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HomeMy WebLinkAboutFinal Tract 15549 - Residential Subdivision of TT 15549 - Wa Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder. Re-Recording Requested by: I IIIIII IIIIII IIIIIIIIIIII IIIIIIIII IIIIIIIIIiIiIIIIIIIIIIIIINO FEE Connie Brockway, CityClerk 2003001215987 09:13am 10/03/03 y 111 79 E01 8 City of Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 When recorded return to: Connie Brockway, City Clerk = ' %;_f i�s9J City of Huntington Beach %�.- 2000 Main Street LoT �SSc,L9 nT Huntington Beach, CA 92648 C Grant of Easement and Acceptance of Drainage Recorded on 8/22/03 as #2003001019944 This Document is being re-recorded to add a complete legal description of the Easement Area. Uu O Connie Brockway City Clerk City of Huntington Beach, California 92648 Date: This dcowneffl-1 a eoW tar Ow offle'W business of the City of Huntington Beach,as contwn- plated under Govemment Code Sec. 6103 and should be recorded ire®of charge. v -�'- ;, i Y OF HUNTINGT&d BEACH 2000 MAIN STREET CALIFORNIA 92648 September 23, 2003 Tom Daly County Clerk-Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find the Easement Deed for Acceptance of Drainage for Tract 15549, by the City of Huntington Beach to PLC/Lyon Waterfront Residential LLC 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 Easement Dee_d when recorded to this office in the enclosed self-addressed stamped envelope. Connie Brockway, CMC City Clerk Enclosures g:/fol lowup/deeds/deedletter2003.doc _I 9/22 Liz, This is a deed that was recorded without an Exhibit A and with a wrong Exhibit B. Bill Holman asked us to re-record and we sent to City Atty who told us to go ahead and re- record. But the DPW at the same time found that Bill Holman's corrected exhibits were also incorrect. So now it has been worked out. We have new exhibits. I typed the information you see on a blank page per the Recorder's request. We will now RE-record it. 1. Stamp the free of charge recording stamp on it. I have given it to Patty. 2. Make a copy to be conformed. You do this by making a copy of the original and then pencil on it ,Spy to be Conformed 3. Send the Original and the Copy to be Conformed to the Recorder with a cover letter— found under#18 on the Procedure List. 4. Make a copy of all for the deed pending file by Rebecca. FOE CITY OF HUNTINGTON BEACH Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk FROM: JENNIFER MCGRATH, City Attorney DATE: September 10, 2003 SUBJECT: PLC Grant of Easement, RLS 2003-0439 As we understand the facts, the Grant of Easement and Acceptance of Drainage granted to PLC from the City was recorded without the complete legal description attached. PLC has forwarded a corrected document with the proper legal description, and requested that it be re-recorded. We recommend that the corrected document be re-recorded without delay. Return to the City Council for further action is unnecessary. rLlee?)C�_ /`pro '03 JENNIFER MCGRATH, City Attorney /k p da/03 memo/re-record Brockway, Connie From: Brockway, Connie Sent: Tuesday, September 02,200310:22 AM To: McGrath, Jennifer Subject: plc deed William Holman, PLC returned the Grant of Easement and Acceptance.deed advising that the exhibits are incomplete and incorrect. He provided new ones. I will forward his letter and attachments. have already recorded this deed. I have not received it back from the