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Final Tract Map No. 15964 of Tentative Tract Map No. 15964 (
-a nti..-,ai„4Y Ln'-.'h �+ :/f's7c'''I F `'f' - -;.i. - 1 _i St ,c.= {,i ,{::`t µ`,.-i _ •_.,�- a._.-,,Ot _.� ' f - �.-- .. ,t U,`,i hR-ir I of .�-} t -7``+�hJ slT�hr 1."wtr"'a J:.'...,` 1n.�r'..r , 1 - 't"�. `-:w°'r-� •.r31� Yi}.,,y t �.'.r.,Cori i•{ � 1'��id{; %1:=�1 •• 'u 1-t'1 RECEIVED BY: r e- ( • CITY CLERK RECEIPT COPY. f " Return DUPLICATE to , ) 1M 1 AAA ( ��t� ) (Name) after signing/dating I, (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer �A-TT-fd--dtM-Sleb©jarseputp FROM: till (111,10 DATE: SUBJECT: Bond Acceptance I have_received the bonds for o � l ' V(Company N e) Faithful Performance.Bond No. U Labor and Material Bond No. Monument Bond No. � Maintenance Bond No.. Re: Tract No. J 1 W CC No. �..- MSC No: Approved �'�'O� Agenda Item No. (Council Approval Date) r_nn City Clerk Vault No. • �tl g:/jah/bondlefter.doc ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 15964 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15964 conditions of approval, as approved by the City Council. 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. 3SM 050 080 00 (Attachment No. 7). b. Labor and Material Bond No. 3SM 050 080 00 (Attachment No. 7). c. Monument Bond No. 3SM 050 079 00 (Attachment No. 7). f 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT 2 I � � a s � PROJECT SITE • TAIJ[YY \ ♦ .r.Aarata ' _ /vaarrowv � 1 n-a -si4i 7w°�.wuout iz�si �s .•zo-rt 50-�0 �. -AiLWLA X 7 GARFIEID 7 l-Y EACLIFF N SPE IC 'AKNMG MI-A R2 8 MI-A•0 R" R� 1 MIJ s " R PLANmISTF ......._- °•. ,± :a rAcaer�rv'..n., R� �3 ::•' R2-0-PD b a V'yy��� °('++' i. 4 Ist i2 :K •z-a-sA .C� ...�...i�:.� � a. RI :.God.., �c ttz.a�••° i i `I"•-.et'--- .go.•a.cc -R2-D-PDk¢i;..: `•• . 2 R2'D RI I_LY- SEACLIFF -CIFIC PLAN - OP O-CD {`:RZ o Po- RP , R2-' VICINITY MAP TTM 15964 CUP 99-73 THE CITY OF HUATINGTON BEACH ATTACHMENT 3 ;,"j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 12, 2003 Orange Coast Title Company 640 N. Tustin Santa Ana, CA 92705 Attn: Kevin Reighling, Title Officer (714) 558-2836 Re: Final Tract Map No. 15964-Order No. M272755-6 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return duplicate Mylar, 2 prints,and a digital file disk of the Tract Map to Kris Winchak, Department of Public Works, P.O. Box 190, 2000 Main Street, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk Enclosure Received by: Dated: 1Z/0 #25 g:/followup/tract/tractmap2002.doc (Telephone:714-536-5227) NOTICE Of COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING I TO: CITY CLERK DATE: FROM: PLANNING DEPARTMENT TRACT NO. 15a6 i PARCEL MAP NO. N PARK AND RECREATION FEES PAID: ❑ YES $ 5/-t2g ❑NO DEVELOPER: A for- Howard Zelefsky i Director of Planning i J. >Yt4 CITY OF HUNTINGTO11BEACH INTERDEPARTMENTAL COMMUNICATION TO: Connie Brockway City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 15964 (Authorization to Record) DATE: April 16, 2003 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 Reighling ORDER NO.: M272755-6 LOCATION: S/E Corner of Main St. & Holly St. PHONE NO.: 558-2836 Kris R. Winchak G:/Eng/winchak/Forms/Map auth to record CITY OF HUNTINGTON BEACH [Oil 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: J u n k tq' O jJ TO: 60(1116 �YDD�V�ie'� �.J. i'WJA(7S ATTENTION: k KKt Name 5�l t �14a rt k DEPARTMENT: Str t C A Kj I j\�_t &A (h , '1 L 1 4 1 REGARDING:6 lA 4) 1111 5I��arQ�{'1t State,Zip I duo ►S1 � See Attached Action Agenda Item Date of Approval Enclosed For:Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds t� Insurance RCA �— Deed Other CC: r Na e ' artment RCA Agreement Insurance Other ' (�Vut �aVle r ✓ ✓ Na�9 ( artment RCA Agreement Insurance Other TA.�atAh [ lC r Na Djoartment RCr Agreement Insurance Qther �. �YQI(IT vtrtiLb r . I V j upildS Name Department RCA Agreement Insurance Other Name Department RCA Insurance #51 g1followup/letters/coverltr.doc (Telephone:714-5 36-5227) (11) May 5, 2003 - Council/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 voter E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency regular meetings of February 3, 2003 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. Approved and Adopted 7-0 E-2. (City Council/Redevelopment Agency) Approve Sale Under the City's Municipal Code Surplus Property Provisions of Property at 2502 Delaware Avenue for Habitat for Humanity Housing Proiect (Remnant from Yorktown Widening Proiect) (650.70) - City Council Actions: - 1. Approve the sale of the parcel at 2502 Delaware to the Redevelopment Agency for$112,500 (appraised value less 10%) and Authorize the Mayor and City Clerk to execute the Grant Deed from the City to the Redevelopment Agency and send to the County for recordation after the Agency Clerk has affixed the Acceptance Certificate of the Redevelopment Agency. Redevelopment Agency Action: 2. Authorize acceptance of the Grant Deed by the Redevelopment Agency. Submitted by the Economic Development Director/Deputy Executive Director and Administrative Services Director. Funding Source: Federal HOME Funds for the site acquisition costs by the Redevelopment Agency. ($112,500 will be credited to Measure M account.) Refer back to staff to evaluate sale price 7-0 E-3. (City Council) Approve Final Tract Map No. 15964 of Tentative Tract Map No. 15964 (Peninsula Point - 13 Numbered/2 Lettered Lot Subdivison) e/s Main Street, n/o Clay Avenue at 19248 Main Street(Holly-Seacliff Specific Plan)— Approve Subdivision Agreement with Bonanni Properties & D.S. Products (420.60) 1. Approve Final Tract Map No. 15964 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 Bonanni Properties.& D. S. Products for Tract No. 1.5964 (A California . General Partnership) 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. 15964 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15964 Conditions of Approval, as approved by the City Council. 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. 3SM 050 080 00 (Attachment No. 7); (b) Labor and Material Bond No. 3SM 050 080 00 (Attachment No. 7); (c) Monument Bond No. 3SM 050 079 00 (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 7-0 �1 S.