'e.e 4, "S' f+ ,•,.n.m „.,:,; ,..' ... ... �R a ... o NOTICE OF COMPLIANCE WITH CONDITIONS t raw ON TRACT/PARCEL MAP AND AUTHORIZATION, `• FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: <5 6 o016 FROM: PLANNING DEPARTMENTtu ' TRACT NO. j,90� PARCEL MAP NO. N PARK AND RECREATION FEES PAID: kfEss 2 dol (a%2 4 ❑NO • DEVELOPER: for: Howard Zelefsky Director of Planning RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH J. INTERDEPARTMENTAL COMMUNICATION TO: Sh Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance l have received thebonds for &A�T � C�c c7zf win K .� . S (Company Name) Faithful Performance BondNo. . Labor and Material Bond No. 'J�zoo 6&15Y Monument Bond No. T2 � Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved 0 Agenda Item No. — (Cou cil Ap ro al Date City Clerk Vault No. 60 #27 gJfollowup/bondietter doc - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN.L. FLYNN CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUN-MGTON BEACH DATE: TO: A!l cf 2_?TAS ATTENTION: Name- 4 . S D&A—C7�j' dq DEPARTbIENT: Street '676 A-;d C—.SEc7 f y TL REGARD1 G.•1—�/V/J/D A) City,State,Zip eaZlo See Attached Action.Agenda Item: Date of Approval / 0. Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: �CiClerk Attachments: Action Agenda Page ✓ Agreement i Bonds Insurance RCA `Deed Other CC: ��. L1��/ .0 ✓ ✓ Department RCA j Agxmrnr Insurance Other. Na'me/ Department RCA Ageemert Insurance Other Name Department RCA Ap-mint Insurance Other Name Department RCA Ap=— Insurance Other Name Department RCA Insurance (Telephone:714-536-5227) Council/Agency Meeting Held: -D Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City I rk'SAignatue Council Meeting Date: July 19, 2004 Department Number: PL04-13 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS I CD-Z Cr SUBMITTED BY: PENELOP CULBR H-�RAFT, kdmi ist ator -0 PREPARED BY: HOWARD ZELEFSKY, Director of Plannin N T? SUBJECT: APPROVE FINAL TRACT MAP NO. 16438 OF TENTATIVE TRACT MAP NO. 16438 (SEASIDE TERRACE 10 NUMBERED/ 1 LETTERED LOT SUBDIVISION) Statement of Issue,Funding Source,Recommended Action;Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Final Tract Map No. 16438, located at 21341 Lochlea Lane on the westside of Lochlea Lane at Lomond Drive is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 16438 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 Bonanni Properties and D. S. Products, A California General Partnership, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Alternative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 16438 and reject the offer of dedication, improvements and bonds." • REQUEST FOR ACTION • MEETING DATE: July 19, 2004 DEPARTMENT ID NUMBER: PL04-13 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Bonanni Development 5622 Research Drive Huntington Beach, CA 92649 ENGINEER: Emerald Engineering 18600 Main Street, Suite 160 Huntington Beach, CA 92648 LOCATION: 21341 Lochlea Lane (westside of Lochlea Lane at Lomond Drive) ZONE: RL-FP2 (Residential Low Density— Flood Plain 2) GENERAL PLAN: RL-7 (Residential Low Density— 7 units per acre maximum) NO. OF ACRES: 2.169 acres/ 94,481 sq. ft. (gross) NO. OF NUMBERED LOTS: 10 NO. OF LETTERED LOTS: 1 NO. OF UNITS: 10 (detached single family residential units) DATE OF COMPLETE APPLICATION: June 29, 2004 MANDATORY PROCESSING DATE: August 2, 2004 DISCUSSION: On October 14, 2003, the Planning Commission approved Tentative Tract Map No. 16438 in conjunction with Mitigated Negative Declaration No. 02-03, Zoning Map Amendment No. 02- 03 and Conditional Use Permit No. 02-57 for the construction of 10 detached single-family residential units. Tentative Tract Map No. 16438 is a 2.169-acre 10 numbered lot/ 1 lettered lot subdivision. The subdivider has satisfied the park and recreation requirement for this project by paying $200,691.24 in park and recreation fees. The 10% affordable housing requirement for this project will be satisfied by assigning one unit within an existing off-site multi-family development located at 16122 Sher Lane (east side of Sher lane, south of Edinger Avenue). PL04-13 -2- 6/29/2004 2:39 PM • REQUEST FOR ACTION • MEETING DATE: July 19, 2004 DEPARTMENT ID NUMBER: PL04-13 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 October 14, 2003. Environmental Status: This action to accept Final Tract Map No. 16438 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. 16438 with site plan 4 Tentative Tract Map No. 16438 Findings and Conditions of Approval 5 Final Tract Map No. 16438 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Rami Talleh/Herb Fauland PL04-13 -3- 6/29/2004 2:38 PM ATTACHMENT 4 n will be in conformity with public convenience welfare and good zoning practice. Good zo tice dictates that zoning/land evelopment regulations be established to provide for the fu o ment o In a manner which serves to implement the goals and objectives contained in the Ian. The public convenience and welfare is served by establishing land ations an ent standards which ensure that future development is cornpati surrounding property, prove decisions on development proposals, and whi rm citizens and developers of the regulations t a o ment of the subject perty. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16438: 1. Tentative Tract Map No. 16438 for the subdivision of a 2.17 acre parcel into ten numbered-lots for single-family residential development and one lettered-lot for a private street, sidewalk and parkway landscaping is consistent with the General Plan Land Use Element designation of RL-7 (Residential Low-Density — 7 units/acre) on the subject property and other applicable provisions of the General Plan. The RL-7 General Plan designation provides for the development of single-family dwellings at a maximum density of seven units per acre. The proposed subdivision will provide for single-family residential development at a density of 6.4 units per acre. 2. The site is physically suitable for the type and density of development. The 2.1 acre subject property can accommodate the proposed 10 lot subdivision and single-family residential development project in conformance with applicable land use and development standards including minimum lot size and lot width, and maximum development density. The project site is undeveloped, has a level topography, contains no rock outcroppings, wetlands, environmental hazards or other constraints, is accessible from an existing public street, and is surrounded on three sides by compatible residential land uses and by undeveloped land to the south. . 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. An environmental assessment of the proposed project has been prepared which identifies potential environmental impacts associated with the propose project and necessary mitigation measures. The project site is not environmentally sensitive and contains no fish or wildlife habitat. Based on the findings contained in Mitigated Negative Declaration No. 02-03, no serious health problems or substantial environmental damage will result from the proposed subdivision and development. 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. No public easements for access through or use of the property exist and none are necessary. S FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-57: 1. Conditional 02-57 to (a) construct 10 tw Ingle-family dwellings, each exceeding 30 feet in hel to 3.5 ft.) o pads raised approximately four feet above existing grade, and (b) retaining w north, south and west property lines up to four feet in height will not be detrimental to era ons working or residing in the vicinity or detrimental to the valueop W roperty and improveme I borhood. Based upon the conditions impo project will not generate noise, traffic, odor Ie i cts at levels ;;;;ohe residential character of the existing neighborhood. Ad e (03NOA1014) Attachment No. 1.2 Minimize the amount and width of paving of front'ya`d's for driveway and gar cess. The pro dwellings feature substantial articulation of building elevations asses, including a variety of roo hes, building heights, setbacks, window and door arran nts, building offsets, garage placeme - d balconies. The use of plaster exterior finish pr s for compatibility with the existing neighborhoo hile the varied-color stone accents help t • erentiate the new dwellings and establish a common n theme within the proposed s sion. All lots are designed with a minimum amount of drivewa • ing and with front yard I aping which exceeds the minimum required by the ZSO. U. Policy 3.1.3: Monitor the demands an development to mitigate impacts and/or facilitate improvements to the storm drainage Sy. Recommended mitigation measures r re on an ff-site storm drain improvements as necessary to mitigate the increase orm water run-o the proposed project to a less than significant level. U. Policy 3.1.6: During - elopment review, determine if any struc meant for human habitation are constructed wit ' e 100 year flood plain. If necessary, evaluate tructures' flood safety, and require rem actions. The projec a is located in the AE (areas subject to inundation by the 1-percen al-chance flood e .100 year flood plain. The project has been designed to minimize the po for flood- rel damage by establishing finish floor elevations one foot above the base flood eleva as ired by the ZSO and the Federal Emergency Management Agency(FEMA). CONDITIONS OF APPROVAL —TENTATIVE TRACT MAP NO. 16438: 1. Tentative Tract Map No. 16438, received and dated September 8, 2003, shall be the conceptually approved layout. Any inconsistencies between the site plan and the tentative map shall be corrected prior to final approval by the City. (PW) 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. A scaled and fully dimensioned exhibit shall be provided for approval by the Public Works Department which demonstrates that the segment of the Lochlea/Lomond knuckle to be c structed with this development complies with City Of Huntington Beach Standard Plan No. 10 (Case 1) and is compatible with the future southerly curb line on Lomond Drive. (PW) b. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review d approval. The agreement shall provide for affordable housing on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 10 percent of the units shall be affordable to families of low-income level (less than 80% of Orange County median) for a period of sixty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off-site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the (03NOA 1014) Attachment No. 1.4 completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. A Homeowners Association shall be created to maintain all common area landscape improvements, including the parkway along Lochlea Lane and within Lot A and the private street. The Homeowners Association shall be responsible for maintenance of private on-site improvements, enforcement of no parking in red curb areas, common landscape areas and irrigation water billings. The sewer and drainage systems located within the private street shall be private and maintained by the Homeowners Association. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs shall include notice to prospective property owners of the existing industrial zoning designation applied to adjacent property south of the project site. The CC&Rs shall include notice to property owners that on-street parking within the bulb of the cul-de-sac and along the north side of the private street shall be prohibited. The CC&Rs must be in recordable form prior to recordation of the map. (PW) b. A 10-ft. wide landscaped setback easement shall be provided along the east side of Lot No. 1 adjacent to Lochlea Lane. No fence or wall shall be constructed within said easement. The easement shall be reflected on the Final Tract Map and Site Plan. c. Final hydrology and hydraulic studies for.the runoff from this project and its impact to the existing downstream storm drainage system including the pump station shall be submitted to Public Works for review and approval. This project shall be responsible for mitigating the increased storm water runoff from this property based on the difference between an undeveloped condition and 1985 OCFCD criteria, and the proposed developed condition and current OCFCD criteria. On-site retention may be required as a mitigation measure. The study and the proposed drainage improvements may include an on-site, privately maintained clarifier. If feasible, runoff from the project site shall be directed to the pump station via new drainage facilities located within the Lomond Drive right-of-way. (PW) d. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final map. 4. Tentative Tract Map No. 16438 shall not become effective until Zoning Map Amendment No. 02- 03 has been approved by the City Council and is in effect. C OF APPROVAL —CONDITIONAL USE PERMIT NO. 02-57: 1. The conceptual si - or plans, and elevations received ed August 20, 2003 shall be the conceptually approved la the following modif • a. The dwelling proposed on Lot Ack an additional 5 feet from the front property line. b. The width of the driveway, all be 18 feet. c. Masonry fen c sed along the north, west and sou lines shall incorporate piles ervals of approximately 50 ft. and a decorative cap. - wails and fence (03NOA1014) Attachment No. 1.5 ATTACHMENT 5 1 SHEETS 1 OF 3 ACCE.P AND FILED AT THE TOTAL NUMBER Of LOS: 10TOTAL ACREAGE 2'1 9TACRESL(OSS,LOT."A. TRACT MAP NO. 16438 "E°"�'°` DATE OF SURVEY:DECEMBER,2003 - ALL OF TENT.TRACT NO. 1643E IN THE CITY OF H NTWIlON BEACH.COUNTY OF ORANCIE,STATE OF CAL FOFNA. DATE BEING A SUBDIVISION OF TAB FEE J THE SOUTHERLY 150 FEET OF LOT 11 OF TRACT NO. 811, NsrRUMNr/ AS SHOWN ON A MAP RECORDED IN BOOK 24, PAGE 33 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, BOO., PAGE CALIFORNIA TOM UAL 1 - 000NTY-Q.WK RECCRDcR - I EMERALD ENGINEERING - DONALD G. BAKER L.S.-4683 BY DEPUTY 0ANSEW CERIF 047E: 8LWVSY0"8TAT9B9MP IOU THE URNFR90NNfa BEING ALL PARRES HAVING ANY RECORD TILE DOS MAP WAS PREPARED BY LIE OR UNDER MY DRSCTCN AND IS EASEL UPL,I A,1EiD 1 INTEREST IN THE LAND CONNED BY THIS NAP,DO HEREBY CONSENT 10 THE SURVEY IN COYFORMANC£MTN THE REORREMEN75 OR THE SUBDIVISION dAP,.Cl AND PRPARATION AND RECOVA77aV Or SAID NAP,AS SHORN WINN THE LOCAL ORDINANCE AT THE REOIEST OF BONANM PRCNERRES ON DECEM-1 4,206,. aSIWCnVE BORDER LINE HEREBY STALE MAT ALL MON AEN7S ARE OR 7H£CHARACTER AND OCL-PY..Jr I J9TCNS INaCA LED,OR THAT THEY NHL BE SET N SUCH POSITIONS AND THAT S JO A.)NUL-7 7 WE HEREBY DEDICATE TO THE PUBLIC FOR STREET PURPOSES - ARE SUFFTCNT TO ENABLE'THE SURVEY TD BE RETRACED.I HER®Y STATE THAT THIS ANAL MAP SUBSTANTALLY CONFORMS TO THE CONDMONALLY APPROVED TNTAIIW MAP. ,Dow LANE _ LOMOND DRIVE RE ALSO HEREBY DEDICATE TO THE Cry OF HUN77NCTVN BEACH: Coma 0.BAKER 1.)THE ACCESS RIGH751M OVER,ACNOS£UPON AND MROUaN EASEMENTS AS LS Na 458J SHORN