Recorder yet. Please provide instructions by memo as to whether this must return to council or if not the procedure to use. Connie Brockway City Clerk 1 EXHIBIT "B" THE BENEFITTED PROPERTY THIS LA DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A POR ON OF SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST OF THE RANC LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MIS LLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE L S SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN 842, PAGE 28 THROUGH 44, INCLUSIVE, OF MAPS, RECORDS OF THE COUNTY O RANGE. EXCEPTING THEREFROM ALL OF TS "AA"AND`BB" OF SAID MAP. �0010OAF —7o Vq e grip lk gm" �17 'TRACT No. 15549 71.ea A6E5 amss M:M4 ACRES 1ET 'A LOTS LE1 APID LOTS AAIL OF TWA KA��1-5642 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE T SLRRE7t FEMARr 20D2 DWALD ROY CAM, L.S.7W FUSC(E QCIFaRlIC,INC. FEMVART 2002 (FOR CONDOMINIUM PURPOSES) a0 yQ�06� ALL lflflatm Acros RIORS ro SWrlSE LR11£ I I m!F11e 2.ABER AM MOT MEMO Alp R+11AWf9ED ro TrE STAWm"CX MAW' CIrY 6 HNTIACT W MAW DWT A7 LWArIW PFR TIES IBM OWVq APPIOYFD Bi TIE RAM'1/C mA1T53ffN. i I RE W 6 120 AW TR AIeP•13'!2.2 SLNWE DARE nw.73 i S112 If 1/41=71011 1. A®'13'J2•. - 164.76'iR+LU yJ 3D.w' ILL ffT WIAE AID 30.07' 1 -N 1 ?Q.36 .. .. m.a1', I WIL ST 9'lAE MO ALL KHIa1M A W R100 TV S MISE .ASFrt PEa 1angR 8U�DRVE lD.2e2 Ac.) I 6tlAAO/T 1n1Ts. ror MEW TIE CITY T1ANr FCIR/�Aaf.DZUT AT ��6/OlFS Of3�gD°•A3 LFI)IGtFD�r3'!2•. L=TIDG AFFMO ITT nC PLAAFiM COMMON. �AJ� s IQ6'10•t�(RL Lore >a Ni6'i7'M (R '1 3..6A•liAA 13.IN L•ie[6S 0.3a AL. 2' F• a4pL�ipO yl _ LOT7 gggI I I /212'AE'S0. 161.53 � pl a I H.m c LOTL 1 sw ' ®uSD. elij. I a q LOTC c _ — Orb -i I- LOTS a rA10'15'Ji'I eU.q' 23.140 SO.R. 41.30 0.531 AC. JJ' Q m I I LOTO rm•u'sD•r 1n.m ` LOi A/ '� I F2AT•Ar'3D•. n1.m' H{ � 15.'l9h.lH1 m j� �O (e��o _ ue• LOr 10 251"S0.R. 0.=Z AC. W o W I Iw I C C'l2a _ y 8 g i7 Ae2'12'S07 15..48' Z. 'e°q: LOT N •l73 r2 L17 C /1.4 ¢f•,4 E °D.c1e W•42'SD•2 es.u' L0711 y,�•�` u1E LW TAME DT r CLRW TABLE LI LIR1E 0L1.TA RMflb LFA41R L2 Cf u A LA A 1. gE S M 11 FOR EAFWNr ItFMTrCN u a LIT 0 2. SE 5147 J FOR SIFLT It=ea#VARr RRWY.CPS 02MM LT A 'AF• DATA.DAILY M STAM .RaN 0•WAR116.WUAN 1D r 1ES. L3 'A a WI EASEr W113 No lOrEs Le LID V' C2 LIT CID WDOW 2.50' .W' Lf2 CH e9'a' .2 LIJ cif 23'A)' .22• L11 ciJI - 2' 03 CTI 1 W •1]• 1 L16 C131 50' '1J• 21. ' f3.W' LIT Aft y' cf) LIe cn LIp CIO L20 IV V + I"In R pm- V ym,, LX Ln I 1- DEC 2 7 7007 1 e AC GRAPHIC SCALE SHEET OF 17 TRACT No. 15549 mw 12.046 AOES 9M 22.3W ACin WT 21 NAMED LOTS AID LEM ED LOTS 'A'TMMLM W AED'M•ANT W ALL Or TEMATIYE TRACT 9AP 15549 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE O.9.R1E7. FEWAM 2002 OMALD ROY aim, L.S.7W FMSRE EMIEEERIN:,M. (FOR CONDOMINIUM PURPOSES) ME p•974 ME MEL73 I11,p0, I I LOT N c A tb. I 'sfe� f®•if'30.9 ss.1s' �: I� I " o A6" � 9 � I I �I 'p w NO In LOTn 01 k •'q f7.w W.IT. p 0.013 AD. X jl I� 8 0 e � � I I a rDe•10.s0t� � �;�. ° e� I I I LOTH �4 o e `■p� = �." I LOTt LarAA LI ut.0 SO.FT. I L A t.mt AD. A• I 70 I I I g I " u f u.m• a.a• 21'ACRE y Rams w � z HlirN wgc `og5 air OL7 I ,AVM,p0}� •p' t��� � . uA I I w,o c.,O er�"L•ra'�AgF�o-cL.� I 1 ��°'•' "Ltvy�Ot '°9a� I I 'JJifj : �a I J I Litt IAi Dr `\ ` L1D LI AP3.32.261E 10. • Lf f63'49'OPD 2.23' •�• I LT NN'7' 'D ma' u M.2r 0 N Ql .D f.99' OJiK 4.