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HomeMy WebLinkAboutFinal Tract Map 15603 of TT 15603 - Shea Vickers Dev w/s Ste . 60 —Sfit y► i Recording requested by, Recorded in Official Records, Orange County and when recorded return to: Tom Daly, Clerk-Recorder i Illilll!IIIIIIIII11111I11!1II!1!Nil 11111111111111111111111111111111111111 NO FEE Joan L.Flynn,City Clerk Office of the City Clerk 200400069826311:57am 08/02/04 CITY OF HUNTINGTON BEACH j 115 51 A04 1 P.O.Box 190—2000 Main Street 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,Ca. 92648 -- — S .aR�Y sr. &CLA j &w. (Space above this line for Recorder's use only) � r ACCEPTANCE OF PUBLIC IMPROVEMENTS 1� (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) 'GF PLEASE TAKE NOTICE THAT on June 14, 2004, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City _ of Huntington Beach, as described on Final Map-No:--15603.— Public improvements constructed consist of the domestic water system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at May 17, 2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest k-,.7_Zu_ 20� LF City Clerk and Ex-officio Cler of City Council Of the Ci of Huntington Beach, California By eputy CITY OF H TINGT N ACH by: City Engineer This doaxrmg is coley jar M►s oAldal business of the Cky of Kmwom Beach.as cormmpkftd under Government Code Sec.8103 and should b s recorded tree of charge. • ILLOP 00 TIDES 7L 11 1 L �MM�r gumLA R7F R. 756 � ORK70WN A VE. Location Map � ATTACHMENT #2 *D NO.SV9966—A PREMIUM Included in charge for Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS,Shea Vi k rc Deve1 a m nt, T.T.r. a Delaware * ,as a Principal,and 'St. Paul Fire and Maring TnSiiZan'-e Company :a corporation organized under the laws of the State of Minnesota and duly authorized to do business in the State of California,as Surety,are held and firmly bound unto the City of Huntington Beach,California,as Obligee,in the penal sum of Eight Thous ar-LdOne Hundred and 00/100 -------------------- .representing 10 percent of the contract pew entered into between the ftclpal and Obligee,to which payment well and truly to be made we do bind ourselves,and each of our heirs,executors,administrators,succewom and assigns jointly and severally. WHEREAS,the said principal entered into a contract with said Obligee,dated eve;aber 18, 2002 forworkdescribedasfollows: Tract 15603, The Tides I WHEREAS,said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee,against all defects in workmanship and materials during said one year period. WHEREAS,said work has been completed,and accepted by Obligee on NOW,THEREFORE,the Principal and Surety,jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship " which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof,this instrument has been duly executed by the principal and surety above named,on May 11 Agx 2004. Shea Vickers Development ** ,as Principal j By caa attached signature page By * Limited Liability Company ** .LLC a Delaware Limited Liability Company APPROVED AS TO FORM. JE 1IFER M,GRATH,City Attorney • SHEA VICKERS DEVELOPMENT, LLC a Delaware limited liability company By: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership, its managing partner By: J.F. SHEA CO. NC., a Nevada corporation its al.p BY: Its �P By: ER Its ASSIST&SEC RY St. Paul Fire & Marine as Surety By Salandi, ney—in—Fact By BEfH A.HUTCHINSON STATE OF CALIFORNIA ) Commission#1303862 ) SS Notary Public-Calftmia COUNTY OF ORANGE ) = Orange County My Comm_Expires May 8,2005 ON, ) j 4 ,BEFORE ME, � u L ���i0✓t._J, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED 7T )O(n26 -AND Ro"_ P1j �i' . IrnC-�i zler— PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAME&ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HA SIGNATURE -A- AA' N MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN O('c3 y-,4 _COUNTY. (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE } ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TOME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES teee� 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On _ May 11, 2004 before me, Noemi Quiroz, .Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Scott Salandi , NAME(S)OF SIGNER(S) . ® personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/the executed the same in his/he#theif N -N GUIROz authorized capacity(ies), and that by hisA%f/#ie# Commission#1420878 signature(s) on the instrument the person(s), or the -d Notary Public-California entity upon behalf of which the person(s) acted, Orange County executed the instrument. My Comm.Expires Jun 26,2007 WI NESS d and official seal. SIGNATU E F NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent Vraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑CORPORATE OFFICER Warranty Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: May 11,2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Shea Vickers Development LLC St. Paul Fire and Marine Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE .S)L/ - 41a0. 6?) City of Huntington Beach • - P D Box 711 CALIFORNIA 92648 * �f TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDENRICH CITY TREASURER CERTIFIED MAIL July 20, 2004 St. Paul Fire and Marine Insurance Company 385 Washington St. St. Paul, MN 55102 To Whom it May Concern: This is to inform you the City of Huntington Beach City Council approved the release of the following bonds on July 6, 2004: Tract# 15603 Faithful Performance and Labor&Material Bond No. SV9966 Monument Bond No. SV9965 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, v - Shari L. enrich, CPA, CCMT, CPFA City Treasurer Enclosures cc: Shea Vickers Development, LLC 603 S. Valencia Ave. Brea, CA 92823 Aem Elliott, Principal Civil Engineer(no attachments) Joan Flynn, City Clerk (no attachments) MeJA CITY OF HUNTINGTON BEACH 2000 MAIN STREET . CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L.FLYNN -CITY CLERK July 9, 2004 Shea Vickers Development, LLC 603 S. Valencia Avenue, Suite_ 200 Brea, CA 92823 Re: Release of the Faithful Performance Bond, Labor& Material Bond and Monument Bond for Tract No. 15603---[Acceptance of Public Improvements] Please be advised that on Tuesday, July 6, 2004 the City Council of the City of Huntington Beach took the following action: E-4. (City Council) Approved the Release of Securities for Tract No. 15603 Located w/s of Stewart Street at Clay Avenue (Holly-Seacliff Specific Plan) -Approved the Notice of Acceptance of Public Improvements (Developer, Shea Vickers Development. LLC, a Delaware Limited Liability Company) (420.60)—1'. Accepted the improvements constructed and dedicated for public use with Tract No. 15603; and 2. Accepted Guarantee and Warranty Bond No. SV9966-A; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 3. Release the Faithful Performance/Labor and Material Bond No. SV9966 and Monument Bond No. SV9965 pursuant to California Government Code Section No. 66499.7(a); and 4. Instructed the City Clerk to notify the developer, Shea Vickers Development, LLC, of this action and the City Treasurer to notify the Surety, St. Paul Fire and Marine Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Acceptance of Public Improvements"with the Orange County Recorder. Submitted by the Public Works Director Sincerely, Joan L. F nn City Clerk cc: City Treasurer J F: pe Attachment g:/followup/tract/acceptpublicimp-notice.doc procedure 022 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK July 9, 2004 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find Acceptance of Public Improvements for Tract No. 15603 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return a conformed copy of the acceptance when recorded to this office in the enclosed self-addressed stamped envelope. Joan L. Flynn City Clerk JF:pe Enclosures I Tract No. 15603—Shea Vickers Development, LLC—w/s Stewart St at Clay Ave. (Holly-Seacliff Specific Plan) g:/followup/tract/acceptpublicimp-recorder.doc procedure#23 (Telephone:714-536-5227) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's office (Name) after signing/dating (Date) Me CITY OF HUNTINGTON BEACH w INTERDEPARTMENTAL COMMUNICATION la TO: Sh Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (Compan Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. `r� 0-3 CC No. MSC No. Approved 7 16d. Agenda Item No. , (tou'ncft Ap roval ate) City Clerk Vault No. — 60 #27 g:/followup/bondletterAoc �s. Council/Agency Meeting Held: Deferred/Continued to: X01pproved ❑ Conditionally Approved ❑ Denied t Cit erk's gnature Council Meeting Date: July 6, 2004 Departmen Number: PW 04-059= CITY OF HUNTINGTON BEACH REQUEST FOR ACTION Nj o= SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAF , , City�strGto PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Approve the Release of Securities for Tract No. 15603 and Accept the Public Improvements [statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Shea Vickers Development, LLC, a Delaware limited liability company, the developer of Tract No. 15603, located at the west side of Stewart Street at Clay Avenue, has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Funding