ON THIS MAP,FOR THE PURPOSE OF MAINTAWINO SFRIAONa CLEANING. EMRAnON DATE 9-3D-05 * �� # - REPAIRING AND REPLACING ME WATER SYSTEM. yj BR OLAfD e - 2)INC WMES17C WATER SYSTEM AND APPURTENANCES AS SHORN ON !.Y� ME LMPROVEMENl PLANS FOR THIS 7AACE ore - J)TH£PUBLIC STORM DRAW AND PVSUC SANITARY SEDER SYSTEM AND Ci YB aREEM STAYERS T - APPURTENANCES AS 1401W ON THE LNPROVFMENT PLANS FOR THIS TRACE - 4. A BIAAA'FT EAs£MNT OV£P OOl'A'AS SHORN ON TORS MAP.FOP I HEREBY STATE THAT I HAVE EXAWNED THIS NAP AND HALE FOUND IT 70 BE PGfIC£AND FIRE D£PAR7MNT ACCESS SU9STAN7?ALLY IN CONFOP.MANCE WTH THE 7MTA17LE MAP.IF REQUIRED,AS FILED S)THE Z00 FOOT PUBIC UTILITY EASEMENT AS SHOW ON THIS NAP. WIN,AMOATED AND APPROVED BY THE CITY PLANNING COMMISSION: THAT ALL - PROVISIONS OF THE SEWOSION MAP ACT AND 07Y SUBDIVISION REGUAnONS HAVE BEER COUPVIED WIN AND THE MAP IS TECHNICALLY RE'ALSO HEREBY RELEASE AND RELINQUISH TO THE CITY OFHLNTINGTLN BEACH., CORRECT W ALL RMECIS NOT STA 70 7O BY THE COUNTY SURVEYOR. 1.)ALL VEHICULAR ACCESS RIGHTS TD LOOILEA LANE AND LOMOND DRIVE FXG£PT AT ACCESS LOCANOWS AS APAPDVED BY 2aWNG A0MWS7RA7OR DATED 1MS- _DAY OF .2001k RE HEREBY RESERVE FOR OURSELVES ANDLOT OWNERS ME IGOD FOOT PRIVATE LANDSCAPE EASEMENT°HER LOT I,AS SHORN ON THIS MAP,FOR N7URE GRANT TO SEPARATE ASSOCIATION. - ROBERT F.BEARDPUBLIC ' OWR®A DIRECTOR R£C1OR C WORKS CITY OF NUNTNC7'CW BEACH ROE.22876 DP.121JI105 amANAV PRLWE RES AND OS PRODUCTS A GENERAL PARTNER96P - CffrPLA~000ASSMCRTFICATE3 - - PR2TNH PAQTn/ I Z HOWARD ffWY,SECRETARY TO IRE PUNNING COMMISSION OR THE CITY OF HUNTNG70N BEACH, CAUFORNIA,DD HEREBY L£RTFY THAT I HAW EXAMNED THIS MAP AND HAVE FGAND IT TO aF SCBSTANTALLY THE SAME AS THE 7ENTA ME MAP AS FILED PITH,AMENDED AND APPROVED BY THE HUNnNGTOV BF,ICH CITY PLANNING GGMMIS90N. STATE OR CAUFORNU) )SS DATED n4S_DAY OR .2004. . COUNTY OF ORANGE - - 0V 7MS_2 "'DAY OF M 2D04 BEFORE ME.YI' iC-G.SLYI BY• PERSOVALLY APPEARED rtCUtn,r ANO HOWARD 7ELEMY PROVED 7O ME ON THE BASIS OF SA17SFACMRY EVIDENCE TO HIE THE PERSONS SECRETARY TO THE CITY OrHUNTNO N BEACH WIOSF NAMES ARE SUBSCIRa D TO IHE WYNN WSTRUMNT AND AMVORLEDGFD PLANNWQ To '.TD ME THAT THEY'IXECU7ED THE SAME IN THEW AUTHORIZED CAPACIRTCS AND THAT BY THEIR Saw 7URE ON HMS INSTRUMENT THE PmsaNS OR THE £N171Y UPON BEHALF OF WRCH THE PERSONS ACTED,EXECUTED THE INSIAVMENi. rrr ANO61A EIOCRBON c�OIWUtgx.,vn,E i - WTNESSNYHANO' MOR.xt � QTY CLEF"C87nFX�ATF - _ STATE OF CALIFORNIA) J SIGNATURE MY PRINCIPAL PL4q OF cowry a-O7ANHS) NOTARY P /N AND FOP SAID STA 7E BUSNESS IS IN (/Y CGNTY. I HEREBY CERTIFY THAT INS MAP WAS PRESENTED FOR APPROVAL TD THE CITY COUNCIL OF THE OTY OF MY CamSSOI EAP/RES I o 42Zs QY NUNTNGIOV BEACH AT A REGULAR MEETING THEREOF HELD ON THF DAY O' ,20W AND TUT THEREUPON SAIO COUNCIL DID.BY AN ORDER DULY PASSED AND ENTERED•APPROVE SAID MAP AND OLD ACCEPT ON BEHALF OF THE PUBLIC SUBECT TO IMPROVEMENTS' THE DENCAROI FOR STREET PURPOSES OF LOCMEA LANE AND LOMOND DRIVE AND DID ALSO ACCEPT ON BEHALF OF THE CITY OR KW77NOTLN BEAGLE ORANGE COAST 771LE COMPANY I.)THE ACCESS RIGHTS IN,OVER,ACROSS UPON AND THROUGH 774E EASEMENTS AS SHORN ON THIS MAP, �AD REC�2AS17UMENT FOR THF PURPOSE O'MAWTAW/NO SNNONG,CLEANWO REPAIRING AND REPLAONC TIE WAiER ECO4O1Ni1: SYSTEM,AS DEDICATED. 2)THE DOMESTIC WATER SYSIEIM AND APPURTEANCES AS DEDICATED.anS)NNE PUBIC STORM DRAW AND PUSUC SANITARY SEWN SYSTEM AND APFURIENANCES AS OEOCATED. .P. S)THE aLANKrr IK ZOO R7DT RIBINC UIRITIT FOR�EAS£NEN7,AS OEOCATED.CE AND RRE T ACCESS,AS OFDICAlED. - - - 6.)THE W10CUL.AR ACCESS RIGHTS TO LOCHLEA LANE AND LOMOND DRIVE AS RELEASED AND RELINQUISHED SFATE OF CALIFORNIA)SS, IED 14SDAY OF ,2004. COUNTY OF ORANGE ) -f� JOAAf 4.FLr",y Br ON,iM5 0 DAY O' LOCI!.BEFORE NE A[O 8.JNUO3K.' CITY aERY OR THE CITY OF NUNTINCRN REACH - aMVTY PERSONALLY APPEARED -TK l N IG. UU,J4q AND niU L V4NLW-'MA PROVED,TO ME ON.THE BASS OR S4713FACTORY EVIDENCE 70 SE THE PERSONS WHOSE NAMES ARE SUBSTRIBED TO THE WTH/N INSTRUMENT AND ACKNOWEDDED TO M£THAT THEY EYECUTED THE SAME N]TIER AUTHORIZED CAPAOTTEX AND 7HAT BY THEIR SIGNATURES ON THIS INSTRUMENT THE PERSONS OR THE ODUI/y TIWA81.WB;`TAX LOLL EC7OR'S O FIC470 NTTY UPON BEHALF OF WADI THE PERSONS ACTED.EA£CUTED THE NSIRUMNT,AS BENEFICIARY. STATE OF CALIFORNIA) SS GiNNAlJ// �%SO/31E' COUNTY OF ORANGE) - WYNESS MY HAND: - - I HEREBY GtRTFY TUT ACCORDING iD THE RECORDS OF MY OFFICE'THERE ARE NO UENS AGAINST THE LAND COVERED BY IMS MAP OR ANY PART TN9?FW FOR SIGNATURE MY PRINCIPAL PLACE OF UNPAID SIA7E.COwrY.MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS NOTARY UC IN AND SAND STA7F BUSINESS/S W pt,.,J6 COLLECTED AS TAXES EXOFT TRUES 00 SPECIAL ASSE=EWTS COLLECTED AS Cowry. - AS TAXES NOT YET PAYABLE MY COMMISSION EXPIRES /JI.4L[�.ZOOS AND 00 ALSO C1ERA Y 70 ONE RECYl9'IER a"ORANGE COUNTY INAT THE PRONSGVS OF THE SVEDIVISON MAP ACT HAVE BEEN COMPLIED WIN REGARDING OEP°SIS TD SECURE THE PAYMNT OF TAXES OR SPECIAL ASSFSSMN73 COLLECTED AS TARES CCL? YSU?M