`1TA RA0116 LEACIR I R I LF Cf LD A99'0•JI'I f•0' SEE T9 1 U fOD'1' 7 1 N• Ltd fC'1' '3t7 1.31' C/ -jFAy1�1��. LII WW' 17.12' 1. SS 9EET 12 FOP FASEWNr INOOLITRN Lt 'D A f7 LN Nil' '19t 1..9T' 0 A' 2. 4I SJL7 3 FOE 9EE71AUX,AM&M 9RIEY.CPS al'ML L13 /QI' 'MT f 1' DATA.DA1W SIAMOff.M51S 06"IAC5.1DA1ENT A02S, L I9 1• WDENT MMM MD"DIES I L,7 L, 15 .OB' NY L19 'D .07' 1. ID, I 1 NI' Ip' GRAPHIC SCALEI -%M° W'7 TRACT No. 15549 r Ya.EM6 AM 9= 27 NA ACRE/ET 21 IDiUM 7' AfA LErIEW L075 •A'T//aAA7l•Z•A1D•M•AAO•Ba' ALL Cr TENrarfYE nW7 Me 15540 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE 6 MrY- FEWbW 2Ma 00PAL0 ROY CLORY, L.S.7W FUZW EACIAMDS.DC. (FOR CONDOA41NIUM PURPOSES) n0O'M'21•E +ea,9' v µ� ce mS a m � S 8 LOT4 _ n.eft Ac. A 8e 3 C v p V�" 0 9� Lora a R 1RIVATE AEMTICN AWA ie It..97 S0.FT. 0.40 AC. ! g G �' roo•u'al•E fes.v - ¢ ..e� Lori c a..ro• Rro'w'al•E 21t.]J' ty fd 1 44 9� L LOT b e �Q s.W so.tr. ------ / 0 _ O.eli A0. � C LOTTO M.740 S0.Fr. 0.7W AC. Am'N'TI'E lw'23 c a•m c LOT J „. Cprp 1a e LOTB 8 8 s..mT SO.FT. & L TABLE 0.e12 AC. LIIE �IAfAC OiSTMtI Lt u LOT 9 u f• a w r u •. CLWM TARE q L6 L7 �LI MO'N'al•E lw-m' qt°{ LQTA 1 T21 LFNCM WW .a°• c LOTK A°uw'r•E fas.u' � V a n LoT ! O LOT? a v.e@ W. 0.M AC. l9 f� f. SEE 57a7 a FOP EA0IXl f*MWna J. SEE 9 S 7n 572ET[A=.°atom'emir. C f PS CWO MTA.MT STATE7F1Y7.d 15 T "IACS.LVAAEM WM.EAaio.•T r070 APO 7nrrs LOT 19 �$ 111{{YII I q, � tacw•rt LOTO Q c KO•w'21•E tee.la' LOTD 'j N1e•ai'Y•I R GRAPHIC SCALE LOTS WF&EET4 t 1 I 9,EE77 Or 7 77RACT No. 15549 22."0 AGES OM TI.JBA AGES WT 21 NAEM LOTS AID LETTM LOTS •A•TfROIPJI Y'AA9•M•NO•®• ALL 0'TENTATIW VMcT'w I°..SAE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA 017E Cr WhEY: FLTRUARr 2002 D2MD ROY aM, L.S.7848 nww EMPEMIAC.Mc. FEMARY 2002 (FOR CONDOMINIUM PURPOSES) BW MEET B LOT C IAp'IJ'JE7 of<.Q' f�•- afE.M' tj 9 R LOT20 a` .a.LS�rn v w LOT 19 rq� •'B w 47.8N 59.FT. 4 R 1.405 AC. LOT 19 u,WB M.Fr. loss Ac. e• O 9 10 c o a� � l 0 p.4 It .$. Y LOT iB c ,$ LOT 1f 9 c P' p �4 r LOT m 2J.490 SO.FT. OB a o.Ju AC. d d a'q'Y 'j WB'fO'70•E(RL 4>n., Qk 'I.FAj4'J7 e, C w.p� LOT 13 r LOT12 c fBa.�iAB�Ac.. R COW TABLE o¢TA wim m LAZE TABLE •�/ 4� AY•r "�} et Q Ll LDE BENINB I OIST `t; �� `� rJ La fiTTIB'11 mum L4 t . `t om r,� "vs m Ls •N' I O7 Y ��4o- •. a. rp� Iy� n '1 ' L6 \ �T �'� \ / a I •� W LT ,w. TR 16636 q 'q. W �y CIO U T' f1 ` ¢'�3 C am• ' � C11 'sib q. a, •b.az cfa Wwl11 00 LIZ M7'17'0T'R 1 PJ' •�%'p4 S�O'��Cq�,,}.� CIJ LIA MB'PI'SB•E 25,60 NOTE4 L's MJ'te'JE .JB• i LIB ILE'N' IS.II' 1. !S BEET II FUR FAffAE)VT 7If0iNrlM 6/ G• lL L17 IN. .S' a. SEE BEET J FM UaT IILFX.OMr"W SIRWY. LIB r¢S' '?0 i9.W' CPS CWW DATA.CATW STATWX.WIS OFBMM. LIP 1ENAExr Avrs.u-nm Mrs AM MI6 -10• DEC 27 7007 P47 GRAPHIC SCALE J I I 2ET 9 M tR7 7RACT No. 15549 2.2 W ACWS OA 22.394 AO'8S AET 21 NIBMM L LOTS AID LETTFNID LOTS ALL Or TETRATf1E TRACT AW IM49 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE or SLR6EC EEawARr 2002 MALD ROr OARY. L.S.7840 rLGtw acit itc,fAC. FMAARr 2002 (FOR CONDOMINIUM PURPOSES) EEE&91-77 LOT 12 LOTH o. a rG e$ ,A4c�.o Ile e +.gp+d.,Eg �J 9 LOTH 2/.29I M.R. b 0.537 AC. et LOT 19 'rtr. •bs� J d / C F!p A C 4 / � LOT Ul �PIL43S1gL •.$ _Y/�.J'( / V 23.49E 59.R. • ,v1e O.=AC. •Y l 4r� • 4 eq`4°@� � T a' a C , w � A � Q a w• / LOTS 4. 