Source: Not applicable. Recommended Action: Motion to: I 1. Accept the improvements constructed and dedicated for public use with Tract No. 15603; 2. Accept Guarantee and Warranty Bond No. SV9966-A, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; 3. Release the Faithful Performance/Labor and Material Bond No. SV9966 and Monument Bond No. SV9965 pursuant to California Government Code Section No. 66499.7(a); 4. Instruct the City Clerk to notify the developer, Shea Vickers Development, LLC, of this action and the City Treasurer to notify the surety, St. Paul Fire and Marine Insurance Company, of this action; and, 5. Instruct the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. • REQUEST FOR ACTION • MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PW 04-059 Alternative Action(s): Deny the recommended action. This may violate the Subdivision Map Act. Analysis: On November 16, 2002, the City Council approved Final Map No. 15603 and accepted bonds from Shea Vickers Development, LLC, a Delaware limited liability company, the securities furnished for faithful performance, labor and material and monuments. The developer, Shea Vickers Development, LLC, a Delaware limited liability company, has completed all required public improvements, and is requesting acceptance of the work and release of the faithful performance, labor and material and monument bonds, pursuant to California Government Code Section 66499.7(a). Public improvements constructed consist of the domestic water system and appurtenances within the private street. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of the improvements. Following is a list of project data: Subdivider: Shea Vickers Development, LLC, a Delaware limited liability company, 603 S. Valencia Avenue, Brea, CA 92823 Engineer: Walden and Associates, 2552 White Road, Suite B, Irvine, CA 92614 Location: West side of Stewart Street at Clay Avenue Zone: SP-9 (Holly-Seacliff Specific Plan — Mixed Development) General Plan: MH-sp (Mixed Use Horizontal — specific plan) No. of Acres: 1.061 acres/ 49,400 sq.ft. (gross) No. of Numbered Lots: 12 No. of Lettered Lots: 2 No. of Units: 12 (attached townhomes) Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). G:\R C A\2004\04-059 July 6 Bogart(Tr 15603 Bond Release).doc -2- 6/18/200410:11 AM • REQUEST FOR ACTION • MEETING DATE: July 6, 2004 DEPARTMENT ID NUMBER: PW 04-059 Attachment(s): NumberCity Clerk's Page . Description 1 Location Map 2 Guarantee and Warranty Bond No. SV9966-A 3 Acceptance of Public Improvements Form RCA Author: Bogart G:\R C A\2004\04-059 July 6 Bogart(Tr 15603 Bond Release).doc -3- 611 812004 1 0:11 AM ATTACHMENT # 1 'meSrpdUj POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 23864 17 916.6 9 Power of Attorney No. CertiScate No. KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Victoria Stockton and Scott Salandi Santa Ana California of the City of State their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or.permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrumenCfi?b'e signedand`sealed tbis�: V 9 th day of May 2003 � -: .'10 + Seaboard.Surety Company ' � >EJiiited States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance;Compaitp, Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company a,' ? y�, Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company` ' sunrry �Hlt[y 4 O`'M IIfG9 Jp�,xaYo�M1 �r� ��* 1 ? •v011 � �i 100� � m 1927 ��.kSEAL/to o BxL•': INS CIrI97)7% AIN y951 PETER W.CARMAN,Vice President State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 9th day of May 2003 ,before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. m P1j8Zj'�' My Commission expires the 1st day of July,2006. r' 9F C1 t,}O REBECCA EASLEY-ONOKALA,Notary Public i I 86203 Rev.7-2002 Printed in U.S.A. ATTACHMENT #3 Recording requested by, and when recorded return to: Joan L.Flynn,City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O.Box 190—2000 Main Street Huntington Beach,Ca.92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT on June 14, 2004, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 15603. Public improvements constructed consist of the domestic water,system and appurtenances. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at May 17,2004 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest `7-cu- 200,4/ City Clerk and Ex-officio Cler of City Council Of the Ci of Huntington Beach,California By eputy CITY OF ,INGI T N ACH by: City Engineer This dcaxwu is sowy for the oftW businsas of the Cky or HM*Vbm . DNah,as oonlamplMad undw GOMn nsnt Cads Sec.6103 and sha�ld b a recorded k@e a chops, RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve the Release of Securities for Tract No. 15603 and Accept the Public Improvements COUNCIL MEETING DATE: July 6, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbudget, over$5,000) Not Applicable Bonds If applicable Attached Staff Report if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: . SpaceOnly) RCA Author: Bogart 1692 RECEIVED BY: CITY CLERK RECEIPT COPY 4�K Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) j:,q.jM, & CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sha ' Freidenrich, City Treasurer p FROM: , E � DATE: f SUBJECT: Bond Acceptance t I have received the bonds for i I ( ompan ame i I Faithful Performance Bond No. i Labor and Material Bond No. Monument Bond No. Maintenance Bond No. N&Nv Re: Tract No. CC No. MSC No. Approved Agenda Item No. roval D te) City Clerk Vault No. — #27 g:/followup/bondletter doc CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Connie Brockway City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 15603 (Authorization to Record) DATE: November 1, 2002 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE CO: First American Title Insurance Company TITLE OFFICER: David Noble ORDER NO.: OR-2127119 LOCATION: E. Side Goldenwest Street North of Summit Drive zPHONE NO.: (714) 800-4773 ris R. Winchak G:/Eng/Winchak/Forms/Map auth to record �1 k A . NOTICE 0 COMPLIANCE WITH CONCTIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: FROM: PLANNING DEPARTMENT TRACT NO. (t PARCEL MAP NO. PARK AND RECREATION FEES PAID:. VIIES $ 0` 1-7 aG ❑NO DEVELOPER: V&-24)f'I9/7- L L C • for: Howard Zelefsky Director of Planning 1 OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH P. O. Box 190/2000 Main Street Huntington Beach, CA 92648 (714) 536-5221 (714) 374-1557 FAX LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: December 4, 2002 TO: Shea Vickers Development LLC ATTENTION: Name 603 S. Valencia Ave- DEPARTMENT: Street area CA 92823 REGARDING: Subdivision Agreement City,State,zip re Tract 15603 See Attached Action Agenda Item E-8 Date of Approval 11/18/02 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: Ron Santos Planning x x �; Name Department RCA Agreement Insurance Bonds Herb Fauland Planning x x x x Name Department RCA Agreement Insurance Bonds S. Freidenrich Treasurer x x Name Department RCA_ Agreement Insurance Bonds C. Mendoza Risk Management x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other g:/followup/letters/coverltrRevA.doc ��I7.0 1�'�i►xh�P i 5 TiCepclPc/ Wotes nP ��1 Clam J DPW -fo'd Office of the City Clerk Huntington Beach, CaCifornia EZZaf A44 �a --- /i) Wza, e �:� ;&v �6, Council/Agency Meeting Held: //—/(p -oZ Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: November 18, 2002 Department ID Number: PL02-40 CITY OF HUNTINGTON BEACH o c- REQUEST FOR ACTION `,- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D Gc SUBMITTED BY: RAY SILVER, City Administrator/lam i � PREPARED BY: HOWARD ZELEFSI<Y, Director of Planning SUBJECT: APPROVE FINAL TRACT MAP NO. 15603 (12 NUMBERED/ 2 LETTERED LOT SUBDIVISION) OF TENTATIVE TRACT MAP NO. 15603. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Final Tract Map No. 15603, located on the west side of Stewart Street, at Clay Avenue, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15603 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 Shea Vickers Development, LLC, 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. 15603 and reject the offer of dedication, improvements and bonds". REQUEST FOR ACTION MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-40 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: Shea Vickers Develoment, LLC 603 S. Valencia Avenue Brea, CA 92823 ENGINEER: Walden &Associates 2552 White Road, Suite B Irvine, CA 92614 LOCATION: West side of Stewart Street at Clay Avenue. ZONE: SP-9 (Holly-Seacliff Specfic Plan — Mixed Development) GENERAL PLAN: MH-sp (Mixed Use Horizontal — specfic plan) NO. OF ACRES: 1.061 acres/49,400 sq. ft. (gross) NO. OF NUMBERED LOTS: 12 NO. OF LETTERED LOTS: 2 NO. OF UNITS: 12 (attached townhomes) DATE OF COMPLETE APPLICATION: November 6, 2002 MANDATORY PROCESSING DATE: December 2, 2002 DISCUSSION: Final Tract Map No. 15603, a 12 numbered lot/ 2 lettered lot subdivision, represents the second phase in a two phase final map filing under Tentative Tract Map No. 15603. The Planning Commission conditionally approved Tentative Tract Map No. 15603, an 8.1 acre, 77 numbered-lot/20 lettered-lot multi-family residential subdivision (The Tides), in conjunction with Conditional Use Permit No. 99-02 and Variance No. 00-04, on April 11, 2000. The approved entitlements authorized construction of 77 multi-family dwelling units, a sales office/ model home complex, retaining walls up to five feet in height, perimeter walls up to eight feet in height, and ten feet of separation between buildings in lieu of a minimum of 15 feet. The Phase one filing, Final Tract Map No. 16180, was approved by the City Council on March 5, 2001. The subdivider has satisfied the park and recreation requirement for the 77-unit project by applying 0.17 acre of banked parkland credit assigned by PLC, as provided for in Development Agreement No. 90-1. 