�reideNr�c-�,TrelxSurQr R� a c►�, la Kai-J Council/Agency Meeting HeldS— Deferred/Continued to: u-3 proved ❑ Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date: May 5, 2003 Department ID Number: PL03-13 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION o W -{ SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS c' N C% SUBMITTED BY: RAY SILVER, City Administrator047-� -;- '-- PREPARED BY: HOWARD ZELEFSKY, Director of Planning 194 SUBJECT: APPROVE FINAL TRACT MAP NO. 15964 OF TENTATIVE TRACT MAP NO. 15964 (PENINSULA POINT 13 NUMBERED/2 LETTERED LOT SUBDIVISION) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 15964, located on the east side of Main Street, north of Clay Avenue, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15964 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 & 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. 15964 and reject the offer of dedication, improvements and . j bonds". -3 • REQUEST FOR ACTION • MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: PL03-13 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Bonanni Properties & D.S. Products, A California General Partnership 5622 Research Drive Huntington Beach, CA 92649 ENGINEER: Gilbert Engineering 4552 Lincoln Avenue, Suite 206 Cypress, CA 90630 LOCATION: 19248 Main Street (East side of Main Street, north of Clay Avenue). 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: 1.56 acres/ 67,953.6 sq. ft. (gross) NO. OF NUMBERED LOTS: 13 NO. OF LETTERED LOTS: 2 NO. OF UNITS: 13 (Detached Single Family Homes) DATE OF COMPLETE APPLICATION: April 14, 2003 MANDATORY PROCESSING DATE: May 19, 2003 DISCUSSION: On November 20, 2000, the City Council approved Tentative Tract Map No. 15964 in conjunction with Conditional Use Permit No. 99-73 for the construction of 13 detached single family residential units. The project was appealed to the City Council after the Planning Commission denied the proposed subdivision. Tentative Tract Map No. 15964 is a 1.56-acre subdivision consisting of 13 numbered lots and two lettered lots with the vacation of a portion of Holly Street for the purpose of constructing a cul-de-sac. The subdivider has satisfied the park and recreation requirement for this project by paying $115,928 in Park and Recreation fees. The 15% affordable housing requirement for this project has been satisfied by assignment of two units located within an existing off-site twenty-unit condominium project at 19172-B / 19172-C Holly Street (east side of Holly Street, north of Clay Avenue). PL03-13 -2- 4/18/2003 8:28 AM • REQUEST FOR ACTION • MEETING DATE: May 5, 2003 DEPARTMENT ID NUMBER: PL03-13 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 City Council on November 20, 2000. Environmental Status: This action to accept Final Tract Map No. 15964 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's . . - NumberDescription 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 15964 with site plan 4 Tentative Tract Map No. 15964 Findings and Conditions of Approval 5 Final Tract Map No. 15964 6 Subdivision Agreement 7 Bonds (Monument, Labor and Materials, Faithful Performance) RCA Author: Rami Talleh/Herb Fauland I PL03-13 .3- 4/18/2003 8:28 AM TENTATIVE Tract Nip 1 ° 1 &4 'IN CITY I CaNff CP ORNW., DTAM OF G143l.IPOMA FOR Il mom Fumpom - I�sIAL OesrwslPrtoH PROFS LOY� ALL THAT CERTAIN LAND SITUATED IN THE STATE OF GALIFORNIA.COUNTY OF LOTS I TO 19•SIN&LE FAMILY ORANGE,CITY OF RUNTINSTON BEACH,DESCRIBED AS FCJ.OW5. LOTS 34,M,36 a 37 BLOCK'9" - LOT'A'.STRZ PUBLIC UTILITY AND LANC` PURPO S. BARFIELD STREET ADDITION TO RncnN67ON BEAGIH LOT'B",LANDSCAPE PLRP05E5 BOOK T/27-2b .. - CITY OF"TINISTON BEACH DATUM;HB 254 89 O EASEMENT FOR PIPE LINED IN FAVOR OF STANDARD OIL IN THE SOUTHWEST PART OF THE INTERSECTION OF BEACH BLVD. COMPANY AFFECTINS TE EASTERLY 10 FEET OF LOTS 3495,315, _ AND 6ATFIELD AVEN.F:;66.4 FEET NEST OF THE MEDIAN OF BEACH BLVD.; a 37 OF SAID 6AWIELD STREET ADDITION TO HLINTLNOTON 464 FEET SOUTH OF THE GENTI5;QJNE OF OARFIELD AVENIe,SET IN THE BEACH.SAID EASEMENTS ARE PROVIDED IN DOGWENiS RECORDS SOUTHWEST CORNER OF A 270 FT X 5.0 FT CONCRETE CATGM BASIN. I IN BOOK 401,PAGES 155,158d60 a 157 RESFECTIVELY OP MAPS. ELEI/AT10.W Si914(14T6 ADJ) I IT IS LEL.IE\4� THAT'HERE ARE NO ACTIVE FACILITIES WITHIN THIS EA523$NT AND UNDERSTOOD THAT TIH15 EA--a—=NT UTILITY PURVEv0 Z4 I I WILL BE GUTCLAIMED AND ABANDONED. ere 040mm SS-8;b CITY OF HIIPCTIN&TON BEACH . CvI11.41W 111-11 Av mII I WATER CITY OF HINTIN6TON BEACH I ELECTRICITY. SGUIHERN CALIFORNA FDISON COMPANY / I I - T= (714�wromfo , ' � 9A5. SOUTHERN GNJFORNA OAS COMPANY EGA CtT..Oi/1a1�tlYO>� - - TELEPHONE, 6ETH7i/d_TELEPHONE COMPANY GABLE TINE WARNER CABLE COMPANY SoMmipse Homm DAYS OF FWZPARATIC" / / HUN1NW01I _1Gt IAA 92US NOVEMI$R I949 PROP'OSW UW. SIN6LE FAMILY RESIDENTIAL / I � 1 I AREA EXISTING 9RO55, b3908 S.F. 6654 VACAT'ON 4ABb S.P. / y y� 4- REVISED GR055. 68J46 S.F. vArAym PJL • RAT'A". 14,444 S.P. " I I LOr"B'. 5,16E S.P. . NL?r.(LOTS 1 TO IB)46594 S.P. P�6 i I oe Ex TOP•x TO, I SCALE: I"=40" � �� 1 34 61Wsapr � I I "Aa PAD. Y / / v 9948 60J'T i a PAD.67AC �, v v L 0 T J B , I I I PIO�Y SUL IW[ iim r4AM . �j � ,j °p Y � .� I I I I I waamm am --•:.... raffia mm a arnx a +'� I I li ►e nlwexr &ATE 9443 AD 67.4 / P4o. I II II MOTION •®•O° _ //. ;/ p 4 • ° ' I I P.P.50 LOt W A RMMIli11! 6730 I 9562 SOFA' I T ao. PAD.61.00 I a° / 6 7T'p L O T 37 I ATEts a' awlZ u> / I / PAP 67 LOT'Is / PADS 6730 4420 9OPT I i i 1 I I PAD 6T BLO& I I 6' FL'NCE 1O I I - - P.H. ///-/ ! 6'CL Pm•ICL .J (fT -•._-----�. I iSATB / L FENCE! I 9 FENCE - TC ' I I 1 / I1 LOT ]e CIO 7. III aAqSATE - ' YI / c. I! I n/ 64.I! � uH. � - - - �sT���arce - �4.6iY AMR - B-1-0O 99-11 I \ 13-Singglle�7 Family �7Hoomes,,Huntington Beach \ developed by: SOUTHRIDGE HOMES j-,.. BEGOVICH+HAUG \ Rn 10i,YE,]m~ n Sob:V,C.,•V ® Conceptual Site Plan Project Data r a/n Slr RaMtlmn.6tl4-.: yM��. 8 o,.1e"i.4ineesra a.at. Purt RAM] ^4 P >.\ Sbmlvapr. I,.awgRl P. , xora r..a \ wwulae Ra�eJiwiwr�rs�".ebi.• I 1 ! ;/f \ \ Typraiemnerr raa flVl e] 1'IM'�.R 8 \ ' � � .�r a awe ryp 2•. r tnreq / \ a. flaP� P ram. a \ rt m ate Street \ rre r - t 7. graB d q' \ a aV ,ae _ — — nwrn'0�6.— — — — — — — — \ tsar z":: \ •. 4 C b Holly Street Raaoea Uf 4 Uma9 ATTACHMENT 4 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 15964/CONDITIONAL USE PERMIT NO. 99-73 FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15964: 1. Tentative Tract Map No. 15964 for a 13 unit single family residential subdivision is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, or any applicable specific plan,or other applicable provisions of this Code. The proposed tract map for a single family detached project is a permitted use in the Medium Density Residential district. 