24.M� O.5 SO.9.sse AC. U ql• '� �• 'b�• ,i6 F / LOT i �• \-�((//� �rS�' / TR 15535 LOT1B / g / LOT Y \V ct • Al •�4ai tit e�p A:b / R� i ( I CURVE TABLE LIE TABLE pp L1AhF Q1TA RA0116I LEKTR I WE I 8A4fAC I O15TAIAf I. SFE 9EET 15 FOR EASQENT lAfiRNTIQ4 1 C LI 1 40• C2 L2 2. SFE Stu 3 rw S1EET IN=.WIA w SW1ET. C3 (J CPS L97RM DATA,DATW STATED?.84SIS OF I (' C, I L{ 9FM1AC5,IOM/FllT HIf6.FA41UlT 1016 ND WT93 CS LS GRAPHIC SCALE LC 27M 2 177RACT No. 15549 2.2 6+6 AGIn GM 23.3W AOES IET *A LOTS D A'ANDD LOTS •N1 Or TEWATIVE 7 ACTMp IiIM49 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE Cr MRWY..• FEBTUARr 20OZ DaWX ROY QNM. L.S.7M TI/5 w FNCTIEFRLR6.R.c. F OM(FOR COND NIUM PURPOSES) /S b LOT 2 a >o a LOT 2 b• •i > al TR 16536 / \/ a PI 6 LOT tT �P fs / LI+ LOTH \ o.u1 AC. 27.927 SO.FT �y /BEEDETAL3 4/ LOT3 ///J�\•�.89.OW �.F• a. °.per. a 10T Y ' 8"�' A•p p�k TR 15536 / LIETASLE / \ 5 L. Le O -Ikt•tz L13 N W'40T A 9• i �gy Lis •, > rb. LOT '1 � LIe �. 13.09 so.FT. 9 07 '�• .b 0.300 AC. LIB '+• L20 L21 LOT4 LZT LOT LZB d LOT 10 C 15,00* R uI .8' 23.. l So.FT. LJ? O.W AC. LOT A IWA mrviv sn�'�r. ! amc C7 MTTA TABLE kfr. V A 0.449 AC. C /O; .�a r D Q r LOT I cs ' a w.. - .w' Mo.u'2'T 10.06' G7 '���• ° a + d r = CIO w01 Of d � ci Lor1s q LOT a Aa ! = r+ 'O' ^�+ Lori f C C16la : : : P G� SEE&13-7 8 Sff S1 EE7 B LOTS 12 + LOT W jV GRAPHIC SCALE LOT Y1 LOT X ACMM MI C ra.so' n. LOTV n.so• re. aw^ �'�'�'. • 8�3Y.0p'(rare W 31 J„ An2 w e �.w.s,•2 � 8 8�3+.rp•(aw! re.oe' awl R rR� �s a$ PIN Ifs = ! LOT 2+.69• LOT Y d6?� a� aI� e mow- rWWm r 313•eT'(AW) �y.0 `p/ NY•LB'207 1. YE SfM 10 FM E44AOR IWDWTIOY W!4 +s.M'(IWr) 2. SIX 9EET 3 FM 9a7 8 OZIR.DWOWI 9211EY.VS CMVM INTA.61IW STAT". ea7S cr SWOL9.IOAAET'le tew EAY]Q.'T PACFIC YEW AVEME � 3 M70 AW WTO DETAL 9 3EE&M WET I 5WU70OF177RACT No. 15549 22.BI6 AaU 0= 22.JB1 ApE.41ET "A MA O"LOTS AAD LEf7OifD LOTS .A.TiR01L11 Z.A70.M.AM.BS. ALL OF IUOATIIE TACT IIAP 15518 IN THE CITY OF HINTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA WE OF SLR6EI• FESKMW 2= 0°WL°ROY ELRRT, L.S.7818 FLW E ETCATEERRINC,AC. FEBRu1Rr 2002 (FOR CONDOMINIUM PURPOSES) 8ff��tT9 LOT 7 / TR 73045 elo / 8 ro� \�. a �• \•7i Po3y. 3 0 N'ACQ:0 M116 tl Q0 LOT 1 / 91 25.235 SO.FT. 0.57E AC. LOT 2 TR 75636 / Ls 1 LOTF z..W 1 ' �A V Y LOT2 5 �9• { x 25,731 SO.FT. (g .o �s• � a LBETABLP A KG'N'Pf'E 1Ba.y' B 41 LO• uAf PASrnc °mw3f LOT O © z1.W lL2 1B.m ' 1 y Mp'N'PI'E IBA.2T' ' L4 2.9 A LI 'f 151! / S LS f' 1B.W IR MOD .34 LB 15.W � Lo MOD P Lf0 0 M / LIJ 1 p L 2 ]J.1P LfP IOS'17'WY 20.50 m Li7 0.W Lf1 1LU• 10.50 L15 'f J.iB _ ue ese• '2B•B a.n L0T21 LOTS 8 Ln I,.W i - J5'm S0.FT. 8 y L,B {,.97 0.812 AC. - 6( CL#W rAEL.E 1 CAW A IBM Lf7ClN CI 5f.BT' BXI Q `11 F` 1 1 d 1 W 1 O CT Llo CB W 1' AW'N'21'E IB6.u' C10 11 0.5 W C11 LOTH °f7 wo'w'PI'E IBa.21' C12 SMSH�79 .� LOT4 a 1. gE 9EE7 11 n R E110M I�TIOV - P. SEE 9 J FOR 9FST 1I .B.MwT Wft7.WS CWMM.DATA.01TW SrAMENT.BA51S OE rEAR1A65, 1'-M' 8L����B 1WAP7TI IY16,EAMM WM AIO hvw GRAPHICS LE SIEEf 71 17 'TRACT No. 15549 L'.646 AMES CROZ rr.Ja1 AM NET *A N�LOTS AND LEl NO LOTS .A.��.P.AND.M•AND.®. ALL CE TENTATIVE TRACT NAP IJlID IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE IF SLRVEY: EEfiRILARY PDDP DD'LYD ROY D.RRY. L.S.Tale FLWX ENCIIEER11C,INC. (FOR CONDOMINIUM PURPOSES) E4SEMWr DATA&F SEE SECT I FOR LOT LINE DATA { ---------------- DAW I I —— .ro1p54• RNMEDRNE — I A NI•��. •�.� I I �JJCPIC lel I A CN ¢ N'w--a'D.ie.lal LOTS Cf I I 15' ?® I I I I Lan rl � I I -----Nm_as'w•9 �_is0_7e—�---- �bl I Li I c LOTL LD A LY Ll Rm Iz w. iw.a �. ---- J I I In^ v C LOTC YYYY L le LOT 8 > /r------------.