15603 RCA(The Tides) -2- October 31,2002 1:33 PM REQUEST FOR ACTION MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-40 The affordable housing requirement for this project, 12 units (15% of 77), has been satisfied on site pursuant to an affordable housing agreement approved by the City Council on August 20, 2001. The agreement provides for one of the twelve required affordable units to be located within this second phase (Final Tract Map No. 15603). The remaining eleven are located within the subdivision's first phase (Final Tract Map No. 16180). Final Tract Map No. 15603 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 and approved by the Planning Commission on April 11, 2000. Environmental Status: This action to accept Final Tract Map No. 15603 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Attachment(s): City Clerk's Page Number No. Description 1 Findings and Requirements for Acceptance of the Final Map 2 Vicinity Map 3 Tentative Tract Map No. 15603 with site plan 4 Tentative Tract Map No. 15603 Findings and Conditions of Approval 5 Final Tract Map No. 15603 6 Subdivision Agreement 7 Bonds (Faithful Performance, Labor and Materials, Monument) RCA Author: Ron Santos/Herb Fauland az�-s �s-�rs'^ �, •��--�-� �., �`e3,�"a's..""r Syr'���� '�"� �,„ k--e-� �"�'��ur"a'Y'"' �" ��`� 15603 RCA(The Tides) -3- October 31,2002 1:33 PM • • ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findinis for Acceptance of Final Map: 1. Final Tract Map No. 15603 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15603 conditions of approval, as approved by the Planning Commission. Requirements: 1. Acceptance of offer of dedication shall be subject to completion of improvements and requirements shown on the final map. 2. The City Clerk shall file the following bonds with the City Treasurer: a. Faithful Performance Bond No. SV9966 (Attachment No. 7). b. Labor and Material Bond No. SV9966 (Attachment No. 7). c. Monument Bond No. SV9965 (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. • AT- -TACHME NT 2 rer n •1 i u.m PROJECT J� SITE . . J r� J GARFIEL0 AVE. J V N MIVSOM p J •EAN•@IG J J J :v:v' tin•: ^��i a � S W t •►ti GR ar (NE4EtrJGR) - �� S O V , Oz 4 OVCYR YRI.IOIMCIMtli O(Kf{� {ti+4tV�ara . VICINITY MAP TTM 15603/CUP 99-2Nar 00-4 THE CITY OFHUNTINCTON BEACH • • ATTACHMENT 3- -- ► - - - - - - _- - - T ANO,_nnxlcerrr+rrsrurr.rarunnn .�..m_: .. ' - - J TRAC . 1560 ... ' .. 1!1 fUT1.RE DAY-11LYIC CVTSITT D rO LM.rrTID, _ i. • Ra.aa.eo.o.^Rn anR sn..mr ,,W,_:_,• y STEWARi STREET -6 •LARE SITE -._ _.— __. ._..._ ..__ .__.... ._ .. .._ ._._._ _ _ —__-.�,_. ._ - _. ,'. •,1? .-� � ' .emwa,o.eeriwaR'e.u'""'ere�rRr�'n w`""'io R-'mv"�iuv'v u'.m.. i I' lOr'e• _ ___ w A' . 'I I 1°!9+III I - i y C� [31 ® S O I Iiw+'Ruerarlon $ g I K K 77 (e I I � '.. I - '° '• I � ,� � III `�.) r ru.c mRc R.RR.-RR,"xuc R... _—�- ® '1 gf �. a C I• C _ I C IiIIR j' /)/) 1 0 "'I N .. i Rvmrrusw RRe... LOT M ..� I ._ .-I _1,.]_.�.-' 1 LO .v - • LOlT �I/ 1 �_ B''.(f r "a aura u...�mrarwr rRmaRmm LOT . sr. �V�Nf�f�Ram"�"'iRR Rw tar R Y I r - 1 � I I�� R iw�'{ru"'.�1 Rn sawwRa RrR emO ae .G� 1 �P ^D G � I I E I r;��l •u 4�r' I' ! \• �I "rmr��"..a, i` p .A �. 6 R h F^ r (�° ;(7 ° �•..I" :� D CG. �1 �, �R + ciu°Ri.ue:.a+ in�r wasp, m•i efu"�m R I A•° .. � (°�I ,O� al . [] C� QM % I .I y .. ... .`R�.o.r �a� m� •�'.' A. A wr „ Rcm c. r: g •r rora a..0 rm.Ruo renmcr. vY° - '�. f ° - 1 ..B ,•./ 4r / r r I :,i 0 RR.R....00sw I 4' � VICINITY MAP 71 ; I wa A t " n LO I r H ! IC_LOf N r,' y 'I �1 'ir r I �1 i A 4 LOT A E ELOT TC 11 J I ;1 I I Ii I. ''!r 1RAGr ord J L LOi•f�A �. Ei I 1 'II L ILI C 9 PC �. 1 1 (.' -'1F i o '� F r I F "A Ait it rill; c}' .�• dwo LOi.'G' GOLDEMR'E57STREEj � .... \ q nr SEE SMEET 2 FOR SECTION DETAILS TENTATIVE MAP PRIVATE STREETS:A.B-C.A D r y .. *� TRACT NO. 15603 -..m,s.r�.. LIXDENWESi SIREEi SIMIIT ORM STEWART STRCET ® _ �,'O.c, "�'1c^^" COLDEMRF.ST RESIDENTIAL �.xe ar r �� --•- '—"'m_- SHEA VICKERS DEVELOPMENT. LIC m s n RE-ims 2 I Y WE PLAN I TRACT NO. 15603 5TEWART STREET » � f'4a rq m,Ir a tRrere'mwM�s�m,-Ow]—Y,�.elm lm _ I LOT v.. I, i yy Dar.aRIID wD e R rc .I rc 4 t t -�'" I ?, �a].•.ro•� Dr»,a..m, ,�• rnnc m.c m.mr•r:a]r rrr]e ru-m E c mE c r E c c O 8 r tso LOT• .9. LOT V LOTT,. "tar s' (e� r E LOT'A• 'LOT 1'D .. ' �j Ll 'K m"•../, r+Q•rnm nmuvmwo ws. h E i LOT yr LOT x • dr a LOi _ _ I I •ra.'.'mQmrw moe;w w moan r. J 0. � — ———A t � IPJ �'r�no:yr Mimm r- 1] A /. i _—————— s u ewf�wf�nreterwa,a mmarw wm LOT x 'LOT x / :/ I IUANG LONOAW[[MtlRUf IM Lu 911wr `.I .. o., } �r car SMIAL aas® nta,�a nAA T bo/urr On$a . _ LOT A 'P 57 Af w•.n mva] .r ]cc mn», Ef ?E I I I I ' 1 I I I ::o I I I,. B I rssoD.r mrar c s ucr so f LOT lC 1? .• .' I I:. '+i°� n 0 N VE n@ F I LOi T I I: � I ,•�,n'.n e n uR rm ( ° Y & I: I I raomm rwi sa eDono. •mme a°n^• .ma»r^ ron ez r w . ' i -D ol. ¢ I i ', I � I D.],R�Dn aw.inn• .�.,m�ion rnn um n a«o t o E r r A AI LOT V o x I ; __ u.r:,n. -•— neat LDEN GOWEST STREET ®,;n `�' � •rtarcr nw s msm a.am er rr fDmior]noa �— ILL 1Cpin CIObiD4.6 4RmfA m R rNrn,O uR It. mrm , """�I rs �.s """ _-"� °� r, r �% un�L• SITE PLAN rRlvarE srRLrrs:A.°.c.a D *� — TRACT NO. 15603 SL�i IAt w 5��T OIR¢T GOLDEMIESI'RESIDENTUL omen mR K Dar w nmc L „ SI1EA VICRiRS DEVELOPMENT.LLC � _ . ATTACHMENT. 4 FINDINGS AND CONDITIONS OF APPRUVAL TENTATIVE TRACT MAP NO. 15603/ CONDITIONAL USE PERMIT NO. 99-2/ VARIANCE NO. 00-4 FINDINGS FOR APPROVAL- TENTATIVE TRACT MAP NO. 15603: 1. Tentative Tract Map No. 15603 for a 77 unit multi-family residential subdivision is consistent with the General Plan Land Use Element designation of Mixed Use Horizontal on the subject property, or any applicable specific plan, or other applicable provisions of this Code except for any variances approved concurrently with this application. Multi-family residential developments are permitted uses in the Mixed Use Horizontal land use designation. 2. The site is physically suitable for the type and density of development at 9.5 units per acre. 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 all applicable mitigation measures. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. 14NDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 99-2: 1. Con ' nal Use Permit No. 99-2 for the following: a. Constructio f 77 multi-family residences; b. Development o of that has a grade differential greater than three (3)feet between the high and low post o site; c. Construction of perimeter lls up to eight(8) feet in height and.retaining walls up to five (5)feet in height; and a d. Model home/sales office complex will not be detrimental to the general welfare of p ns working or residing in the vicinity or detrimental to the value of the property and improvem in the neighborhood. Based upon. the conditions imposed, the project's design and layout t be detrimental to the existing and proposed commercial, industrial, and residential land uses in area. The project's design will include a 15 foot wide perimeter landscape buffer along t treets for a cohesive appearance that is in keeping with the surrounding area. Furthermore, the ed entryways will enhance the image of the development without compromising circulation o ergency access. 411� e granting of the va. ice will not be materially detrimental t to public welfare or injure rope-. in the same zone classification. The variance for reduced building separation wi act other residential properties in the vicinity, nor will it impact units within the project. 5. The granting of the variance will not adver ect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Hor on the subject property by allowing for the creative design of attached multi-family resi e ' velopment compatible with commercial uses. In.addition, the multi-family residential use will se a transitional use between industrial and low density residential and commercial deve t. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)pursuant to Section 15182 of the CEQA Guidelines, because the proposal is a residential project undertaken pursuant to and in conformity with a specific plan covered under Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. CONDITIONS OF APPROVAL.