2. The site is physically suitable for the type and density of development. The property was previously studied for a greater intensity of land use(15 units/acre) at the time that the General Plan designation and Holly Seacliff Specific Plan zoning were adopted for the property. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the 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 site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. There are no environmental impediments to the project. 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 proposed street closure and construction of the modified cul-de-sac will improve access along Main Street, and will allow the City to maintain all utility easements within the vacated portion of the street right-of-way: Public pedestrian access will be maintained between Holly Street and Main Street. 400&12TGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-73: 1. Con i ermit No. 99-73 for the establishment, maintenance and operation of the 13 unit_ single family subdivision, closure of Holly Street and construction of a modified cul-de-sac will not be detrimen neral welfare of persons working or residing in the vicinity or detrimental to the value o and improvements in the neighborhood. The design of the proposed subdivision properly a a sed structures to streets, driveways, and other adjacent structures and uses in a harmonious manne . 2. Conditional Use Permit No 99-73 will be compatible wit uses. The proposed triangular shaped subdivision is surrounded on two sides by public streets an ed residential apartment project on the third side. The subdivision will be located in a re Compliance and code provisions will ensure mitigation measures of Environmental Impact Report No. 89-1 e project will be compatible with other area developments. 3. The sed 13 unit single family subdivision will comply with the provisions of the base district and o licable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Or *in ddition, any specific condition required for the proposed use in the district in which it would be loc The proposed units meet all code provisions, including lot size, frontage, density, building height, cks, and parking. 4. The granting of the c 'onal use permit will not adversely affect the General Plan. It is consistent with the Land Use Elem signation of Medium Density Residential on the subject property. In addition, it is consistent Ai following goals and policies of the General Plan: LU 9.1.2: Require that single f esidential units be designed to convey a high level of quality and character considerin ollowing guidelines: a. Modulate and articulate building elevate ades and masses (avoiding undifferentiated"box- like" structures). d. Encourage innovative and creative design concep LU 9.3.2: Require that the design of new residential subdi consider the following: b. Integrate public squares, mini-parks, or other landscape elemen g. Orient housing units to neighborhood and collector streets. i. Consider reduced street widths to achieve a more"intimate"relationship betwe tures,to the extent feasible and in accordance with Huntington Beach Fire Department regulatio CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO. 15964: 1. The tentative map received and dated August 1, 2000 shall be the approved layout. 2. Prior to submittal of the final map to the Public Works Department for processing and approval by the City Council,the following shall be required: a. The Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on-site or off-site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: 1) Minimum 15 percent of the units (2 units) shall be affordable to families of moderate-income level (80%-120% of Orange County median) for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners'Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. a. The developer shall be subject to and pay any impact fee for road improvements imposed upon the property within the Holly Seacliff General Plan Amendment Area intended to recover the cost of right-of-way acquisition and construction costs for curb, gutter, sidewalk and ten feet of pavement, in connection with the PLC Land Company's widening of Gothard, Goldenwest, Main and Garfield ("Holly Seacliff Traffic Impact Fee"). Said fee shall be in addition to the City-wide traffic impact fee established pursuant to Chapter 17.65 of the Huntington Beach Municipal Code, or any successor ordinance. Said Fee is currently estimated to be $40,000, but the actual fee may be materially higher or lower. If a Holly-Seacliff Traffic Impact Fee has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Payment of Holly-Seacliff General Plan Amendment Area Local Area Traffic Impact Fee. b. All vehicular access rights to Main Street and Holly Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (PW) c. Hydrology and hydraulic studies shall.be submitted for Public Works approval. The Developer shall design and construct drainage improvements as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. The . Developer shall design and construct off-site drainage improvements as required by the Department of Public Works to mitigate impact of increased runoff, due to development, or deficient, downstream drainage systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. (PW) d. The sewer and storm drain system located within the private street shall be private and maintained by the Homeowners Association. (PW) e. All public utilities and appurtenances shall be located within an easement dedicated to the City. (PW) A qualified, registered engineer shall prepare a detailed soils analysis. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction, foundations, retaining walls,pavement sections, and utilities. (PW) g. The Final Map and phased maps shall be consistent with the approved Tentative Map. (PW) h. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18, for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. (PW) 2) Provide a digital-graphics file of said map to the County of Orange and City of Huntington Beach. (PW) 3) Provide a digital-graphics file of said map to the City of Huntington Beach after recordation per the following specifications: Design Specifications: a) Digital data shall be full size (1:1) and in compliance with California coordinate system— STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. b) Digital data shall have double precision accuracy (up to fifteen significant digits). c) Digital data shall have units in US FEET. d) A sparate drawing file shall be submitted for each individual sheet. e) Digital date shall in compliance with the Huntington Beach Standards Sheets, drawing names,pen color and layering conventions. f) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. File Format and Media Specification: a) Shall be in compliance with the following file format: AutoCAD (version 13 or later) drawing file: _.DWG b) Shall be in compliance with the.following media type: CD Recordable (CD-R) 650 Megabytes i. A reproducible mylar copy and a print of the recorded final map shall be submitted to the Department of Public Works immediately after recordation. (PW) j. All Public Works fees shall be paid. (PW) k. All improvement securities (Faithful Performance, Labor & Material and Monument Bonds) and Subdivision Agreement shall be posted with the Public Works Department and approved as to form by the City Attorney. (PW) 1. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) m. That west half(30.00 feet) of Holly Street which bisects lots 10, 11 and 12, located within the tract boundary, shall be vacated on the Tract Map. Easements shall be retained for public utilities. (PW) n. The east half (30.00 feet) of Holly Street adjacent to lot 12, shall be landscaped. Landscaping improvements shall be designed and installed per Public Works Standards. (PW) o. Holly Street shall be designed to modified Standard Drawing No. 104 with 60-feet of right-of-way and with a 40-foot curb to curb width. Sidewalks shall be 4-foot wide minimum with a 6-foot wide parkway adjacent to the curb(sidewalk shall be ADA compliant). (PW) p. The proposed private street shall be a lettered lot. It shall be designed to modified Standard Drawing No. 104 with 32-feet of right-of-way and with a 26-feet curb to curb width. Sidewalks shall be 4-foot wide minimum (sidewalk shall be ADA compliant) with additional width provided at driveway depressions. (PW) q. A phasing map shall be submitted for approval to the Public Works Department showing improvements to be constructed and right-of-way to be dedicated with each phase. All required infrastructure, including Holly Street shall be designed and constructed with the first phase. (Pt�) r. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: 1) An easement over the private street for Police and Fire Department access purposes. 2) A 2.00-foot public utility easement as shown on said map. 3) The water system and appurtenances as shown on the improvement plans for this tract. 4) Access rights in, over, across, upon, and through the private street for the purpose of maintaining, servicing, cleaning,repairing, and replacing the water system. (PW) s. 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. t. Fire hydrant locations shall be approved by the Fire Department. u. All common area improvements shall be completed by the developer. i v. Signing, striping and street lighting shall be designed and constructed in accordance with Public Works Standards. ,v. On-site drainage shall not be directed to adjacent properties,but shall be handled by a Public Works approved method. 4. The following conditions shall be completed prior to issuance of a grading permit: a. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. This plan shall also include erosion and silt control for wind blown and water runoff during construction and site preparation work. Final grades and elevations on the Grading Plan shall not vary by more than one foot from the grades and elevations on the approved Tentative Map. (PW) b. A detailed.soils analysis shall be prepared by a Registered Engineer. This analysis shall include Phase II Environmental on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, landscaping, liquefaction, ground water, chemical and fill properties,retaining walls, streets, and utilities. (PW) c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PVC') d. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Trees, and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation service sizing. (PW) e. A remediation plan shall be submitted to the Planning, Public Works, and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval, including methods to minimize remediation related impacts upon the surrounding properties. (PW) f. The name and telephone number of a field supervisor hired by the Developer who-is on-site shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating whom to contact for information regarding this development and any construction/grading related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the number of the applicants contact, City contact (Jack Miller at 714-536-5517) regarding grading and construction activities, and "I-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) ' g. The applicant shall notify all property owners and tenants within -3 00 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) h. The Developer shall coordinate with the Department of Public Works to develop a truck haul route if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours that transport activities can occur and methods to mitigate construction related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PVC i. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) - j. A plan shall be prepared and submitted to the Public Works Department for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site. (PV ) k. A plan shall be prepared and submitted to both Public Works and Planning Departments identifying wind barriers around remediation equipment. (PV ) 1. Blockwall/fencing plans shall be submitted to and approved by the Department of Planning. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owriers and make reasonable attempts to construct one common property wall. If coordination between property owners can not be accomplished, the applicant shall construct a six(6) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from property line. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. The applicant shall provide proof to the City that all adjacent property owners have been contacted. 