` I L17 I I �dl I D I 2 I 1 I LID /E9'13'w7 18J.IJ' LOTH I f �HI iy t.27 , / f I�. c"'��(�,,, re9vP'w•9 In.6DT______ I I I µ� / No3 n'm•r a I F�9 s�? LOT V I II �x I � �---NN99/P60.9-- —lx S�� $ --- LOIN I I ,� 1 D / LOTO I I nlz+Z 2¢f IR) L \F� SEE&EET}2 OLfM TAME LIE TA&H aR1E I DELTA RADILC L[XRN LINE f DIST Ct 1' U •.• O MAIMS AN EASIDpR FUR=0 MAIN FIAS�DES.17 FEET IN WIDTH DEDICATED TO TIE CITY ff CP LI MNTImm BEACH HEREON CA LS CI 'I' LB O LOOIES AN EMdENT IF AL[ffi,MAIM IMEE ARC M'WATIMN W TIE SIWI MAIN.15 FEET 1N 91DTN. fb L1 DEDICATED TO THE CITY OF NRTIAORN 9EAM/1EREL•N. ,W. ' ©DENOM AN EAS7ENT FOR allC M.'Y ACCESS.PALIC SERVICE AENIMLAR/NDW NC LORM AND LD '1 NAINTA1NIAC.SERYIC/AC.MENN1AG,RERAIRINC AND REPLACING THE WATER SYSTd NC LOT®.MDfCATED I L W 1D THE CITY 5 N9RINGRR EAMI HEREIN.IBIANTT OVER 1015'B•liRM91 V.INJ.l6fAE.TOCEDER C1P LII efTN A RRTI(N 0'LOT 11). C11 L I] O RlOIES A g8lt 1/TlLliT EA4lk7/T DEDICATED7o TIE CITY 6 RM7NCRN ff_AMI lE]ETN. / '1' LII 'I' ' QE E/CM A PL&IC EATER LRE EA•RDEN'Y.DEDICATED TO THE CITY W MNNTIN4TLN EAT/R MOV. B LI! Cl? XIMIE LIB O E/CIES AN EASFIENT FOR FrORW MAIN R.PO.R'S,iB FEET IN WIDTH.DEDICATED TV THE CITY OF Ci L17 HKINGIW BEACH HEROIN. LIB LID LID 1. SEE SNEET a FIR SECT INDEX.BCIILART SRWY, LEI NI PS LLNTAX MATA.OATW STATDOO.BASIS OF { Ln NM'/r'91'D I. ' ENMNS."AAENI Num,1:42"r mm ND N91E5 LP! INN.E. 7 LI6 •" V.13, Rs cneDcpY V I�SR9' LSD 1 ut 1 r . DEC 2 7 GRAPHIC SCALE Div I . 21N 12EDT7 'TRACT No. 15549 22.U6 AGES MORE OTS 22.]9{AGES IET 'A M10"LOTS AID lEi1EW 9' .A.TIlCIAiI z.AAD.M.AW.®. ALL OF TENTATIVE TRACT MP IW49 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF ARVEY. FMWARY ZOW O(NALD ROY aW, L.S.7BIB F=W OCItMI t, [MC. (FOR CONDF OMIYNIUM PURPOSES) EASEMENT DATA 843-7 SEE StEXT 5/1R LOT LIIE WA sff&EETn / L7 \ FL_______________________ I I I a� ABe LOIN c a 4 176.00 C9 '.7'S07 87.15• / �LIO ]j yjf :$ LIE I 9r 9 I I I / L D t).� �J I I \a\*x F I I / vA Lit C� I / � I ' Lorn I L'] I / Zw / I rs r. Ll7 I ' I SEE DETAIL 4 R Lout q r I LOTAA I o I I I I I I � I g i LPG TABLE - LLI IAC O1SI \ qB� •.C` I u Is u LB L7 toEASELOVTNDTE4 La 10.00, CURVE TABLE (D ROTES M EASOI FW STOiI MIN MUSES,17 FEET IN IIVW.DEDICATED TV TFE CITY OF LIO QRK DELTA ROILS llO MMIACIW EAOI IETEOI. Lit B 02 101*321VE 14m, CI O MOTES AN EARWIT ff O W AL¢SS.LUINTOWCE A MTIOIT OFTW STOW RUIN.15 FEET IN Flow. LI] DEDIGIED 10 TW CITY 6 IIAITIOTW BAM IpEW. L 7{ ROTES EAgE�N FW ETERTOCY AQSSS.PULIC M?VICl YENIQIAR f DWM AND ECIEW AO L 15 M 1 © AEI WIMAINIO.SMVICIAD.QE OC,WAIRiO NO RffiACIAC TEE MTER slim.YD LOT B3.OFDIGIFD LIB fN' 'I f'I IO.W O IO 11E CITY S#wrzwm BEAQI IOEW.(DO N LOTS•B•IN✓a.0i V•,l/A2ASIIE.IORTFETI L17 f'!I• II.BB' B If Of A IORIW OF LOT 11). LIB 5.12, LIB CB OD MOTES A RILIC UTILITY E49300 DEDIIATED TO TEE CITY OF WCIWM BG101 NDEON. L217 'I]'1' IS.W' L�O O OEWM A FLOLIC IATEp LIRE EASFAFNT.RDIGTm TD TIE CITY 6 NRTDLTW E.101 IE/EOI. L '/' CI I MOTES M EASELOO MSIM MIN I VO43 U LD, FEET IN WOW. Ip TO IED TIE CITYlaET 1' - O NNIIACTW ffA01 HOE01. L7] II 1•.10' 1 B 1' 1. SEE 9EET]FTR BEET INM(,SXMW SN1EY. GRAPHIC SCALE SPS R/ORO.DATA.01TW STATELEM.BASIS O' BEWIA S,LWEENT AOIE9,EAMEXT WTES AID DIES Amok �"5 O 77 'TRACT No. 15549 12.ua AGES GROSS 22.SB4 AGES NET 'A NhROLIGD LOTS D A*AND LOTS .A.��.2.AM.M.NO.