- TENTATIVE TRACT MAP NO. 15603: 1. The tentative map received and dated January 26, 2000 shall be the approved layout with the following modifications: a. The west side of Stewart Street shall be designed without a sidewalk. Street furniture (i.e. street lights, fire hydrants, etc.) shall be installed on-the west side of the street. (M) b. Street furniture will not be permitted within Section I-I due to minimum ADA requirements unless other methods are approved by the Public Works Department. (M) 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. 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 shall be affordable to families of moderate-income level (less than 120% of Orange County median)for a period of thirty years. ` 2) A detailed description of the type, size, location and phasing of the affordable units. 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 bE. e City Council action on the final map &Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall: a) reflect and address the common driveway access easements, maintenance of all walls, fences and common landscape areas by the Homeowners' Association; b) require use of the garages for automobile storage and trash can storage; a minimum of eighteen (18) ft. by nineteen (19) ft. shall be maintained clear of any obstruction for automobile parking; c) limit additions to and exterior modification of dwelling units in accordance with the Holly Seacliff Specific Plan, and Huntington Beach Zoning and Subdivision Ordinance. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall-be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Goldenwest Street, Stewart Street, and Summit Drive shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (PW) b. 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 required by the Department of Public Works to mitigate increase 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) c. The developer shall design the sewer system required to serve the development in conformance with the approved preliminary study. This shall also include a new sewer main in Stewart Street from Garfield Avenue to Clay Avenue. (PW) d. The sewer and storm drain system located within the private streets and common area lots shall be private and maintained by the Homeowner's Association. (PW) e. Adequate separation requirements between sewer and water pipeline laterals shall be maintained, per City Water Division Standards. If this separation cannot be maintained, (water) master metering of buildings may be required. (PW) f. A minimum of two points of connection to the public water systems is required. (PW) g. The developer shall replace the existing 6-inch water pipeline in Stewart Street with an 8-inch pipeline(to City Water Division Standards), along the property footage adjacent to the proposed development. (PW) h. All public utilities and appurtenances shall be located within an easement dedicated to the City. (PW) i. The applicant shall provide a Landscape License Agreement for maintenance of landscaping within the public right of way along Stewart Street. The-agreement shall include and define the area to be added to Lot "B." (PW) j. A qualified, registered Engineer shall prepare a detailed soils analysis. This analysis shall include on-site 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) k. The residential community shall be gated. Proper design of entryway shall be effected, including turnaround space for standard delivery truck(SU-30). (PW) 1. All street intersections shall intersect at 90 degrees or radially to curved streets, except for Street "A" at Summit Drive. (PW) M. The Final Map and phased maps shall be consistent with the tentative map. (PW) n. 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. 2. Provide a digital-graphics file of said map. (PW) o. A reproducible mylar copy and a print of the recorded final map, along with digital graphic files of the recorded map per the City of Huntington Beach "CAD Standards Manual for Consultants", shall be submitted to the Department of Public Works. (PW) p. 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) q. A Certificate of Insurance shall be filed with the Public Works Department and approved as to form by the City Attorney. (PW) 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 streets for Police and Fire Department access purposes. 2. The water system and appurtenances as shown on the improvement plans for this tract. 3. Access rights in, over,across, upon and through the private streets for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. (PW) s. All common area improvements shall be completed by the developer. 4. The development shall comply with all applicable mitigation measures in Environmental Impact Report No. 89-1. 5. The Departments of Pla._Aing, Public Works and Fire are respor. :e 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS - T]ENTA.T11V]E TRACT N1AP NO. 15603: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Park Land In-Lieu Fees shall be paid based upon the August, 1998 City park land appraisal value of$516,500 per acre pursuant to Section 254.08.H. of the HBZSO, or accrued credits assigned, prior to approval of the final map by the City. 3. Tentative Tract Map No. 15603, Conditional Use Permit No. 99-2 and Variance No. 00- 4 shall not become effective until the ten calendar day appeal period has elapsed. 4. Tentative Tract Map No. 15603, Conditional Use Permit No. 99-2 and Variance No. 00- 4 shall become null and void unless exercised within two (2)years of the date of final approval which is April 11, 2002. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 5. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 'CONDITIONS OF APPROVAL,—CONDITIONAL USE PERMIT NO. 99-2/VARIANCE NO. 4: 1. The site plan ived and dated January 26, 2000, and floor plans and elevations received and dated October 999 shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall co with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Ad ative Code. (Code Requirement) b. Depict all utility apparatus, such as but not limited t ck flow devices and Edison transformers on the site plan. Utility meters shall be scree from view from public rights-of-way. Electric transformers in a required front or stree ' yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be p ' ited in the front yard setback and shall be screened from view. (Code Requirement) I ATTAC HMENT 5 SHEET'�' TRACT N0, 15603 REINO PART OF TENTATIVE TRACT NO. 15603 ACREAGE: 1.081 ACRES 12 NUMBERED LOTS VDA OF SUREY..MAY 2000 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES DAVID L. WALDEN, R.C.E. 19402 JANUARY 2001 t I SCAM 1•-L0• 1 I Qom• I 88M11R!51t<[!f W 1 PARCEL 2 1 LL 98.02 / R A M57.NO. 19980837731 ,N N OOTrx O0 r fib' N 17x L 1063P LOT T* I 1 7lLD 51,53' 34U!• N 0077x L 1LOG1' 7BA1' ILJS' ]730' 1 m. Ym 1 I I 7 !7 q 1 3 I I Id Osl• • ; O�B7 c 9 Ll 8 u1 q I 1 u s � i 5 3 p i i C I N 007Tx c st�;` I u u cm I L-- -- I I2 e $SLIM II � � 1 �. �1 OTOVAR s � >< �usIfOO7TST c x3O ' A x OD77x c 33' q fi N Om?9f i lI s q q L3 I RI . Naonx[ N am7x[ uir 1 LB33• I I I I w 6 I LOT A' 4 j nm LOT I JI c rydq 1 I p . s 4 i L+oa 6 / 37GD // j N I g'cl s sl3 ' 0 Li " I / RA'L L9m' KGO x OD7T5*r u3v N q �a N Oo'L7x[ ABET IOOUSf r L78.M' 1 T 88 G� O 10 >E • N 0O777T L IQSP LOT x .1 LOT Tr• `•'4' /S 'Bon A$ b S• 81I z N 00T7511 r B33T I 1 � eta TRACT NO. 16180 - N.N 815r1.9 1 LiGO•� � j 12 1 I LOT'9' I m6 Las' Ala N OMIT r LOGO' � NOTE"L' B OO' L. !Lz LOT•Lr L S¢SQT TWO OJ MIT NONLIXT MIM.BINS OF BLAIBLI05. EAS M LIODD,GDERAL N01rS AND BOLMW NONS. j I N aORI:T i bJl, .- L� L LK AND a W TABLES SHOW ON SPIT TWO ft I ( 1 N 0077D3'L' JOW- O I j {sl[Ln am a,BYATq EST.,.►Q O ,4 d! "'w" "L u5r Imm I.Q-0O \` I 5=IYF VILLAGE.NIMM'.TON MAGI PARCEL 2 oo 7U1UQ AUtl80R.SLACT LL 98.02 MST.NO.199110837721 i SHEET I OF 3 ACCEPTED AND FILED AT THE BENC PART OF TENTATIVE TRACE MAT' N�. l56®3 REQUEST OF TRACT N0. 15003 ACREAGE' 1.061 ACRES 12 NUMBERED LOTS DATE OVATER�VEY.MAY 2000 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE nME FEE t STATE OF CALIFORNIA INSTRUMENT/ BOOK PAGE BEING A SUBDIVISION OF THE DESIGNATED REMAINDER OF TRACT NO. 16180. AS SHOWN ON A MAP FILED IN BOOK 81s,PAGES 1 THROUGH 9 OF MISCELLANEOUS MAPS, DARLENE J. BLOOM RECORDS OF ORANGE COUNTY.STATE OF CALL MAK INTERIM COUNTY CLERK-RECORDER BY WALDEN & ASSOCIATES DEPUTY DAVID L. WALDEN, R.C.E. 19402 JANUARY 2001 OWNERSHIP CERTIFICATE; ENGINEER'S STATEMENT: WE THE UNDERSMED.BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST N THE LIMN IHB MAP WAS PREPARED BY ME OR UDDER Mt DIRECTION NO 6 BASE UPON A FIELD SURVEY COVERED BY THIS MAP.DO HEREBY CONSENT TO THE PREPARATION NO RECORDATION OF N CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION YAP ACT AND LOCAL ORDINANCE SAID MAP AS SNnWW wlMw THE DISTINCTIVE BORDER LINE ATE THAT ALL MONUMENTS ARE of THE CH THE EER AND OCCUPY THE OF SKEk HOMES ON POP09I1�]INDICATED.OR THAT THEY WILL BE SET IN SUCH WE DEDICATE TD THE CRY OF HUNTINGTON BEACH: POSITIONS:AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. i HEREBY STATE THAT THIS FINAL YAP SUBSTANTIALLY CONFM S TO THE CONDMONNLY APPROVED 1. ACCESS RIGHTS IN,OVER,ACROSS,UPON/NO THROUGH THE PRIVATE STREETS, TENTATIVE YAP. INCLUDING DIMG04CV ACIESS.WITHIN SAID TRACT FOR THE PURPOSE OF MVNTARONG SERMGNG,CLEANING' EANNG.REPAIRING AND REPLACING THE WATER SYSTEM WITHIN SAID TRACT. 