ORB BTATBB(T± - ON THE I"COVERED BY TARS MAP. I HEREBY STATE THAT I HAVE EXAMINED TITS MAP AND HAVE FOUND THAT ALL DATED TORS OAY OF .1004. MAPPING PROVISIONS OF THE SUBXVISION MAP ACT HAVE BEEN COMPLIED WIN AND/AM SA nyFmv SAID MAP LS 7FLYAb'CALLY cawcF RaAuw TD ONE TRACT NAP BOUNDARY. JaW M.W.MOOPLACH BY DATED THIS GAY OF .2004. COUNTY 7REASUREF-TAX F,OLL£CTOR DEPUTY TREASZVRN-TAX CalECTOP RAYMa.'D L NAME.CYXINTY SURY£HAP LS 6185 EW/RA 77OV OATH'J/31/09 SHEET 1 OF 5 TRACT MAP NO. 16Q8 TOTAL NUMBER OF LOTS: 10 LOTS AND LOT'A' TOTAL TOTAL ACREAGE 1.189 ACRES(GROSS) DATE OF SURVEY:DECEMBER.2003 - kL OF TENT.TRACT NO. I W8 W THE CRY OF HUNTWOTON BEACH,COUNTY OF ORANGE STATE OF CALFORNIA. EMERALD ENGINEERING DONALD G. BAKER L.S. 4683 DATUM STA7SWEW.-• BASS OF BEAA9IW ax7rtwrts sw P ARr aAgD a D¢L uRRLu awaw:E s s cV S i roaari 2wE W 19A!Nta(1911.-a0 Y ae rr+s aAASDEl14 Q ( IML eGuvlDs SNOW NEREDY AR[MS<D a 11E 8rA@N8"T""OCR I ALL OnA SMORM Aw OREM r9n Dim,.Y w.Orm CONROc 3 ID C-row NOWWA AROY G AMIM AND VARW! �7 D W. �—Z ME,wrurr A0 Ncrwcr OaGfAW alfANT Br a99T*JGD 7r MT PER RECORDS ON N E E wN I aura GORY AjNNWM. I R{S FACTOR a PR ECT SpE@14 SC.11[:1, OCS CPS 8 MIMI NE 1 AAAS8AN anCPS8 son Easss2{s92 [001s°TA5=3°9 092 FD.x' P.W/OS eRAfS WALIDI STAMRO'S01ORI s-Ot. - ON.1A•IN Oq WOl MONUMCNT.N 11N'1F PUNPY Z. F9.Y I.P. . .TAO STAMPED'oO8 AY'N W/1 1/2'TAG.V-PEO'RCC 1193UP YON Z"Z. LIEU 01 2'I.P.TAGGED-OSO ON'.0M.OAT W R POI C...R[CORDD/3001-{R.STI 1...1nCATrA WELL NONUYEIR.ACC[PIW AS cam-ME PEREC RECORDS ON IXE AEW AAD pMET AT CENTER"INI[IOECEIOM M NEYMIM a.-a WVaIoN or � W NLWWID Si.{114NT1 AVG PER R[WROS ON iGE W Yi EfGrrL./V\L OTEIGGP PER UCGRDS GN nU IN ME GRANGE`J M"SDRY[TGR'S OrIICG THE ORANGE COUNTY SURVEYOR']OPTICS.ACCm1ED A9 THE J N1/4 COL iRAL SEC.13-°-11 (XIN71'GOO) 'USG ACCEPTED AS CENTER FRAC G LL SECT]F.'1]-h... . MO.1 T08'E '1f39.e1'GROUND (2932.78'PER R.S.B.178/10-19) Wait' (tOaO.bT<199O.G0'> — — — 9S9.3T•(E81351 \ -BASIS OF B[AONGS N.SPIL-a M.Li 5111 I PER CRE.20 144.ACC. � \\ AS S. Cot NI/L S.L 1/4. f/t FRAG SEG 15-4-1 - \ 1, I \ \ ,3 ; a _ ro,�\ CD s s 8 \.` DONCASTER DR. ALLEY O W — \ \ I ^TO.PuN. A.FIX. g F0.PUN.RA.SPA. PER M.M.J I I P u7/1-3 / O G P.M.B.21/2 = USEO FOR WE ONLY "— nl - xP1ra•c Beau' _ A \.LDCHLEA LANE 12i� —t — �— stssf•(sLss1•) � \ -L W17•18•E 1w.Oo' \ PUN.RA.SnI. Z I PER im WE a ET W USm e K ul 8 I E - r Al — 21•I2e 1 Is + AI0AW9CM0TES • Naulu Fa ARRE9oTr AE xorm � � \` � ,� S � R rAG LS RA7 Ar ALL for a2am1E a Q - w lss CDIDFYA:1m7m (I a � rP R.DTi IEs m.9Ra AR•iNamR LS tev Rf9! Z NACr Na ss1R REM 20/1-HAWSES o°ERRTi Norm � \ / _ Q -E < > VENOM RECORD XVAM l PER TRACT Na 811. R Mu.241= 1n WMIES LOOAEA EASE AND LWNP MINT DWARa ID I E PMX FOR SHEET PUMSEE I e F A WiOms SYAACED FARO WORNG SET WOom ! I n VWWi 6 " © main 2M mot Mae um"EA4ARNr DF°Niity �I( r0°E OW W NINIPWIN BEAM I r g4 oO 0MIXT ALL W1RaAAR MOSS REHM ID WOW LANE � 3.. Aw to°aw me E? r Ar SAB21 miammma 7 I "MOM NAM O Eat<Anr MmESu IaaO lour tADA:APE Ar RE I REStR1ED NDEO4 / L_ I 3 1 I NOTE' AIL Ma1R1M BE SR PRIOR,PRIOR,MO TOV T ro tu1Y f.m9a. 10 s Na I — - - — — —' — —P—11uG'A2•(1mAo9 — � +w.oa' I NofesrA Imw(m9.n')<u9aoo> 9�{ (1979.59'PER M.N.203/30-4) I Y= f 7 ES,AS I LANE(at 7 7,1 TRACT NO..811 8F PROPORTION yy�II� �r I T�1�a 9 IA.BRASS TAO IN COMC.S1AW[D 0.C.G 2809, i q g RA OIL IN WELL MONUYOR.ACLEP L1 R E .an on H0.SOT°.M.realm a As THE W. e K COG FTAL`.SEC.12 I,AO.w(1f17o.8S)<19AOA0') 29AO.01'(2939.91F PER RA.A n{/10-IO) TD.NOTNOp.Of.aS �•/� Cwmatt 1/!1 S.w.COII.Nf S.LI/t. M�,~ BT P�R1101f>u.13-hrI SHEET 3 OF 3 TOTAL NUMBER FAND TOTAL ACREAGE'°2. 9TACRESL(GROSS)On LOT"A- _ TRACT MAP NO. 16438 - DATE OF SURVEY:DECEMBER,2003 ALL OF TENT. TRACT NO. 18438 IN 7HE CITY OF HUNMWM BEACH,=VITY OF ORANGE,STATE OF C'ALrOWA. EMERALD ENGINEERING DONALD G. BAKER L.S. 4683 &4S6 OF B64RMgS I DATUM 3T'.TE AfS,TL Iee eFAARLas Sv.Y FRREv.ARE eAsO w nor m".&,.vn OCS I - O3a10RAW 9ADw s eAse 0.ne curve..L.aJUEAif Sam, NORONTAL CFLaa STAILON ar LEa011 AAD SIAVON VS 6017=4 - (cmu EO'E K IPLT NAG.(ID'M Ova,=TPr AOUrI 'j NOTra[PEN firpow OY FILE IRM nE OTAN{E afiWm"wxx SGLE:110, ALL Ors ANX 9ADMI ARE a"".O.MAL3S OIAOR.OE NODD ro O3TAM IMS rACME LRR IMI.r O1ORo OrsTANOF By aPSs9rrm IMF EAL'Id rs IKOLCT.9[a'IC 1 1 1 i PER Y.Y.2{]/1-31-3 NP1T4'[1l0.00' 31.00 13e.00 LOCM.PA LME D !