5. During grading operations,the following shall be complied with: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soils damp enough to prevent dust raised by the operations. b. All haul trucks shall arrive at the site no earlier than 8:00 a.m., and leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. c. Wet down areas to be or that are being graded in the late morning and after work is completed for the day. d. The construction disturbance area shall be kept as small as possible. e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. f. Prior to leaving the site, all haul trucks shall be washed off on-site on'a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. h. Wind barriers shall be installed along the perimeter of the site. i. The remediation operations shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. j. Construction equipment shall be maintained in peak operating condition to reduce emissions. k. Use low sulfur(0.5%) fuel by weight for construction equipment. i 1. Truck idling shall be prohibited for periods.longer than 10 minutes. m. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. n. Discontinue operation during second stage smog alerts. o. Comply with the NPDES Storm Water Permit requirements. 6. The Departments of Planning,Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until.the Planning Director and Public Works Director have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission's may be required pursuant to the HBZSO. ARNDITIONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 99-73: 1. Th received and dated August 1, 2000, and floor plans, and.elevations received and dated Novem 99 shall be the conceptually approved layout with the following modifications: a. A minimum 1 building setback shall be provided on Lot 11 in compliance with the Holly Seacliff Specific PI b. A minimum 10 ft. wide landsc ent shall be provided along the Holly Street property line adjacent to the open guest parking c. Elevations shall depict colors and building mate osed. Buildings shall be redesigned to be less "box-like." The design of the proposed homes articulated with off-sets and architectural features. Final elevations shall be reviewed ved by the'Planning Director. d. Depict all utility apparatus, such as but not limited to back flow devi Edison transformers on the site plan. Utility meters shall be screened from view from public r -way. Electric transformers in a required front or street side yard shall be enclosed in subsur S. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Tentative Tract Map No. 15964 and Conditional Use Permit No. 99-73 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Tract Map No. 15964 and Conditional Use Permit No. 99-73 shall become null and void unless exercised within two years of the date of final approval which is September 26, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15964 and Conditional Use Permit No. 99-73,pursuant to a public hearing for revocation,if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building,Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Park Land In-Lieu Fees based upon Ordinance No. 3468 adopted by the City Council in July 2000 shall be paid prior to approval of the final map by the City. 7. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PV ) 11. State-mandated school impact fees shall be paid prior to issuance of building permits. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) ATTACHMENT S T15 y I E� � �Y� ilfi_vC •Si ��_�� � �"r - _ "!E Z 8�S• adf e.e-w EfaE - ■ Atli= ig i �� i ac s .gl �$ lie I o t s Ila bow i. � _ °o � fig-g � } b �1b ;'•i a R eE=� AO «« 6- ij.■�-°_ i _os __i v is«Y{, ¢4 b� `ui�S '� •-� ,Fwu w� a ig«e�Y« _e i-o `O �•«� S bi rsa �__ `! IvE 0«8$ •_08 ==31�- I g■�! � ����� ! � � I :b� ! IP w=ii _€_«JR - e i-8i6iYoE� YY• p ev aE �=ig6•i « -e=i -ii� s 5 € - e -. #$i$�a ; «s $� $=t i LOA The kolz w -02 AH P g a a E;" s�go aE 42 •i� •ii.;;L241 i sus LA i °� s ■giii -lei 0.12 a $$ a'= s a o s`' Ei =a �S r "a= is jsg b - �YI«_i �__ g «!! Y g - eta« F : i g _at iYi« if i !�s - ==a :� a 4L.i;a - ��a R E I $ -A w _ b � :� air � st �� #=Se #- N ri #- < a 8aai«.8'• ; a k 8 3 e.`e G N i t^ _F 8d.a 8 ii e I lob Nit R A g I piE MM �a� R � !p $a$ 9 • Lu ( �. 6�emrdce.sn►Aem. ,.rt,wM g . w p pea a t $ �- R / o I N k !-6 a4 �� - ° N / AU Or IM YJ� = TRACT No. rs984 SMW"W' 1u Att c�=aME Mwff a& teas Qo W7Y OF aWM' #AM Cr AW"EV "r." STA 1F OF CAUcEWA >�sr�t��aealMt mraia�. s c ter,Rrs aarr-�r alamss jA rIs v�ni■wA a►,lu�soneeltr wo MOMaeir noo � �.-�as�oa w aamv Aw / - AW i y �AQlr�7LRiiffR• I T� / � II AIL OWff WSW AR or CA CLAY A%9 J � / mm s 9L�' f'q•�' AImrC11►l AOl&1► IL wM m/«-ra A o m►rAm �o Nam EMa��o 1 / is Pum uMM Rw PO 1K§MW W AIL tact / / .S R• , j 3 Wr Y N R>MO1®FOR WOOCW RIIROM o N • 2 � � 36 / / to S. 16118 tAT le OA f r*r Q A=MAN OUK R R �}V LDE TAKE l/ 8k 4 • i n > - I,, a Ar"' V f LOT AREA TABLE _ " / •�,, a�/ . 1 1t pa'IL _ r� ' � I I 3 In Hol � d Ll • f R s at 17'• aRM 0 ar at Ir v XmAn c ,9y� y es hL Dior a mac / `4-s` 5 + s @ � x MM us'CF*AD UM w o MW Maw pg asr US Cr w o am FM mo Vo. + e i L ,'I a I 1194Ft r.4d f '41A _ CAT _A%WugIlar a► _ frrfva�iar wrtcrw ttaai») ATTACHMENT 6 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRACT NO. THIS AGREEMENT ("Agreement") is entered into this S'f'� day of 1ijd-Aj--' 2 C J3 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and t�XIAVAll AIOPVI- WSJ 0 .)S' t�/e(J 60-5 GFiIpaFa i , hereinafter a California hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 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 Coyle, 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-I8-01/9/27/02 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-ESTABLISI4MENT 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 T/.UIJ11t)A102Ph SF11'iVMA1 Dollars ($ (Jl1�J ), 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 r 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 OrilE l/AO)eO e6111—71-1 Al-4 Ar—l1/t 110A10290 Doi lars ($ which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-19-01/9127102 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-I8-01/9/27/02 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 thatT 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 W144 /rll 10 ATTN: Director of Public Works Z �Om 61(cT,S 2000 Main Street Huntington Beach, CA 92648 L/UX11'-1 /CTOrV 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 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 t onstrued 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 parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all agree/forms/subdiv 10=18-01/9/27/02 1 1 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 &1,/!