2. THE EASEMENT OVER THE PRIVATE STREETS.INCLUDING EMERGENCY ACCESS.WITHIN SAID TRACT,FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES. DAVID L WALDEN 3. THE EASEMENT FOR PUBLIC UTILITY PURPOSES AS SHOWN ON SAM YAP. R.C.E 19402 0L INDE 4. THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE EXPIRATION CAM 9-30-05 • Ep E-,p..G IMPROVEMENT PLANS FOR THIS TRACT. BOUNTY c_IRVEYOR'c STATEMENT: SNEA NCKflS DEVELOPMENT LLG A OFIAWAAE LIMITED LIABILITY COMPANY 1 HEREBY STARE iNAT 1 FAVE EXAWNED THIS YAP AND HAVE FOUND THAT ALL YAPPING BY:SIEA HOMES UNITED PARTNERSHIP,A CALIFORNIA UNITED PARTNERSHIP.ITS MANAGING PARTNER PROVISIONS OF THE SUBDIVISION YAP ACT HAVE BEEN COMPLIED WITH AND 1 AN SATISFIED BY:J.F.SH EA CO..INC..A NEVADA CORPORATION.ITS GENERAL PARTNER SAID MAP IS TECHNICALLY CORRECT RELATIVE TO THE TRACT MAP BOUNDARY. WED THIS_DAY OF 2002. BY: BY AWE: NAYS TITLE: TITLE: JOHN CANA4,COUNTY SURVEYOR NOTARY ACKNOWLEOGWI LS 4408.D04PATWH DATE 9-JO-05 • STATE OF CALIFORNIA SS ) CITY ENGINEER'S STATEMENT: 1 COUNTY OF I HEREBY STATE THAT I HAVE COMM THIS MAP AND HAVE FOUND R TO BE SUBSTANTIALLY ON BEFORE ME, N CONFORMANCE WITH THE TENTATIVE MAP,F REQUIRED,AS FILED AIM.AMENDED NO PERSONALLY APPEARED APPROVED BY THE CITY PLANNING COMMISSION:THAT ALL PROVISIONS OF THE SUBDIVISION RAP PERSONALLY KNOWN TO YE OR PROVED TO YE ACT AND CRY SUBDIVISION REGULATIONS NAVE BEEN COMPUED WITH AND 1 AN SAARSRED SAID ON BASE OF SARSFACIORY TO BE THE PERSONLST WHOSE NAME( 6 NE YAP 6 TECHNICALLY CORRECT N ALL RESPECTS NOT STATED TO BY THE COUNT'SURVEYOR SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT EIEWIEO THE SAYE N 14S/NER NIMORBED CAP TES)NO TAT BV YWS SGIIATURE(5) . AIM I=REQ�i PFREOFIES),OR THE UPON BEHALF OF THE PERSON(s) DATED THIS_DAY Oi 2COM 01SIRIA10p IYfRIF53 MY HAND. .BEARDSLEY DIRECTOR FOF PUBLIC WORKS R.CE NO,22570 MY PRINCIPAL PLACE OF BUSINESS CITY OF HUNTINGTON BEACH EXPIRATION DATE:12/31/05 SIGNATURE 6 N COUNTY. NOTARY PUSUC N AND FOR SAID STATE MY COMMISSION EXPIRES CITY PLANNING COMMISSION CEffnFICATEi (WANE PRINTED) 4 NOWARD ZEffSKY,SECRETARY TO THE PLANNING COMMON OF THE CITY OF HUNTINOTON BOAC6 CAIFORN0.DD HEREBY cERBFY THAT I RAVE BLAMED THIS MAP AND HAVE FOUND IT TO BE SUBSTNNTIALLY In SAYE AS THE TENTATIVE MAP AS FILED WITH,AMENDED AND APPROVED STATE OF CALIFORNIA SS BY ME HUNTINGTON BEACII CITY PLANNING COMMISSION. COUNTY OF CIN BEFORE YE. DATED THIS_DAY OF .2002. PERSONALLY APPEARED PERSONALLY KNOWN TO ME OR PROVIEDTO Y ON THE BASIS OF SA ICTORY TO BE TIE PEASONE51 YIHOSE.NNIE(S 14 AAE SECRETARY TO THE Pl/1NIIN0 COMMISSION SUBSCRIBED TO THE WITHIN INSIIUAIDR ARD ACKNOWLEDGED TO LIE THAT EXECUTED THE SAME N 104/H�IT R AURIGOZED ES)AND THAT BY HIS R 72CJIATURE(S) ON THE R ENTNhTRUN(7 T1=3).OR THE UPON BEHALF OF WHICH THE PEISON(S) ACTED.E MUTED THE COUNTY TREASURER-TAX -0 LECTOR'S CERTIFICATE ASS MY HUB, STAIE Of CALB'OOMA 83 MY PRINCIPAL PLACE OF BUSINESS COUNTY OF ORANGE ATIARE got COUNTY. NOTARY PUBLIC IN AND FOR SAID STATE I MOM CUM THAT ACOORONO TO THE RECORDS OF MY OFFICE.THERE ARE NO LENS NOT AGAINST THE LARD COVERED BY THIS MAP OR ANY PINT THEREOF FOR UNPAID STATE.COUNTY. MY COMMISSION EXPIRES SPQR MUNWAL OR RSLOCAL TAXES COLLECTED SPECIAL AS ASSESSMENTS TAXE NOT YET Pam AS TAXES,EXCEPT TAXES (WIRE PRINTED) AYABLE AND DO ALSO CERTIFY TO THE RECORDER OF GRANDE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT NAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE IKE PAYMENT CITY CLERK'S CERTFICATE: OF TAXES-OR SPECK.ASSIESSLEITS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. SITE OF CALIFORNIA I >s COUNTY of ORANGE TM T DAY OF 2002. 1 HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF 40N Y.W.MOORLACH or HUNTINGTON BEACH AT A WAU AA MEETING THEREOF LEND ON THE__DAY OF COUNTY TREASURER-TAX COLLECTOR. DEPUTY TREASURER-TAT COLLECTOR 2002, AND THAT IM09PON SAID COUNCIL DD.BY AN ORDER DULY PASSED AO ENTERED.APPROVE BUD MAP AND DO ACCEPT ON BEHALF OF THE CITY OF HUNRNQION BEAM 1. ALfE59 RIOTS N.ONEL ACROSS,IRVOFISrR000H THE PIWVAIE 31AEEi5, SIGNAILRE OF OMISSIONS: ING110NG EEACEICI'ACCCFSSSS,WTRDN AD TRACT AS OECI M PURS1lANT ib 11E PROVOONS OF SECTION 65436(•x3)OF THE SUBDIVISION YAP ACT. 1. THE EASEMENT OVER THE PRIVATE STREETS.INCLUDING EMERGENCY ACCESS, THE FOUOWINO SO4AAM HAVE BEEN OMITTED: WITHIN SAD TRACT FOR POLICE AND FIRE DEPARTMENT ACCESS AS DEDICATED. ]. THE EASEMENT FOR PUOLJC UTILITY PURPOSES As SHOWN ON SAID MAP. MAIMS WELLS� µD OMES HUM OF��Nq��mRE MA r o. 4. THE DOMESTIC WATER SYSTEM ARID APPURIENNOFS AS SHOWN ON THE 1999 AS INSTRUMENT NOS.19960234730 AND 199R0134744.BOAR OF OFFICIAL RECORDS NPROVEYDNT PLANS FOR THIS TRACT. (EASEMENTS ARE BLANKET ET 1N NATURE AND NOT PLOWABLE) 2.SOUTHERN CALIFORNIA GAS COMPANY.HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND WE ALSO HEREBY IHWDON,PURSUANT TO SECTION 904J4Ea1 OF THE SUBDIVISION MAP ACT. NCMBffAL PURPOSES,RECORDED WJRdI 10.1000 AS INSTRUMENT N0.10000/1I027.AND THAT PORTION OF THE PUBLIC STREET((SUUMIT STREET F ERLY CLAY LYING WITHIN /HOLDER fXr AN FASEIDIT FOR PUBLIC UI{TIB AND NCDE(TAL PURPOSES.RECORDED AUGUST NNE BOUNDARY OF'TIH6 VIAP,WHICI1 WfAE ACQUIRED EN THE CITY CA NU ON BEACH PER 9.2001 AS NSTRUMET NO 2001030132 BOTH OF OFFICIAL.RECORDS (FASE1E114 ARE THE MAP OF THE GARFIELD ADDITION TO HUNIINGION BEACH TRACT.RECORDED IN BOOK 7.PAGES NMIXET N NATURE AND ARE NOT PLOTTA�. 27!IS OF MISCELLANEOUS MAPS,RECORDS of ORANGE COUNTY.NOT SHOWN ON THIS MAP. i HUNTIROTGI BFACN COAIPAIMY,HICIDEN W OIL OAS AND YINEP/L R A BJECT OM$RDCORDEO OCTOBER AND 010 S)APPROVE SU MAP PURSUANT TO THE PROVISIONS OF SECTION 31,1990 AS R131R1JYEIT N0.90-s77992,OF OFFICCIY.RECOROA EE4]B(W)(3)(A)OF THE SUBOM90N MAP ACT. Nro NdOf�7NrDAAI. IECONOPDo9 HUNTINGTON GEACK HUM m µ.x�00As INSTRUMENTIENT FOR wa 200ERGROUND o se7ie7 DATED THIS_DAY Of -20M BF CFfXXAL RECORDS. L VERRON CALIFORNIA INC,HOLDER OF AN EASEMENT FOR PUBLIC UTILIZES AND INCIDENTAL CONNE BROCKWAY BY: PURPOSES.RECORDED MAY 31,2001 AS INSTRUMENT NO.2WI0353127.OF OFFICIAL RECORDS. CITY CUM OF THE DEPUTY (BSEMENT 6 BLANKET It!DIRE AID NOT PLOITANE). CRY OF HUNTINGTON BEACH B.CENCO ROTGNO COMPAANY.FOLDER OF A NON EXCLUSIVE EASEMENT FOR UNDERGROUND PETROLEUM PIPELINE AND INCIDENTAL PURPOSES,QED JUTE 14.2001 AS D6TRUYFM NO.20010392532.OF OFFICIAL RECORDS. SHEET 2 OF 3 TRACT NO. 15603 BEING PART OF TENTATIVE TRACT NO. 15603 ACREAGE: 1.081 ACRES 12 NUMBERED LOTS DATEOF SURTS VEY. MAY 2000 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE STATE OF CALIFORNIA WALDEN & ASSOCIATES DAVID L. WALDEN, R.C.E. 19402 JANUARY 2001 MONUMENT NOTES: EASEMENT IMEND r IRON PIPE WITH TAG STAMM'R.C.E.1940r OR SPIKE AND WASHER STAMPED'LC.E INDICATES A VARIAME WIDTH EASEMENT OVER PANATE STREETS te vMxwNO EMERGENCY A . /940r OR LEAD AND TAG STAMPED•R.C.E.1940r TO BE SET AT ALL BOUNDARY CORNERS O DEDICATE)ON THIS MAP TO THE CITY OF HUNTINGTON BEACH FOR POLICE AND ARE DEPARTMENT WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. ACCESS PURPOSES. ■INDICATES A 1'IRON PIPE WITH TAG STAMPED•R.C.E. 1940r OR SPIN AND WASHER STAMPED O2 INDICATES A VARIABLE WIDiH PUBLIC UTILITY EASEMENT DEDICATED ON THIS MAP TO THE CITY OF •R.C.E. 1940r OR LEUD AND TAG STAMPED'R.C.E. 1940r TO BE SET AT THE LOT CORNERS AND HUNTINGTON BPAIX CERERINE CONTROL POINTS AS INDICATED.WBNN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. INDICATES AN EASEMENT TO THE CITY OF HUNTINGTON BEACH FOR UNDERGROUND WATERLINE •INDICATES FOUND MONUMENT AS NDTED OR REFERENCED HEREON. - O AND INCIDENTAL PURPOSES RECORDED AS INSTRUMENT NO.20000587187.O.R. (DfOUND r IRON PIPE WITH BRASS TAG.STAMPED'RCE 12380'.DOWN 0.8 FT.IN CITY OF INDICATES AN EASEMENT TO CENCO REFINING COMPANY FOR UNDERGROUND PEATCLEM PIPELINE HUNTTTOMG1 BEACH WELL MONUMENT,PER PARCEL MAP NO.90-198.P.Y.B.296/37-41. O PURPOSES RECORDED AS INSTRUMENT NO.20010392532.O.R- (O.P.S.STA 3052) N Re1 N C: ®WWELL NWNCHED�C�STAHUMI'GTON BEACH DISK IN CONCRETE,DOWN 0.90 FT.IN TOTS•A' AND•r ARE FOR PRIVATE STREETS AND COMMON AREAS. QFOUND PUNCHED MARK IN L MANHOLE PER H9A.6.d<2 18/7.ACCEPTED AS A ED RF3.L LETTER LOTS SHOWN ARE NOT SEPARATE BUILDING S CENIETIUNE INTERSECTION OF STEYART STREET AND A UL R.INDICATES RECORDED DISTANCE Q FOUND r SPINE AND WASHFA STAMPED'R.CA:1940r PER TRACT MAP 18180,Y.Y.815/1-0 Y INDICATES MEW97F.D DISTANCE ACCEPTED ITS THE INIERSECRON OF SIEWNtT STREET AND CLAY AVENUL ❑e FAD.saw TAGGED•LS.334r PER P.Y.90-198.P.M.B.266/37-41. ( ) INDICATES DISTANCE PER P.M.40/40 -109 ®FOUND PX NAIL PER P.M.70/30-31.TO BE REPLACED WITH SPINE k WASHER PER I I.INMATES DISTANCE PER P.Y.90/30- 1RACT MAP N0.18180.Y.Y.615/1-9. I I-INDICATES DISTANCE PER P.Y.7 O.19 1 QFOUNO A SPINE AND WASHER STAMPED•R.C.L 1940r PER TRACT NO.16180.YAM.815/1-0. ?RYA'171-INDICATES DISTANCE PER MST.N0.19980LT7731 ( ].INDICATES DISTANCE PER YAI 815/1-9 QB FOUN)A r SON POPE WITH TAG STAMPED•RX-C 1940r PER TRACT NO.18180.Y.Y.815/1-9. !I[ WARM INSTANCE LINE WAM dSTATU mw I DaTA I ALOW LD16N ®FOUND A LEAD 81 TAG SrAMPED'R.C.E 1940r PER TRACT N0. MSQ Y.Y.815/1-9. BASIS OF BEARINGS' L4 IF �' r THE BFARNGS SHOWN HEITMON ARE BASED ON THE BEARING BETWEEN O.C.S.HORIZONTAL IT 76 CONTROL STATION O.P.S.MO.5051 AND STATION O.P.S.NO.SOW BEND NORTH 89L3'0S WEST PER RECORDS ON FOE IN TIME OFFICE OF THE ORANGE COUNTY SURVEYOR. N x •r sr IL OW1W QATEMFNT AT OfflOr W 1IJr 1 131 1171113656,Lyx 4 CooRWN1EI SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM(CC583) l IT MIrO/' 838mm . • ZONE 91. 