®. ALL OF TENTATIVE 7NACT 94P 15542 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE Or RURLr PEl)?ART 2OD2 W&U ROY CURRY, L.S.7W FUSLR MIMING.INC. (FOR CONDf OMIYNIUM PURPOSES) ME SHEET 11 EASBENr DATA MEE LOT B 'LOTL iL LOTS SEESCET a FTR LOT LINE DATA L9ETAB(E LAE7ABLE a�w ure I awerrc I o1s7� LINE I avrin: IDrsnv¢ Lf w1 1 _ LOT D w I.S7 _ Ls I LSA 1' _ w Lv •I Nfe tb j, fall•PI•E ' �' / 11 Le '1 we LI •u 1• 07 1 u L E� / LA LSY •M' .v IJ� I wl I LLail?L. u o 1 La •u• tl I LII :u' 3,75, L41 •1 ti gg 9JI wl LOT 10 L14 'u' LM LIS mOolW21r 1 211 Lu Y EI C I Lid Lb LOT7 Of f1 I I L47 V1�1 Lla L47 �I LiY LIa 31 gl L� l20 15O LET wl LPP L52 •7' 4 L23 Nw*I5,jq*l Ni W. LWL24 L54 •t' G LIt\� LIS L55 ____KO_u'PI•E fa0.49' __A_1� -i f LR Lm I Lai wE c LOTK I Lm LID • - ------ - ----------- i 1 CLRW TABLE AW N•PI•E IaO.N'__�}�� I ffim amr m.7A wim LDWM 2 L14�I1 I A, "pl cr SI I •4$� a r• , Q I I I LOT 1D $ tl I I a• tl 'm• P.m' 2O.W* 11.0, Is.m, L/a \ g LOTS LOTH I 17' L17 LarBB 11 Al qi LOT12 I^ DETAL 4LIS Igg 1 U-7 40. SEE--WAV IP x__11[O•«•71'E IA7.la• , t ``_ p ` I� `B\ >c I Lori c I ! a` Z �4.mp 1/D.b- 9 LM LSa� s I�L46 r1 s9l �i i19�-0 LOT20 I I / - LOT5 1� JJ/L/II / / LI LN I IL45 rr C m L45 �i I D r w / I 1mw'PI'E 17P.m• I� �1 T"-Lv yob M c LOTI / eAnrTrp LS - ---- ---- - LED NOON 71 E im.48---�T I L-7A / / OA LFWILS.D THE CI FOR KW WION/1 XX H 17 FEET 7N IllirN. 1 ?• / / ODIGIm 70 71E CITY ff f1/1TINCTON(Ei101 NEON. L76 I C I LOTA �./ / QB mores AN EET IN Y I ACTEVI W TV M AID LfER,1i1OI ff THE GSTORII N / WIN,15 FEET(n IfOM,®TaTm Ill ilE CITY ff NMIICIOI BFAOI NEIEOI. MOTES AN EA41EA'7 FOR O EAmLY AOMS.NB.IC SERVICE M4[a AR rNOE.4 AN)EDE4 Aro dIMA1NIIC,Se WIC1IC,QEANIW.REPAIR/IC 1 NO m IIC VIE HATER STSTEN ANO wI®,ll[DfCAim TV THE CITY ff NMTIACILN W"NXOT.(NANET DIER Z T imam V. IIO.mIIE.TOGETHER WITH A POITIm OF LOT 11). I W� c /.. O MOTES A FIXIC UTILM ME ENT ODICATED m NE CITY OFNRTIICIVI AI = I I• a r / [EAOI NErEOT. L29 LOT 4 I i �}�/ i O TIAflf EA PESUC I mim�Life DMENT.O CATED TV VIE CITY OF HORS AN EAOEENT FOR SIOAI WIN FJVS S.15 FEET IN WIDTH. ODIDAIED TO IFE CITY ff NNTIw7m WAO1 mm. w, I o /' S J � N 7f pWl `E' S'I 1` 8g11 t. CO SHIFT]Ew SIErr INDEXATUA .841 r'&Rltr, ffS CONTROL M DATA, Al2 .E49M NOSES ff EARINS.IKNaEN/IOTEs,CA41Of1 NOTES AND 1DTE5 Q� Am•N'PI'E faO.1a' /� � �`• 1 2 4 SEE Mg-Tfl GRAPHIC SCALE 4 OF 21MAGM177RACT No. 15549 21.6A6 ACRES GRMS 72:W4 ACES AET 11 f{IEE7f.D Lon AID A4*M1ED Lon •A'7V/CIQI Y•AID'M•MD•®• ALL wTIMATIvr TRAcr imp T55l6 IN THE CITY OF HUNTINGTON BEACH, COUVTY OF ORANGE, STATE OF CALIFORNIA DATE DA SIMVETY FEAMRr 2002 DWALD ROY aW, L.S.7W FLOW ENCIIEERINC,INC. F'E96NRY 2002 (FOR CONDOMINIUM PURPOSES) EASEURJT DATA BI @EET ME BEET 7 FOR LOT LINE DATA BEE MEET 6 LLN LOT C L26 LT6 , Lr-----, ----- --------------- N66'f7',>a1 fBfi'15'36'I fOB.I]' d Nefi'IS'.76'I m.A 2'^ LT7 LOT 20 / 3 / ,^t• / LM / C21 LA / / c /•S Lin �•^I r-- i/ 16 SA& LIS ; LI6 LOT19 /� LOT 19 / Lu / D / /� �II w, LM All s i T w / L2rE TABLE / ,,4 / / LINE SARInc I DWARE / c �• + i p/ / u Loris ( e,l S La Li / L. c / AAe LOTH e Q , Lei Lm Y, v ; LID L57 `:per.