/i elil municipal corporation of the State of California >.s &Xt�/ J' Mayor Z� f30AIXUAII ATTEST: print name ITS: (circle one)C atrman/P ident/Vic resident A2TNf2 v AND City Clerk By: APPROVED AS TO FORM: print name D_ ITS: (circle one)Secretary/Gl ie&r-'iancial_Office sst. City Attorney Secretary-Treasurer�/Q(,(//(/F,� INIT[ ED VED: REVIEWED AND APPROVED: Director of _Pubiic Works Ci Administrator agree/forms/subdiv 10-I8-01/9/27/02 12 ATTACHMENT 7 RECEIVED BY: • CITY CLERK RECEIPT COPY Return DUPLICATE to (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: I+.I CII�r k, DATE: `( SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. U 50 �11 V Q Monument Bond No. Maintenance Bond No. Re: Tract No. �� W CC No. MSC No. n iZ Approved �'�il.'J Agenda Item No. (Council Approval Date) I I A t ^ City Clerk Vault No. g1jjah/bondletter.doc BOND NO. 3SM .050 079 00 PREMIUM $100-00 >=IRSTTEE Uy:,1 rU!LY EAi 1NED MONUMENT BOND KNOW ALL MEN'BY.T.HESE PRESENTS: THAT Bonanni Development as Subdivider of Tract No. 15964 in the City of Huntington Beach, County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions Indicated on or before the date specified in said certificate: That said Bonanni Development (Subdivider) as principal,and American Motorists 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 3,000.00 in which sum we are held and firmly bound to.the City.of Huntington Beach,all.in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 4th day of March 2003 Bonanni Development , as Principal By: By. Americ n Mo I e an , as Surety By: By: : ichael E. Cundiff t me In Fact 7T 'PROVED AS TO FORki )ENNIFER M.GR,iTH,CityAtto,-.,�_ � nralz Sutton tr c;ty mey 9092.01 11-Feb-03 04:23P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On. MR 0 4 2M before me,. . Regina Rangel. Notaw Public; . i`ANfE.TITLE OF'OFFICER.. personally appeared Alichael E. Ctrndlff NAME OF SIGNER 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 REGINA RANGEL signature(s) on the instrument the person(s), or the entity S COMM.01366369 w : Notary Public-Callfomia (n upon behalf of which the person(s) acted, executed the LOS ANGELES COUNTY My Comm.Exp.July 26,2006 instrument. W TNESS my hand d offici ea (SIGN-ATU O RY) OPTI ONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL. BOND(S) ❑ CORPORATE OFFICER TITLE OR T1 PE OF DOCUMENT TTLE(S) -------------------- ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL A-1 TORNEY-IN-F.ACT ❑ TRUSTEE(S) ❑ GUARDLAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------ American'Motorists Insurance Company Lumbermens Mutual Casualty Company SIGNER OTHER THAN NAME:ABOVE :�mericstn\Manufacturers \Mutual Insurance Company Lou Jones&.Associates POWER OF ATTORNEY Kiow All :Ven 3y These Presents: hat the Lumbermens klutual Casualty Company, the American Motorists Insurance �or—.^any, and the America,- Nlan.ufacturers Mutual Insurance Company, corperations organized and existing under the laws of the State c Illinois; having their principal office in Long Grove, :Illinois (hereinafter collectively referred to as the "Company") hereby appoint Jorge Correa, Leah S. Cripe ,Michael E Cundiff George Munana , Raymond E Gail , Susan E. Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal,-and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each.such...:. bond within the dollar limit of authority as set forth herein. This appointment may revoked at.any time by the.Company.. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, .Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers.of the CompM. for acceptance of process: This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. .:1 I ,.:n.,'•ny 'i/h?i•'rjf ;,7-3 C'•IrpJny 11JS CJLIS-,d thll, In-jtruricnt '3 be Slgn?-) :li' ! t:`eir rt;��f..li? �?..11.i t-J be ,h-?if ];i'!'•irjZe-j Ihl; QCtObef 23, 200'L. L umberm ins Mutual Casualty Ccmp.any American `,lotorists Ir.;urar.ce Comoarl, A er.can %13%facturers .Mutual Insurance Corn^er': t ((n r+r 03 .cw.e°ieo 3 y eo.,a..•ie.I f � 'JIIL U a sift oh K. Conway. Coraor e Secretary Gary J. ly, Unior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me t is day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" ����. G•}-�-���• MAMA L OMORI NOtARYPLBIIC,STgfEOFILLIN015 Maria 1. Omori, Notary Public. urcoluulssa+ExAr�tg�t7 Zoo3 rY My commission expires 9=17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of , 20WAR 0420 r l]yi J�IU�V c��ou t y i ca,a1013 aA ssR; s Joh K. onway, Corporate Wcretary This Power of At limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. American Motoris#Insurance ComP an ic�PeR. Bond Number : 3SM 050 080 00 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS: That we, Bonanni Development as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, in the sum of One Hundred eight Thousand Five hundred no/100s DOLLARS ($108,500.00) lawful money of the United States of America, for the payment of which sum well and truly to be made,We bind ourselves jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated , in which said Principal agrees to construct designated public improvements,as follows: Off-site Improvements for Tract: 15964. and, as a condition of approving said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor .fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any .work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above. This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the improvements. SIGNED,SEALED,DATED:March 4,2003 Bonanni Development er' an rist suran (Principal) r y) By: ` By: y ichael E.C � ttorn In Fact %OVED AS TO FORM :MIFER McGRATH,CityAttomey arab Sutton aputy City Attorney DIRECT CORRESPONDENCE TO: In LOU JONES&ASSOCIATES, PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041 PHONE(323)257-8291 •FAX(323)256-7218 Subdivision Pavment Bond-08-25-99.dot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 0 .3 2003 before me, &Lna Ran el \otaa Public', N. .IE�I"CLE OF OFFICER personally appeared Micbael E. Grrndiff NAME OF SIGNER 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 REGINAR/WGEL t authorized capacity(ies),and that by his/her/their COMM.#1366369 Notary Public-CalNornla y signature(s) on the instrument the person(s), or the entity w LOS ANGELES COUNTY upon behalf of which the person(s) acted, executed the My Comm.Exp.July 26,2006 instrument. TNESS my and d offic' s al. (SIG ATL O CRY) OPTIONAL Though the data below is.not required by law,it may prove valuable to persons relring on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) -------------------- ❑ PARTNER(S) ❑ LIitIITED NUIN BER OR PAGES ❑ GENERAL. ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GU.ARDLAN%CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ------------------------------------- A erican Motorists Insurance Company Lumbermens Mutual Casualty Company SIGNER OTHER THAN NAME ABOVE American Manufacturers Mutual Insurance Company Lou Jones&Associates POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois_having their principal.office in Long.Grove, Illinois (hereinafter collectively referred to as the "Company") co hereby.appoint Jorge Correa , Leah S.-Cripe , Michael E. Cundiff George Munana , Raymond E Gail Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) 1 f f f f f •f•f f 1 • • f their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings I i EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company: The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This. Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be a"fixed by their authorized officers, this October 23, 2002. Lumbermens Mutual Casualty Company Attested and Certified: American Ivtotorists Insurance Company American +Manufacturers Mutual Insurance Company `WwJ Cyr ,Y•.:°j ° S�Wy,*• ' _ In rr a '� CCA10L,rL IA I:UAAi Q - uW,rC°ag9 3 , y COPO„tk� Urtuut z iL,t l Y `t oh K. Conway, Corpor a Secretary Gary J. ly, 01nior Vice Pre t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me t is day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the c porate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. °t3FF{CIAL SEAL" ����}. Gryn��• MARIA L WORT NOTARY RRX,STATE OF ILLINOIS Maria I. Omori, Notary Public I�d1'COMMISSION SORES 9j 1 T Z003 ry My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full.force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motor n ompany, and the American Manufacturers Mutual Insurance Company on this day of� � 3?� G , 20 _ e ,u nuAon q LarOA,raAullu l3`°^*a°'' Joh K. onway, Corporate S61cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove. IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. BOND NO. 3SM 050 .080 00 PREMIUM $4,340.00 F1RSTTER N1 PFaZE .3 ' F U-,-Y 2ARNZD FAITHFUL PERFORMANCE BOND WHEREAS,.the City Council of the.City of Huntington Beach, State of California, and Bonanni DeveloRmert (hereinafter designated as'principal")have entered into an agreement whereby principal agrees to Install and complete designated public improvements,which said agreement,dated 19 and identified as project 15964 .Is hereby referred to and made a part hereof;and WHEREAS,said principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefor,we,the principal and American Motorists Insurance Company , as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City".the penal sumof Two hundred and Seventeen thousand no/100s dollars(; 217,000..00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,successors,executors and administrators.jointly and.severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal,his or Its heirs, executors, administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenant,condition and provisions in the stetd 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 shaU be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified . therefor,there shall be Included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by'City in successfully enforcing such,bbligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of lime, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond; and it does hereby waive :...: notice of any change,extension of 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 March 4th ,XM 2003 . as Principal t3y By Am ericari-Motorists Insurance as Surety Company By BF Michael E. ndiff/ t y In Fact APPROVED AS TO FORM JENNIFER McGRATH,CityAttoraey ar�Atot'om,/ 2 .CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On W 0420 before me, . Regina Raneel, Notary Public, NAME,1111E OF OFFICER- personally appeared Micbael E. Gundiff - NAME OF SIGNER Personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their REGINA RANGEI. authorized capacity(ies), and that by his/her/their COMM.0136069 m signature(s) on the instrument the person(s), or the entity W . Notary Public-NGELES COON is y upon behalf of which the person(s) acted, executed the tOS ANGELES COUNTY -+ My Comm.Exp.July 26,2006 instrument. TNESS my hand d offi 'al eal. -A Irif (SIGNATU O ARY) OPTIONAL Though the data below is not required_ by law;_it may prove valuable to persons relying on the document and could.prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL, BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TI-LE(S) -------------------- ❑ PARTNER(S) ❑ LIivIITED NU;\IBER OR PAGES ❑ GENERAL ATTORNEY-IN-FACT ❑. TRUSTEE(S). ❑. GUARDL-1N/CONSERVATOR. ❑ OTHER: DATE OF DOCU:\fENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) --------------------------------------- American Motorists Insurance Company Lumberniens Mutual Casualty Company SIGNER OTHER THAN NAME ABOVE American Manufacturers Mutual Insurance Compan Lou loncs&Associates r • • POWER OF ATTORNEY Ki,ow AN klen By i hese ?resents.- i hat the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the Amer:ca7 %Ianufac'urars Mutual Insurance Company, corporations organized and ex:stirg under the laws of the tat c' Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint . Jorge Correa , Leah S. Cripe Michael E Cu, , George Munara , Raymond E Gail , Susan E. Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi of Los Angeles , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment maybe revoked at anytime by the Company; The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Comgny_may apppint agents for acceptance of process:" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. ` J!"Or!2o ;` j Company has c.lUs-',: -hi-; inslrument .'3 ^d sign,3d .1" ! .---ir :(rpornte- �•�dl:i � ?): 1`•`i.t �y ,h if •l::th;riL'�,� ,.vicars, li, October 23, 2002. a,3 .