1993 HAD(1991.3.EPOCH OCS ORA ADJUSTMENT). 1 x 4e N ew w N 12S33r L 1 OOD L1EA8' ALL DISTANCES SHOFAR ARE GROUND.UNLESS OTHERWISE NOTED. TO OBTAIN WM DISTANCE. 1 r T MULTIPLY GROUND DISTANCE eY 0.99997529. Se• 8 ss' 42 r 1924' 7 4 r BGO' us L L38 x ar»x r N r m GFS 5051 7x &Z"m7G01 m CK030022d12 LZI N 0017x r <QY GOTHARD STREET BLOCK•c• Ln GARFIELD STREET ADDITION /T4/N$7�E� 1e I TO NUR.F129 28 BEACH� -- -^ -20- I . I PARCEL 7 U.98.02 INST.ND.19990937n1 ' STEWART STREET \ / N 007754 L 132009'M f Y 71000'8 8 M] N 8442V4 w N Om774 L IT 1 ,_7-.T.. �( SOON' 3325' LN" RfM3 LNOm73PC C4334'Rf N3 N007TJ4L Mw AS TI[fASTERLY 3 OI I LINE OF GUCT W.16180 64 e NN 811,1-1 L, n 9a 'DES OFMTED RENANDER' PARCEL 2 •Ik-l-ESTABLIMED AS TIC ! RACT NO.19180 I u 98.02 m NN 85/1.9 a I N Or TItACT NO.1618800 T _ TOT'C q NSi.NO.E988083T731 I MN 815/I-7 E LOT A• 6 'N =I� N Om7x C I4724' / / I LOT Tr N 770sw 9 ICI c 1 / TRACT NO.18180 36.36-� / IiFL e5e-9 LOT v .-{34 IT SLOT v � Nome c eDDo• r \ LSTABLINILD As Im SOLINI5.r LOT' -N O;Wu'C IN Om1 El LING OF M4GT NO.XMM) - \ 03eD.as• ITam) M'Q Iml AIR SL511-9 ; 1� L N OmBTY L Od'U'] 5T1STFM 91�W1 _�COIN OR� 7 /�\ M)NT WK 9EW)q ESTAr)SNm R M III 4176�LI s ON \� A j,Ll( CONDITIONAL.IO89T T Vd0 I Oe SET �C�TL'ipV" IWGPoSfn MIT[AUO/EIr•YBrGT TO owa Sr PARCEL I c \ DRen•e u IT Q ILIA � 84Si.NO.MSO837731 �V �[sTASINm AS T1r 9LSTL'RrM- rA O� / ix a BLOCK v RHOS A� /may/- IT W422vfr IF I O s : / > _M'N J0 67s2' aLro x [ ouoti .q_wmi»7 GOLDENWEST STREET 117e - • A f D288' �/• � Jc SA \\ \� - -1314e3'N C1314�'>-•- --.� \_'r'4�l N•214IOONr9 � - W N 001773'[ 264061'M<2WOAl/') -N ATTACHMENT b � SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA—VICKERS DEVELOPMENT, L.L.C. FOR TRACT NO. 15603 THIS AGREEMENT ("Agreement") is entered into this day of 2 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SHEA-VICKERS DEVELOPMENT, L.L.C. a California 00 a" hae * iffte�r li i. e is i i y company, 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. 15603 ; 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 defectiin work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/9/27/02 1 NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1. GENERAL IMPROVEMENTS SUBDIVIDER hereby agrees to do and perform and pay for all of the work in said tract required by the conditions of approval of the subdivision map not completed at the time of the recordation thereof, including, but not limited to, the construction of: streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; and domestic water systems, including the construction of water mains, services and installation of meters. SUBDIVIDER also agrees to pay all engineering costs and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of the work shall be done and performed in accordance with the plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer. All of the work shall be done at the sole cost and expense of SUBDIVIDER. All of the work shall be completed on or before two (2)years from the date hereof, unless the conditions of approval of the subdivision map require an earlier completion date. All labor and material bills therefor shall be paid solely by SUBDIVIDER. CITY may withhold all occupancy permits until completion of all these improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by the conditions of approval of the subdivision map, prior to release or connection of utilities for occupancy for any lot in the tract. agree/forms/subdiv 10-18-01/9/27/02 2 a 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work -for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works .Department to be necessary to ensure establishment.of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City_Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during . the one (1)year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-0.1/9/27/02 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 Eighty--One Thousand Dollars ($81, 000. 00 ), which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/927/02 4 With this security, SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one (1) year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Labor and Material: Security in the amount of Forty Thousand Five Hundred Dollars ($ 40,500. 0 which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor,to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/9/27/02 5 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER's covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER. shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One agree/forms/subdiv 10-18-01/9/27/02 6 Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty (30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all tunes 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-I8-01/9/27/02 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 SHEA—VICKERS DEVELOPMENT L.L.C. ATTN: Director of Public Works Attn• Ron Metzler 2000 Main Street Huntington Beach, CA 92648 603 S. Valencia Avenue Brea, CA 92823 15. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 18. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining agree/forms/subdiv 10-18-01/9/27/02 9 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be-deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder.. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/farces/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 parry 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 l 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. SiTPDIVIDER A VICKERS DEVELOPMENT, L.L.C CITY OF HUNTINGTON BEACH, a companyare limited liability municipal corporation of the State of California BY: SHEA HOMES LIMITED PARTNERSHIP a California limited partnership t Ryhe J C rW ona, Rs'general partne➢vlayor By: Les mas. Vice President ATTEST: print name ITS: ('circle one)Chairman/Presiden ice Preside AND r By: APPROVED AS TO FORM: Ronald C. Metzler, Asst. Sec_- print name / IT cle one)Secretary/Chief Financial Officqe5st. 02 City Attorney ,A�Dv Secretary— reasurer {'�D"-31' ��V ITIA D AND AP P ED: REVIEWED AND APPROVED: Director. bf- Public--Works City AhAnistrator agree/forms/subdiv 10-18-01/9/27/02 12 STATE OF CALIFORNIA COUNTY OF ORANGE On October 15, 2002, before me, Beth A. Hutchinson, Notary Public, personally appeared Les Thomas and Ron C. Metzler, personally known to me (er pFeved to me an the basis Of 6at*sfaGtOFY evideRGe) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. BETH A.HUTCHINSON Commission#1303862 Z Notary Public-Calftmia Z Orange County My Comm.Expires May S.2005 Beth A. Hutchinson Notary Public Commission #1303862 Comm. Expires May 8, 2005 California General Purpose Acknowledgment For all documents executed in the State of California On File for Public Review in the Office of the City Clerk • • jOND NO. SV9966 . PREMIUM Included in charge for Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and Shea Vickers Development, LLC, a Delaware Limited Liability Company , (hereinafter designated as"Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated , 19 , and identified as project Tract No. 15603,is hereby referred to and made apart hereof, and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work,to.file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (`commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Forty Thousand Five Hundred and 00/100-------- dollars ($ 40,500.00-----------------------);for materials furnished or labor thereon of any kind,or for amounts.due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees; incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. If is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. a Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in.any manner G .. A.-t.orney BY: IJ 8090 affect its obligation on this bond,and it does hereby waive notice of any sucn change,extension,-alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on October 3 2002 Shea Vickers Development, LLC, a Delaware limited liability company By: Shea Homes Limited Partnership, a California limited partnership* as Principal *its managing partner B J.F. Shea Co., Inc. , a Nevada corporation, its general partner, By: Lis A. S ion, P dent By: (� Rna su1C Vire anarrine s Secretary Insurance Company as Surety B4eT I. Jackson, . t orney-in-Fact By STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON BEFORE ME, r P�.