• / `�' , LII T4.011 �" u� LOT 9 /9 q� ` �'>_ i L15 LIS L522 LI7 I.III, LIS 1,11412"Wif am, Lfi LM / LIS 10,00, D 0 D1 rJ LIS L9 in Imm, / /•'P l �// / LB LOTH /� ; �`' LW71 C LOT 12 LM/ ,• L1AE EwrA� DWAKE L LM Lif / c35v 16.41* \ , cx CUIVE TABLE \\ L F LiR1r TA R40 LDCM \ L11 '1 CI 'm• 12.30• 12M, Lb 7' G '10• a30' 1471' LU cSS 11'Oe'M' Tl. .17' �EHT�1'EBI LM DO 91' .50' 1.27' LQ C7 20, O WRITES AN EAMM FOR SIM RAIN RA POSES.77 FWT IN SIOM,LEDLGTED M FIE CITY ff Lie m 'afi' fi.m' RAITDCIW SARI HUM. LAS OSMTES AN EASDEENT W AC=,AAINTFNADE AND WERATIM Or BE SPRY RAIN.15 FEET IN WIDTH, LN Mg*lQ'42E 15,67, ®IG1ED M TIE CITY ff KNFIW M BEACH ME EW. LQ t• ©DENIMS AN WDENf FOR E1t]>ml.T Al=.R [C WIVICE HNILIIAR MIME AND EGRESS AND LSO WIMAINN6.SFAYICNC,LLEANfAC,IEPAIRIM APO RPLACIPC TIE WATER SISIEN AND LOT M.®1GTED L71 M TIE CIT'0 NMf1PCIW DEADN IEIEAF.(MAEET 01ER LOTS•6•DR7SN•O'.INMLSI1r,TOVNER W E11N A PORTION OF LOT IIJ. W M O W149,0•W MOMA R9.fC URLfA G41pO DEDICATEDM1)E CITY ff NNTIMITN EAOI IE7EOl. LIS QE WRITES A P AM-M WATER LINE E4MENT,CmIGTED M THE CM O'IAAF IL EAOI FDEAL. PL.2 O DENOTES AN EkME7O Fm SIRY RAIN RFM,13 FE1T IN WIDTH,®IGTED TO TE CITY'ffRMIN.ON LEAOI NOEW.I .a0/ 2 ! GRAPHIC SCALE 1. SEE WET 3 FOR M7 IBEX,60ADARY BR,LY,(PS CWTOX DATA.DAM STAMIENT. BASIS W SARIMS.AAAIENT MTES.CA2109 N IES AND NOTES Amok SWE7i9CF177RACT No. 15549 lqw JI.616 AOES IJ+OSS T2:JW Aa ES FE'T 11 NAEM LOTS AAD LEiTM LOTS BALL OF MOATI c Wa1ss 7D IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE a'51.RFET:• F0RWRY 2O02 URIALO ROY CLOW, L.S.7W FMCCEE ENCRMIM.0C. FaWWRY 70a7 (FOR CONDOMINIUM PURPOSES) EAaswslT DATA&43-7 3E M7 a Fat LOT LIK DATA / Larr Lame , JH9,�go• c LOT fe i S / Larm LOT LOT Y ` LOT a J l _ a C ' LOT LOT M €A (TflOTEs O WOM AN EA©fNT FW STM(RAIN RWWO,17 FEET IN NIOTH,OEOrG470 M TIE Clrr OF LIE TABLE KNflKrlllWAWIVEW. BEE&91-7 9 Llw I eGARtK I0f9TNAI O LOOIEC AN IA--I Alll-.W IMOWAi A•O I7[NATM a TIE 911M"IM.IS FEET IN 11 M, Lf '4' 1 avIDATEO ro TIE CITY ff HNr]WM W"HXW. LINX110,5m 1. ' ©CWM AN U230T FER 09RM LY AC=.F181c 9Ni¢tEHlaLm?fACRW AK IDEA AK LJ WIMAfNlK.4R1'fCIK.aFAIItK.gPAfR1K NO FER.ICIK M WTEN SSIEN AK LOT M.fFDfG1E0 LI y' y M TIE CrrY ff NNTTNCM ffi NTEO•f•WHET OMT y y LM 'ARUM ',1ACUSRE.MWDO LS 11,16, IIM A mum ff LOT W. - Le 3,73, O WVW A FULIC V ILf7Y EASflON 00IM70 M 11E CITY W NN11K ffA WtM. LT Le O DUVW A FLELIC WIEA LPE USE".a9IGIE0 TO RE CrFY a'IEW[16IW ffAW 10M. L9 LIO NJe'IO' s.a2, O COMM AN EAMCff FER 5TW WfN R.POSE9, IS FEET IN NZDM.ROIGTO W 7W CITY fF - LII 16349'aTy 10. NA/fIKIW ffAW 1OE41. VV LI7 Nfe•10' S. ' !•.A' LIJ N91'IO' LI/ '49 y If.7J 1 IC L IS NSS*1D'OJ•N e.f• 1. 21 S)EE7 J FW&M INDf.WMWY R RWY.WS LI7 10' CWTRM DATA.DA!W STAIEEENT,915f9 a ffWlK.IWAOfI GRAPHIC SCALE Lfe •a•my J.n' E191 WO AND KR9 SH27 76 OF 7 'TRACT No. 15549 22.US AGES GROSS 22.Sa4 AMU IET 21 LOTS"LE7T.71ED L07S AiL W�A iVE 7RAC W 155 a IN THE CITY OF hR1NTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA 04TE 0`S.R1E7.• F'UWWRY 2OD2 DaVU Nor CLW, L.S.7M F1SUE EMPEM11 C,IAC. (FOR CONDOMINIUM PURPOSES) EAMENr DATA SHEEr SM Sa7 a FAR LOT LIIE 61TA 7 \ / ? LOT2 y� q y�131 I L36 wy CD LOTO r—————- LI .� I / I O I LM TABLE I I uNE EW1w D1srN¢ R\ LI AFil•N10•1 \ LOT21 2.7YP.--� I u +WfirE 4 u . N RI Ll Le µ� LB �i rl LOT3 E1J C7 Le r Lv �pll' I I LIO : : 21.04, LI? AWarger S.Ml I I LIP 07'W'W*E I0. (JI L15 N37•SB' 9 1 i1 L17 AW' ,% s1 LIB MJO' '34'R 1. • L17 HSp' '% IO.m' L14 Lm Nm• 4.7• LIS PQr L13 L— L20 Wf'N'S]• I0.00' 'S + 117 L----- LIT Awls 1. ' y E � Ia Feo•u• 10.0 �Ti C L2! LOTH •N'f' 4.50' �!� .�•� L� L2. AIIG•13' •B r0.W, . c•. QT �' ;7 L23 NOOw•f• 450, / LII :. — \iV� J _` , r•----- L% IAtl•'s• •B 3.11, L% u 't / w 2� 49 .a// i o :I / wY 17 LJI •N• I LM Lt0 I ` Q L7� i I LT) 11'm•I 1 `.