�r r� r i`ia,;: Lurnbermers ;'vtutual Casualty Comc3ny American .111Worist; Insurarce Corr'ar, Amerc3 M3nufactur-3r; I,lutual Insurance Comoar. ,its t i ' �° 1'• i �1II1M l=;t�,7LLa L m.a■.reo 'i l �" co■,00„w II oh K. Conway. Corpor a Secretary Gary J. ly, &nior Vice Pres' t STATE OF ILLINOIS SS COUNTY,OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me t is day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" MAMA L OMORI NOTAN PLOEX.STAIF OF ILU140M WMWISua+ex FZgi»2003 Maria.l. Omori, Notary Public My commission expires.9-17-03 .. CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 23, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of 20 ,. j IA ec `rL 11r1 4 F u auo" S 1� 'JYIU�V ; ce■ro■,no■e Joh K. onway, Corporate Wcretary This Power of At limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. j ACORi�r„ CERTIFICA OF LIABILITY INSUR CE �F ���`;zoo3Y) PRODUCER (702) 877-1111 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cragin& Pike, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2603 W. Charleston Blvd. HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Las Vegas, NV 89102 INSURERS AFFORDING COVERAGE INSURED Bonanni Properties and D.S. Properties INSURERA:Steadfast Ins Co 5622 Research Drive INSURERB: Huntington Beach, CA 92649 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHO'.VN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRi TYPE OF INSURANCE I POLICY NUMBER POLICY EFFECTIVE POLITY EXPIRATION E(MM/DDfYYI LIMITS A �GENERAL LIABILITY EACH OCCURRENCE I S 1,000,OOC COMMERCIAL GENERAL LIABILITY ISCO3814977 8130/2002 8/30/2003 FIRE DAMAGE(Any one fire) I S 50 OOC CLAIMS MATE Fx_1 OCCUR i MED EXP(Any one person) 1 S PERSONAL&ADV INJURY $ 1,000,00C GENERAL AGGREGATE S 2,000 00C GEN'L AGGREGATE LIMIT APPLIES PER:i PRODUCTS-COMP/OP AGG S 2,000,OOC FRO- POLICY X I jEZT LOC I AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT ANY AUTO � (Ea accident) S ALL OWNED AUTOS I BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS ( BODILY INJURY S RNON-OWNEDALTOS is (Per accident) � - D AS TO / PROPERTY DAMAGE S HI - PROv (Per accident) I. I`GARAGE LIABILITY i I AUTO ONLY-EA ACCIDENT S C n �7 C t,Attocney EA ACC S ANY AUTO kjE yIPEg M�GR ATH, OTHER THAN AUTO ONLY: AGG S EXCESS LIABILITY i V EACH OCCURRENCE S OCCUR C CLAIMS MADE I AGGREGATE S S �I DEDUCTIBLE I S 1 RETENTION S S i WORKERS COMPENSATION AND TORYWC STIMSATIT OFR TH• EMPLOYERS'LIABIUiY I E.L.EACH ACCIDENT S E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT $ OTHER I -. I { I DESCRIPTION OF OPERATCNS/LOCATIONS/VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 10 Day Notice of Cancellation for Non-Payment of Premium applies � � Va-u 74/'RE: PERMIT Peninsula Pointe fro(4 I5 �� 60 IThe CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES are named as Additional Insureds, STF-CGL-1621 BCW 7/98 attached. CERTIFICATE HOLDER j X I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION { SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA i IOC City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILLXXXMXYONMAIL 300y DYyAYYS����WRITTEN yy Attn: Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BXT'9XVRXi'Q'L'El'S VyA_L 2000 Main Street � � ? i Huntington Beach, CA 92648- / I"���J+� ✓%yj✓ �-:-%..� -- �.� •'J J AUTHORI2 ACORD 25-S(W7197) ! a•m\,, -th AC✓O—RD'-CORPORATION 1988 ZURICH Steadfast Insurance Company POLICY NO. EFF.DATE OF POL. EXP.DATE OF POL EFF.DATE OF PRODUCER DATE ENDORSEMENT ENDT. PREPARED SCO 3814977-01 8/30/2002 M0/2003 8/30/2002 75409-000 10/29/2002 '.'7 Named Insured: Bonanni Development J Additional Insured-Otivners,etc./Automatic Status per Contract(including Completed Operations) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Products-Completed Operations Liability Coverage Part A. Who is an Insured(Section II)is amended to include as an insured any person or organization for whom you perform operations when you and such person have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of"your work"performed for that insured. B. With respect to the insurance afforded these additional insureds,the following additional exclusion applies: This insurance does not apply to: "Bodily injury"' "property damage","personal injury"or"advertising injury'arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: 1 . The preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys; field orders,change order or drawings and specifications;a-id 2 . Supervisory,inspection, architectural or engineering activities. T • Countersigned Au ' rized Reptsentative STF-CGL-1621 B Cw(7/98) HI.IN'T1NGiON E3FJ+u4 California 92848 DLCLARA I-ION of NON-E_WLGIYL R 5 T ATU5 In order to cornoly with situ Council P1escIUtIQR NQ: pZ� JU are �e9ui-cc to orovi: e Prco� cC I J Wor6rs' Compensation ;nsu:ance. If :40u have no employees; this form must 6e signed and returned to: City o: r juntington 5eac.h Risk Management[jivision 2000 Main 5trect rJuntirgton Ecach, CA 9 7-6-+6 I r I I certi�ri that the Pe.�or,- ante of tk,- activity or wort for wkick this DCrmit is issued, 15421{ not emFl or an r,a y person in a manner so as to become subject to California Wor6rs' CompcnsaL•ion insurance re9L rc.mc,nts: j authorize the Ci`-u u QI ; ;untington each to immediately and rctroactively revol.:c the license or J Permit issued under this jeclaration if I hire any employees) or become ::object to the provisions of the l:aws IeCgUiringworkcr_ Compensation Insurance. Applican"%Ccmpanu Na rc. Address: J4 FSF,-, //L� ✓� G��� /G�(/���i� �C��� �?� / AIp cant's vienature: �" `�� `' �`'' ate: im Title: Location 5Igned: Telephone Number: i G2 G:�Ri5kti1,mtlCeri-Ins'�Wi-:'::r.Doc (F,eV. E.-3.1/00) T '� L6ST iILE tTL 4oegg uog2ut ,4unH RITO d82 : 10 E❑ Rp use Company Profiles Yage I of t AM tatt�art�ia Department of CornpanyList InSumnce For more information on any company, click the Company Name "Info" link. To view all companies in the same group, click the NAIC group number. . Company Name State of NAIC NAIC Group Name Domicile Number Number Type AMERICAN MOTORISTS INSURANCE IL 22918 0108 Legal COMPANY Info ame Record 1 New Search Last Revised-April 10,2003 02:50 PM Copyright©California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_prof/idb_co_list$co_list_mc.actionquery 4/14/2003 1, • RCA ROUTING SHEET INITIATING DEPARTMENT: Planning Department SUBJECT: Approve Final Tract Map No. 15964 (Peninsula Point 13 numbered/2 letterrd Lot Subdivision COUNCIL MEETING DATE: May 5, 2003 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 Attorne Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS N/A REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial �► City Administrator Initial City Clerk EXPLANATION,FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:RT:rl