� R A R NP1r.e•E 100m• 2 TABLE OF DALRMOA& s I I = 3,7--• �y? 01 aoer{r{e• 0.17A0' wu._e2 T-isir u' R R 21• O b13-13.00• Rn17.00• LWY u' E. 1 O R13.30'4e•E 20.40' NP3!'OS•[ 103m' O b,r13'10• Re70m• W0.47' q 8 $ O bere!'Se• R-37.00' w3L47' Tr1 e•1'2' S Z . NPSS'O3•E - 103.00' s - P 0 a 8 � 8 $ E.CO• C P.Y.E. RP3r03•E 10l.00' y e , H V$ 4 AdbAE#ABVr N+07M 97 I'LA A TAB LS Ae37 AT ALL LOT 000'ORS ¢ I S - "WAV OR'zR NOED NPS!'03'E o AOCARS JET 9W AFO OL9mt LS 4863 FLM I oe ao e J O MRK'AI[S s7 Y LA iAOZD LS AAS;RIAN a AOCARS SET Y LP.IA0a9 LS 4RL3 FEIAIL B $ O74TSOY,WARNED AT AMY AA41"10 FAO OMfrS rEYNr ag {S• e A 010 SET 1'LP,rAGM"RISE f W9l 21' 2{• OFFSET 400;LEARM AT.Ra1T ANGLES TO RP35'03•C EAw LOT 9agDA1Pr LNE 103.00' p MGIEr SET l•V.rAO4D LS MA21IO9( Fg7S121Y LAT FR01 LOT 4 7 . O OE7MIFS LOOREA LAW wlr/ED Y,Y g ro IMi FxAIC Ta7 rrREn nAe•ass � � pJ•19p ,�;� O OLAmms warren Paso mum sT N0oma "• �f3¢ 3. RP3!'wt - 8 S.at' © omw 2O)fwr Raw YRLrr Eamor OED0,1E0 TO nE an aY mov=w mix f j j 0O WOW ALL LUKVM AMW A10MIS ro LOxREA LAFE AIo to~OeK CAVr AT sIRMT lLmrsO11CYLE ARE Ar1EASE0 AARI R9fflW9CD m nE aIY OE IAIAryAm eEAON DWrATAa2:0 LOOARO6 k°''G• Nr +V, AS ARRIOIEO BY Zw ApWOUAIOE O OENODS p A/E 1400'GOT LAWWAT L-qMF A mm leRElYt 9ci B - b O McEt AN Z.M aT mYT m ro ne am Or � y NWI1RCIw WALM F AOQW R M TO 1IE NAER - e snow ino"Far ndr F7FPO¢K-NTARE.G a S w"Al L2EM.R2 Ap—c SAD N x Uw= '�• J. ndw. © OFIAO2i AN EASORNr 0¢RA IFO TO IIe am w - 3 MPTAVM2 REACH RM faU2 AAD FIRE DJFARRQR F - - AO= p exso' eTm• 1a.00' —� NPte'61•C 150.00' i 1 ATTACHMENT 6 1 Cf6L ', SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND BONANNI PROPERTIES AND D. S . PRODUCTS FOR TRACT NO. 16438 THIS AGREEMENT ("Agreement") is ._ entered . into -this :.. �_ day of 2 0 D , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and'Bonanni Properties and D. S . Pro dv,ct California acgmrs m, hereinafter general partnership 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. 16438 ; 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 Three Hundred Sixty-Five Thousand Dollars ($365 , 000 . 001, which is one hundred percent (100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of- Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/9/27/02 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of One Hundred Eighty-two Thousand Five Hundred Dollars ($ 182, 500 .go 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. X 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 Bonanni Properties and D. S . Products 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 i 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/fonns/subdiv 10-18-01/9/27/02 11 I I 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 Bonanni Properties and D. S . municipal corporation of the State of California Products Ed Bonanni ATTEST: print name ITS: (circle one)" ai residenWice President Cpar ner.,) AND City Clerk WOIo By: APPROVED AS TO FORM: 1,4 R. L/Sfreddo r t print name rn ITS: (circle one)Secretary/chief-Financial Officer/Asst. City Att - Secretary Treasurer'Partner Ulu 6� INITIATED ND 3AP VED: REVIEWED AND APPROVED: City ngineer ity Administrator agree/forms/subdiv 10-18-01/9/27/02 12 ATTACHMENT 7 BOND NO. 41006652' PREMIUM SI25•ao MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Bonanni Properties and D.S.Pmducts,A General Partnership 16438 ' as Subdivider of Tract No. 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 Bonn°'Properties and D.S.Products,A General Partnership (Subdivider) as principal,and Platte River Innuance 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,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 Califomia. IN WITNESS WHEREOF,we have executed this instrument this 21st day of June2004 Bonanni Properties and D.S.Products,A General Partnershipas Principal By, By:. Cz% P tte River om y as Surety By: Jo age Attorney in-Fa By: APPROVED AS TO FORM: � 2`'l NNIFER McGRATH,City Attorney sovx.ot PLATTE RIVER INSURANCE COMPANY 41006652 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE CONIPACNY,a corporation of the State of Nebraska,having its yj i"A principal offices in the City of Madison.Wisconsin,does make,constitute and appoint JOHN T.PAGE OF FOLSOM,CA its true and lawful Attorney(s)-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 �ir0-- amount the sum of -- -—---- NOT TO EXCEED$2,500,000.00 ---------—----- - M 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 'M of Directors of PLATTE RIVER IN-SUR at a meeting duly called and held on the 8th day of January,2002.--*.N C E C 0 M P.A -Y "RESOLVED,that the President,and Executive Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and i14N�.,x. Xi other writings obligatory in the nature thereof, one or more vice-presidents,assistant secretaries and attomey(s)-in-fact, each appointee to have the 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 JIM such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures J;ti; or facsimile seal 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." ........... IN WITNESS WHEREOF,the PLATTE RIVER LNSURANCE COMPANY 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 COMPAONTY \110�0.11'I SURAIVC11�111441 cOFtP0RAr,, C Xv 0,47-/ . "'L 1�1 am wJ g L _ML! Thomas K.Manion SEAL = David F.Pauly Treasurer President and CEO ............ STATE OF WISCONSIN I S.S.: COUNTY OF DANE 3 .......... ............. On the 8th day of January,2002 before me personally came David E Pauly,to me known,who being by me duly sworn,did depose and say that he 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 by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 4 KATHLEEN A. PAULSON Kathleen A.Paulson Notary Public,Dane Co.,WI STATE OF WISCONSIN S.S.: My Commission Expires 10-15-2006 COUNTY OF DANE CERTIFICATE 1,the undersigned,duly elected to the office stated below,now the incumbent in PLATTE RIVER INSURANCE COMPANY,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 /A revoked;and furthermore,that the Resolution of the Board of Directors,set fqrth in the Power of Attorney is now in force. Signed and sealed at the City of Madison,State of Wisconsin this day of 2 SEAL ! Ja mes W.S mirz Assistant Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER I RIGHT HAND CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. V-t PR-001(12-03) TOM 1111111r111111 ngylflf M�r.1.1111,11M 7wo -mot �--Jfffm #141 T....1141, fA, ♦ -; x 'it ' ...... 11,11, fill • AOL ALL-PURPOSE ACKNOWLEDGMENT State of Californiaj_ County of C ,� SS. � �� ` On �U o?I. .��u'7 before me, personally appeared ��r l In 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 capacity(ics), and that by his/her/their LeSHARON M. SMITH signatures(s) on the instrument the person(s), COMM.#1480828 or the entity upon behalf of which the NOTARY PUBLIC-CAUFORNIA N sacamen1o�' person(s) acted, executed the instrument. MY Comm.EipiM APR.6,M8 � W TNESS my hand and official seal. i 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 `� z4 I V�)Oto(o S TITLE OR TYPE OF DOCUMENT MUM ❑ PARTNER(S) 9 ATFORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER g SIGNER IS REPRESENTING: RIGHT THUMBPRINT NA%IE Or-PERSON(Si OR EN7rrY(IES) n OF SIGNER s 0 a APA 5199 VALLEY-SIERRA. 800-362-3369 17672 Beach Blvd,. Suite F Huntington Beach, CA. 92647 (714) 848-8220 FAX: 842-8777 ACKNOWLEDGEMENT STATE OF CAL }SS. COUNTY OF JJl On _ l_aa�o ___ __ before e, the undersigned Nota P_ bl}'c in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person/persons whose name/names is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their -authorized capacity/capacities , and that by his/her/their signatures on the instrument the person/persons, or the entity/.entities on behalf of which .the person/persons acted, executed the instrument . WITNESS my hand and official seal. signature FOR NOTARY SEAL OR STAMP ANGELA ERICKSON COMMISSION#1278510 Notary Public•California i z ORANGE COUNTY v My Commission Expires OCTOBER 25,2004 Document Title Document Date Number of Pages Other Signatures Not Acknowledged SSS1296A REV.7194 BOND N0. 41006655 PREMIUM S7,300-00 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 inslaA and complete designated public Improvements,which said agreerriont,dated June 21 AO .and identified as project Tract 4 16 38 is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terns of said agreement to furnish a bond for the faithful performance of said agreement. . Now,therefor,we,the principal and Pratte Ri%er Insurance company as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City'.the penal Sum of Three Hundred Sixty Five Thousand—Ooioo dollars($_365,000.00 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 flings stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the s6id agreement and any alteration thereof made as therein provided,on his or their pan,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 Uierein 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 addllon to the face amount specified therefor,there shall be included costs and reasonable expenses and fees;including reasonable attorneys j fees incurred by'City in successfully enforcing such,obtigation,all to be taxed as costs and included in any judgment rendered. _ I The surety hereby stipulates and agrees that no charge,extension of Ume,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 terns of the agreement or to the work or to the specifications. In witness whereof,this inslrument has been duly executed by the principal and surety above named,on Juae21 z�ppq Bonanni Properties and D.S.Products.A General Partnership .as Principal By Platte River lns o pany as Surety By John age Attorney in F By APPROVED AS TO FORM: J IFER MCGRATH,City Attorney 2 • • BOND NO. 41006655 PREMIUM 57,300 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'Piincipal'have entered into an agreement whereby principal agrees to instal. and complete designated public improvements,which said.agreement,dated_ June?1 `43 2004.and identified as project Tract#16438 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 Huntingdon 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 prindpal 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 One Hundred Eighty Two Thousand Fi%e Hundred—00/00 dollars(s 182.500.00 ),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,wig pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by'W 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 shag insure to the benefit of any and A persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Cnnl 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 shag 