�`'h Pam' 2)a w dr Le id A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEAREDL��� . SG�TCr�VI AND kon'ord (f. Met%lej- PERSONALLY KNOWN TO ME ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAN SIGNATU MY PRINCIPAL PLACE OF BUSINESS IS NOTARY P PO IN AND FOR SAID STATE IN COUNTY /7f27% - DG1.WVl IQe id (NAME PRINTED) 14rQMWI ION EXPIRES 8 0 HEATHER DAWN REID Commission#12MM STATE OF CALIFORNIA ) Notary Public-Caliiomia COUNTY OF ORANGE ) SS Oran county MYCOMM UpkesAW8,M r ON , BEFORE ME; A NOTARY PUBLIC IN AND FOR SAID STATE,.PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO_ME ON THE BASIS OF SATISFACTORY EVIDENCE). TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED-CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 2 8090 CALIFORNIA ALL-PURPOSE )WLEDGMENT No.5907 State of California County of Orange On October 3, 2002 before me, Christine Maestas, Notary Public DATE NAME,TITLE OF OFFICER-E.G..JANE DOE,NOTARY PUBLIC' personally appeared .Teresa I.. Jackson NAME(S)OF SIGNER(S) personally known to me =OR= ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. Ci;:<is�\�t!r�a�TAS WITNES nd and officials 1. Commiv;on#1221539 Cranga CC.;nl y `'•! My Cc c 1.�,'a.W 1 SIGNATURE OF NOTARY i 1 L 1 N.�1��'i Li,\.4J 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Labor and Material Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) Two ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER:. October 3, 2002 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) St. Paul Fire & Marine Insurance Company Shea Vickers Development, LLC a Delaware Limited Liability Company --- SIGNER(S) OTHER THAN_NAMED ABOVE WC-4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.• P.O. Box 7184 6 Canoga Park CA 91309-7184 .i k re The WWI PONN)ER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company , s i ` i Power of Attorney No. . M88 Certificate No. 13 9 9 5 9 3 KNOW ALL MEN BY THESE PRESEINTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under j the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, i Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'),and that the Companies do hereby make, constitute and appoint Teresa I.Jackson,Victoria Voorhees and Christine Maestas of the City of Santa Ana .State California ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the iperformance of contracts and executing or guaranteeing bonds and undertakings required or.perinitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to lie siened and sealed this 17th day of August ,2001 r .. Seaboard Surety Company United States Fidelity and Guaranty Company I i St.Paul Fire and Marine Insurance Company Fidelity_and Guaranty Insurance Company r Fidelity and Guaranty Insurance Underwriters,Inc.St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company SuraEry tlR[� 03FA � mQ-1 C9tI*,2Q N7 w'�J�,`RANG[�E f4 r4i/,'iP.5ArYP 8 IdR0•ld4 LYL�f��a`f•in `Ne�, t Y�.p �1977�y� PETER W CAL`LAN,Vice President 1f AtN � Y• .\// , State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 17th day of August 2001 ,before me,the undersigned officer,personally appeared Peter NM Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers: �m��"E'`s`F`n `�f'P,GGzca..,�,a,�,¢�,,,,•ujK.ft�wc�r�.. � In Witness Whereof,I hereunto set my hand and official seal. m a e, 0 My Commission expires the 1st day of July,2006. y vo it REBECCA EASLEYONOKALA.Notary eCIN Public g 86203 Rev.7-2002 Printed in U.S.A. t. I 7TWsPowerof Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fie Insurance Company,St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fieyanuaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in 3 accordance with these'resolutions. Said Portvr(s)ofAttorney for and on behalf of the Company may and shall be executed in the name and on behalf of the ' Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with.the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes t only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so . executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and- RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power ofAttorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTLNIOINY WHEREOF,I hereunto set my hand this 3rd day of October 2002 Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power ofAttorn47 clerk. Please refer to.the Power ofAttorney number,the ._. above-named individuals and the details of the bond to which The power is'attached' I iI i . 1 [ i I � i ' BOND NO. SV9966 PREMIUM $203.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and Shea Vickers Development, LLC, a Delaware Limited Liability Company , (hereinafter designated as"principal") have entered into all agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 99 , and identified as project Tract No. 15603, 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 St. Paul Fire and Marine Insurance Company, as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City", the penal sum Of Eighty One Thousand and 00/100---------- dollars $ 81 000 00--------) lawful money of the United States, for the payment of whidh.sum well and truly to be made,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees;as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by" City in successfully enforcing such*obligation, all to be taxed as costs and included in any judgment rendered. A�duz;� APPROVED AS TO' FORlfdw GAIL 4 10idf City Attorne�r By: Deputy City Attnx•rzr.:;-S, 1 . The surety hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the agreement or to the work lobe 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 October 3 .49- 2002 Shea Vickers Development, LLC, a Delaware limited liability company By: Shea Homes Limited Partnership, a California limited partnership, its managing partner By: J.F. Shea Co. , Inc. a Nevada corporation, its genera, as Principal partner aye Lisa A. Sutton c President s C y Ronald C. Metzler, As ant Secretary St. Paul Fire and Marine Insurance Com an , as Surety r a I. Jackso , ttorney-in-Fact y 2 1 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ONOC 7 L)ber)0, o�Dflo� ,BEFORE ME, Pa. ter ZcLw n kc;j , A�N'OTARY PUBLIC IN AND FOR'SAID STATE, PERSONAL ,�LY APPEARED j35e_ As _ �✓1 AND 9011a.(d 0. Mo-+2-ler , PERSONALLY KNOWN TO ME ( E) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATU MY PRINCIPAL PLACE OF BUSINESS IS NOTARY rUBLIC IN AND FOR SAID STATE IN nra COUNTY TNG�/' ��GLl.LJi9. . �B id MY COMMISSION EXPIRES HEATHER DAWN REID Commission#1260039 Notary Public-California arrange County My Comm.B pkm Apr 8,=4 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES i 8075 3 CAL'IFORNIA ALL-PURPOSE ACOWLEDGMENT No.5907 State of California County of Orange On October 3, 2002 before me Christine Maestas, Notary Public DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC' personally.appeared Teresa 1. Jackson , NAME(S)OF SIGNER(S) personally known to me -OR ❑""proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. CH, IST\Et-,,.47z AS --- WITNESS d and official seal. Commission n 12215891 2 Nofary Pubic-Ca(iiomia Orongs County •:+J y S GNATURE OF NUTAKY MyCcmmbpTasN"25,2=n3 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Faithful Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) Two ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: October 3, 2002 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) St. Paul Fire & Marine Insurance Company Shea Vickers Development, LLC a Delaware Limited Liability Company SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8230 Remmet Ave.. P.O. Box 7184 0 Canoga Park.CA 91309-7184 "` BOND NO. SV9965 PREMIUM $100.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Shea Vickers Development: LLC. a Delaware limited liability company as Subdivider of No. 15603 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: Thatsaid Shea Vickers Development. L.LC. . a Delaware limited . , (Subdivider) liability company as principal, and St. Paul Fire and Marine 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..Three Thousand* *Five Hundred and 00/100 $ 3,500.00------ , 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 3rd day of October ,49 2002 Shea Vickers Development, LLC, a Delaware limited liability company By: ,Shea Homes Limited Partnership, a California limited partnership By: J.F. Shea Co. , Inc. , a Nevada Corporation, its general partner . as Principal . T �� n, Vice President 1PPROVED AS TO FORM:' C ',AIL HUT WLi , C1 t;'r At•tornl3y: 3y: Deputy Ci�y At-corney . Ronald C. Metzler, sis ant Secretary St. Paul Fire and Marine Insurance Company , as Surety By. T es I. Jackson, At ney-in-Fact B . i f . STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON I JCI 0I%Y BEFORE ME, Q1z.TVl2,r. �GLWV1 �e10{ , A NOTARY PUBLIC IN AND FOR'SAID STATE, PERSONALLY APPEARED L:( so- A . S L&71�r,h AND _f 0l-lodd if M dz le , PERSONALLY KNOWN TO ME( ) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNAT E _ MY PRINCIPAL PLACE OF BUSINESS IS NOTAR P BLIC IN AND FOR SAID STATE IN r COUNTY 1NAAdEP131NIE MY COMMISSION EXPIRES �zg/k_ H154MER.DAWN REID CommissionMft#1260039 COROMb oww cm* � Q0MVCa=-EVftApr%20041 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON . BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED.TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8075 3 CALIFORNIA ALL-PURPOSE A )WLEDGMENT 0'' No.5907 State of California County of orange On October 3, 2002 before me, Christine Maestas; Notary Public DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared Teresa I. Jackson . NAME(S)OF SIGNER(S) personally known tome -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. C►Comm mL-�;i 'r 1221a89 WITN and and I I. _inian; Z No',ary Public.-Cafifomla_ OiangaCourty MyCCiTlm f gJrssN L'J25,2303 SIGN NOTARY 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 SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Monument Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) One ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: October 3, 2002 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) St. Paul Fire & Marine Insurance Company Shea Vickers Development, LLC a Delaware Limited Liability Company SIGNERS)OTHER THAN NAMED ABOVE WC4087/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave.. P.O. Box 7184 0 Canoga Park CA 9 1 309-7 1 84 ,n1@pain POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power ofAttorney No. . 22688 Certificate No.- 1399592 KNOW ALL X EN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Teresa I.Jackson,Victoria Voorhees and Christine Maestas of the City of Santa Ana State California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. rq WITNESS WHEREOF,the Companies have caused this instrument"to lie"signed and sealed this 17th day of August 2001 Seaboard Surety Company United States Fidelity and Guaranty Company. St.Paul Fire and Marine Insurance-Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company'_-.-` Fidelity and Guaranty Insurance Underwriters,Inc. . St.Paul Mercury Insurance Company" riWfly ,tRt s` O`''.�NS�9 Q4Jp�.,x4Yq'yn k r `.. * �. 2 ttORVO�„ty =f 109.1f'•f, ` t0 �9� """'MM�tU PETER W.CARMAN,Vice President .� c �4SEALae SSEL�s � � ��$ 1951 Q'� !i{w NCf 1S•/.N� Y"• �Attu � �._ - State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 17th day of August 2001 before me,the undersigned officer,personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc";and that the seals affixed to the foregoing instrument are the corporate seals of. said Companies;and that they,as such,being authorized so to do;executed.the foregoing instrument for the purposes therein contained by signing the names-of the corporations by themselves as duly authorized officers. A107In Witness Whereof,I hereunto set my hand and official seal. UB4Y !/ C My Commission expires the 1st day of July,2006. REBECCA EASLEY-ONOKALA,Notary Public 9E C.V 1 i i :. 86203 Rev.7-2002 Printed in U.S.A. This Power o ttorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul F Fire and Marine In rance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed:by facsimile to any Power of Attorney or to any'certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so k• executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and t RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 3rd day of October 2002 4YrEry y,\F[� PM Sys P�,x[�y� �YA^y / 1927 2 ��C\V=11„im y%pWrtR�l�,^ "^�wxtl! „SEAL o v`HEL/e N , 1977 1851 / �� '`�e,\„cE` +s•[r+' `° �►!AN1� - � /1� - - Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. i RightFax 11/22/2002 11 : 49 PAGE 2/6 RightFax CC U - St��ja0.6o ACORD. CERTIFICATE OF LIABILITY INSURANCE page 1 of 3 11/22/2002 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE INSURED Shea Vickers Develoment, LLC INSURERA:American International Specialty Speclalty Lines In 26883-000 c/o Shea Homes INSUHEHB:National Union Fire Insurance Co, of Pitt 19445-000 603 S. Valencia Q Brea, CA 92823 INSURER C:National Union Fire Insurance Co. of Pitt 19445-001 INSURER D: ! INSUHLH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICYEXPIRATION 7 TYPEOFINSURANCE POLICY NUMBER T / !Y T / !Y LIMITS A GENERAL LIABILITY ! GL2673844 8/1/2002 i 8/1/2003 tACHUCCUHHtNCE $ 4,000, OOp X I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE h" mefire! Is 50 000 I CIAIMSMADE 7XIOCCUR I MEDEXP(Aryonepemonl Is 5 000 i PLHSUNALBAUV INJUHY $ 4,000, 000 GENERALAGGREGATE $ 5,000,000 �"_N'LAGGREGATELIMITAPPLIESPER: I PRODUCTS-COMPIOPAGG $ rj 000 000 PRO- I I LUG' PULI CY JECT B I AUTOMOBILE LIABILITY AOS 8261174 8/1/2002 18/1/2003 COMBINED SINGLE LIMIT g ANY AUTO VA 8261171 8/1/2002 18/1/2003 (Eaacclde"11 I$ 1,000, 000 B ALLOWNEUAUIUS TX 8261172 ' 8/l/2002 8/1/2003 BODILY INJURY '$ B SCHEDULEDAUTOS MA 8261173 i 8/1/2002 i 8/1/2003 (Perpe`s°") HIREDAUTOS - - BODILY INJURY I$ NUNUWNtU AU IOS, i +Pwaccident; ' PROPERTY DAMAGE I$ (Per accident) GARAGELIABILITY '&'7' 7, AUIUUNLY-EA AGGIUENI $ I ANYAIITO - -_ I OTHERTHAN EA ACC Is AUT e OONLY - AGG $ EXCESS LIABILITY EACHUC(:UHHENCE Is OCCUR . CLAIMSMADE V✓ AGGREGATE Is DLUUGI IBLt _ _ -1...' i $ lI( RETENTION i - I Is C WORKERS COMPENSATIONAND 7085309 8/1/2002 8/l/2003 X TOnVLUUTS OEn ' EMPLOYERS'LIABILITY - I Officers Included E.L EACH AGCIUENI Is 1,000, 000 EL.DISEASE-EAEMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ OO OOO OTHER 1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 11/21/2002 WITH ID: 2399834 The certificate holder is named as additional insured under the General Liability coverage per the attached endorsement and under the Automobile Liability per the policy form. This insurance is primary per the Attached Endorsement. CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 115XICMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE L -City of--Huntington Beach, its Agents Officers and Employees 2000 Main Street Attn: Connie Brockway AUTH ESENTJTIVE ' Huntington Beac, CA 92648 of ACORD 25-S(7/97) Coll:601198 Tpl:136191 Cert:2401 07 09 DRD CORPORATION 19BE RightFax 11/22/2002 11 : 49 PAGE 3/6 RightFax W11115 CERTIFICATE OF LIABILITY INSURANCEPage 2 of 3 1 11/22/2002 PRODUCER 877-559-6769 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11201 N. Tatum Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 Phoenix, AZ 85028 INSURERS AFFORDING COVERAGE INSURED Shea Vickers Develoment, LLC IINSURERA:American International Specialty Linea In 26883-000 c/oShea Romer 603 S. Valencia �INSUHEKW National Union Fire Insurance Co, -of Pitt 19445-000 603 Brea, CA 92823 IINSURERC:National Union Fire Insurance Co. of Pitt 19445-001 INSURER D: I INSUHLHL' DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Cross-Liability and Severability of Interest apply per the policy form. Re: Tract No. 15603 - All Operations City of Huntington Beach, its Agents, Officers and Employees are named Additional Insured. Coll:601198 Tpl:136191 Cert:2401907 RightFax 11/22/2002 11 : 49 PAGE 4/6 RightFax Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97) Coll:601198 Tpl:136191 Cert:2d01907 RightFax 11/22/2002 11 : 49 PAGE 5/6 RightFax POLICY NUMBER: 2673844 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Agents, Officers, and Employees (If no entry appears above,information required by complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. De-. _ arneE CG 20 10 11 85 Copyright, Insurance$ervices Office, Inc., 1984 RightFax 11/22/2002 11 : 49 PAGE 6/6 RightFax ENDORSEMENT# This endorsement,effective 12:01 A.M., 08/01/01 forms a pan of Policy No. 26738" Issued to: J.F. Shea Co.,Inc. By: American International Specialty Lines Insurance Company ADDITIONAL INSURED—PRIMARY INSURANCE This endorsement modifies insurance provider/under the following: COMMERCIAL LIABILITY COVERAGE FORM Section IV,Commercial General Liability Conditions,paragraph d.,Other Insurance,subparagraph a. Primary Insurance,is amended by the addition of the following: However,coverage under this policy afforded to an additional insured will apply as primary insurance where required by contract,and any other insurance issued to such additional insured shall apply as excess and noncontributory insurance. Authorized Representative 7+434(10/99) nignz ax 11/LL/LVVL 11 : %zJ emur- 1/O il.l r,IL I-I-GLIl Wl I S Fax Date/Time: =riaay, November 22, 2002 11:47:24 AN Pages: 06 To: Connie Brockway Fax: 7143741557 From: W_llis Nor,_h A;nerica, In_'. - Regional Cert Cenuer r Fax: 877-559-6770 Voice: 077-559-6769 Email: ce_­zs@ i_lis.com Subject: your Ce_rzificate Request for J.F. Shea Company, Inc. - W111is:-i,9990— THE WILLIS CERTIFICATE CENTERS WILL BE CLOSED THURSDAY AND FRIDAY, NOVEMBER 28 & 29, 2002, FOR THE THANKSGIVING HOLIDAYS. NORMAL BUSINESS HOURS WILL RESUME ON MONDAY, DECEMBER 2, 2002 . We trust this document is issued in compliance with your needs.. However, if you have any questions or wish to discuss it in any way, please do not hesitate to contact us. Thank you, Please contact sender if you do not receive the number of pages stated or have difficulty with legibility. Please be aware that this facsinule is confidential. If you are not the intended recipient,please notify us itnmediately. You should not copy it or use it for any purpose.nor disclose its contents to any other person. RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: (,Apprme_Final Tract_Map_No.l-5603 T2 Numbered/2 Lettered Lot Subdivision)] COUNCIL MEETING DATE: November 18, 2002 — ` RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS; N/A REVIEWED `.I RETURNEDF FORWARDED Administrative Staff L Assistant City Administrator Initial City Administrator Initial City Clerk PLANATION FOR RETURN OF ITEM mw s. Cher-4- V e s � SpaceOnly) RCA Author: HZ:SH:RS:kjl