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 terns of said agreement or the specifications accompanying the same shall in any manner I 900 affect its oblige on this bond,and it does hereby waive notice of any Whange,extension,alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on June 21 2004 Bonanni Properties and D.S.Products.A General Partnership Principal By: ram-- ' PROVE AS TO FORM: By,. - ta Cc1 t NNIFER McGRATH,City AW Platie -ver Ins acmpany as Surety Byell Joh Page Attorney-in- act By: . STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) // ON IL9 BEFORE ME,��-`�1�1 C �-S y✓, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 00'L2 kg`t,I AND Y—' (- t a D 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 WID SIGNATUR MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AN6 FOR SAID STATE IN ✓� COUNTY (NAME PRINTED) MY COMMISSION EXPIRES D 0S STATE OF CALIFORNIA ANGE1 J ERICKSON COMMISSION#1278510 ) SS c Notary Public-California COUNTY OF ORANGE ) ORANGE COUNTY c My Commission Expires ON BEFORE ME, OCTOBER 25,2004 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 eo90 of 2 9090 ........... 42,iU W01111 M, ZN PLATTE RIVER INSURANCE COMPANY 410066 ,55 POWER.OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COINIPAIN-Y,a corporation of the State of Nebraska,havin,,its principal offices in the City of Madison,Wisconsin,does make,constitute and appoint JOHN T.PAGE OF FOLSOM,CA its true and lawful Attom' ey(s)-in-fact, to make, execute, seat and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds. undertakings and contracts of sureryship,provided that no un d bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of 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 COMPANY at a meeting duty called and held on the 8th day of January,2002. "RESOLVED,that the President-and Executive Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereb,,.are 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 ot h writings obligatory in the nature thereof, one or more vice-presidents,assistant secretaries and attorneys)-in-fact,each appointee to have the powers and duties usual to such off-ices 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 or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligator-, 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.' IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its vle corporate seal to be hereto of Lxed duly attested by its Treasurer,this 8th day of January,2002. P.. Attest: PLATTE RIVER INSURANCE COMPANY v #', q,A ii�%SSUNN el N ........ ........ 0 ros 0RPORA7-e A-A V71 SEAL Thomas K.Manion David F Pauly Treasurer President and CEO STATE OF WISCONSIN NEBRASO COUNTY OF DANE On the 8th day of January,2002 before me personally came David F Pauly,to me known,who being by me duly sworn,did depose and say:that he 1, resides in the County of Dane. State of Wisconsin; that he is President and CEO of PLATTE RIVER INSURANCE COMPANY, the corporation 0 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 by order of the Board of Directors of said corporation and that he signed his name thereto by like order. KATHLEEN A. PAULSON Kathleen A.Paulson STATE OF WISCONSIN Notary Public,Dane Co.,WI Not, S.S-: COUNTY OF My Corrunission Expires 10-15-2006 DANE CERTIFICATE 1,the undersigned,duly elected to the office stated below,now the incumbent in PLATTE RIVER INSURANCE COMPANY,a Nebraska Corporation, authorized to make this certificate.DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has nut been 11 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 0 0 q ' SEAL James W.Srmmir Assistant Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. -Z�*g ;Ro. V 1jillLin-1.111111M rjulml VIUR11111111 fun 411 n:W4.mt Will. _7 if In', -jimit Alm 4 M1.11; 'w" .....• .......a. .. _4 ALL-PURPOSE ACKNOWLEDGMENT State of California ^ SS. County ofVY1 On. oZl� o��� before me, � - --- iDATEI personally appeared SIGNERi 5 i 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 acknowled-ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), SHARON M. SMITH or the entity upon behalf of which the NComm.YPUBUC-CAUFO ffAA person(s) acted, executed the instrument. � NOTARY PUBUC•CAUfORNIA 41 sumimento County r My Comm.Exoru APRA 2011A y WITNESS my hand and official seal. S)G�ATURr - - 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 n ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrrLEiS) ❑ PARTNER(S) 5PATrORNEY--IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR E-VMMIES) OF n' E SIGNER a a 0 APA 50) VALLEY-SIERRA. 8t)U-362-3369 i • RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Approve Final Tract Map No. 16438 Seaside Terrace 10 numbered/ 1 lettered lot subdivision COUNCIL MEETING DATE: July 19, 2004 RCA ATCHMENTS ST TA ATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS` REVIEWED RETURNED `. FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ;EXPLANATION FOR RETURN OF ITEM. SpaceOnly) RCA Author: HZ:SH:RT:rl