\ A / La / I Lae Aw'1 W MOD, �J'O ��s• @ai i I L40 AM•10' % 15. 50, Le ��/ A I L4I 'IQ' 5. ' LOT 4 L42 Nu'.'m•v m m' i I I Loa Alm•1• r L4e 'N'P B 1' L47 10.41'A�'I5• •B LN Mm•u'1' 3.75' D y� /@� nl I La MB',5'30.1 I m' -I I L3 LSO AAC'N'1• 3.75, LOT16 L51 AM I'30./ 1' / n HI \\ `\'y. �/ O� ?•1�y LOTH LN LI LBI 7• ' ri L55 \` L43 C LOT) A .�y \�`\\ �Op9`3. /w 4l L4e i----- CVWTABLE CtRvr AM TA wils LcTN .\ , , LOT15 �. L,7 �� r i LorS N. L) I / LOT 20 I I D+o SEE 84ET6 SEESLEEri9 EASEMENTNOTM OEFCIES AN EAwa f FOR STABI ANIN FIIAO.ES.17 FECr IN now,mrwm m nE CITY E IMTIw BEAM 11MO R. OMOM AN EAMM O6 AL(M.WIMMWtE ND AERMIAI E FIE STABI WAIN,15 FM IN BIDTN, MIDITm TO TIE CITY 6 HHTIACM EAW M31M. ©OUCTE5 AN FAMM F07 EI11I ACES.FULIC SERVICE W)41 CAR IACM AID EMIES AAD WINTAINIw,SMtC(w,CLIN41W,AFPAIRIw ND REPNCIW 71E M1 SY37DI AID LOT SR.IEOICATFD m 71E CITY OF UMMO A4 EAOI WXM.(BL#lU O,ER LOTS•9•TIFLCCSI YI•,MASII£,TmET1ER 1fTN A IWIW W LOT 11). O OW70 A FUVC OrELITY LAMM LEDICATED m DE CITY E NARIACRIY WAN ADM. OE LIMES A)EB.7C IIAM?LIFE EASEIEM,®ICATED TO DE CITY Cr IAhTVC N Mal i0M. O w�AN E. .STDRY AGIN F1FR45,IS FELT.1f0TN,DIZICATED m rIE CITY OF O'f B®®' YY� � 4 DEC 2 7 �00 1 B .' DATA OA W�rTM f.•BASR IS�ffXI IC•W M wrzs,EASEMW NUT6 AID AOTES GRAPHIC SCALE 9fr"7OF17 -TRACT No. 15549 22.616 AQES W= 22.50a Atlas AE7 21 NAGM LOTS MV LE WO LOTS AALL Wa'T�wYA VE TIUC Wp 1550 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA W TE(F R#fEI.' FEH%MRY 2M2 MVU ROY CLWY, L.S.7EH6 nmw FIf ilEmitc, EAS. FEWl" 2102 (FOR CONDOMINIUM PURPOSES) EASSWENrOATA SHffr �—— gE 99ET 1a FtR LOT LIIE WTA •� di Lm a WrAL S. E F8 I ��y ��M10-tiy I rl i / ArY •y I yl. ELLLTRf^.V.EASflENT OEDfGiFD PER DOOAFIIT REM=JLY'0%.20a1 AS f167gIEll1 M.aWlOf01E�O.R. `�— ,•1/'Tee' I I �p C\ �`y/•lew�� I h•�I Lars —I� A / n B SEE'DETAL 5 I 17• Of ERL6-T gri+L�c �1 ' JI IJ 6 I +. 1 A / f' L26�u�' `rl 15 L \ \01 �I LINE I "Im IOtST.YQ / ,Q •� fi KO'N YI'E teO.N' Lf . 1 : ------c----- i L2 LOTO N.ao L4 + / / --------� Le -- -- .; ------�--- IOO•N'EI[ T IB1.1—J' L7 Le I I - LID Ie ' L1I AW'MO' 1T 12 0. I Ri L15 9.OI',7•E a.SS' I O I L,5 ero'OI',77r �l 06 L17 :, 1 Lle w• Lip I uN 16.03* u LOT 9 Tu221 a L0711 I Lu AVI'4754W Li ua 0 7. I r 07 q L2e v16,33, Li = L� I Lm of •a 1 LM I �u " im—'e-- C(#WE TABLE L1EM1'E n'1.TA RADI,S LFESM LOTH e1 7 ^ � : : r-------------------------- : : N 7 1 I LOT4 a SEE&EET iB I c7 C,�� 11 b L SEE r}9i mCIO O WOW AN WSETENT FOTR S1W,DOWN NAMM.17 FEET IN WIM,D OICA70 T6 TEE CITY 4F Cji 0*1410, NNIITSION EEA01 IEIEW. MOTES AN EASEIFNI OF AfXESS,N11WUAIM AID O4RATlOY(F TIE STOW DRAIN.15 FEET IN RIOM, CII =XATEP TO TIE CITY fF HARIN67Ol W..AOI,EEEW. ©MOTES AN E49aelT FOR 0000a AC=.fl ZC MTV=4NIaLAR IAOES AIO EUESS AID .1 INDC,S RYICIA6.M. IW.R AIRIW AM RDIACIW Ti[EATER SfSTQI AW LOT W,MVIC470 TO TIE CITY O6 HM06TO/ff.IW FDEOI.(EUHET OVER LOIS•6•THEM V.DaUSIVE.1[Q7IEA WITH A WTTIOI uF LOT f 1 f0' 1 I O MOTES A PLELM URLITT EAZWWr CEDIWIED TO TIE CITY 6 H TZWTW F MM. uAUAK O MOTES A P C EATER LIIE EASSflR,vwzrA7 D TO TIE CIR'6 HSTIACf01 F.AOI IE)EW. 1. SEE SEET 5 FIR PEET IAW,GMIOW RRVEY.OS APHIC SCALE CWIA2.DATA.WiW STATEMENT.BASIS OF"INO,MMAEIIT OODOTEY AN EASEMENT FOR ST OWN FWM.15 FEET IN 11MM.®IWTED TO DE CUT 6• WW,C423ENT N7T6'VO ACTES IWTIIL7Ol EAOI HMN. ATTACHMENT 6 ` BOND N0, B34224613 PREMIUM $2,165.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and PLC/Lyon Waterfront Residential LLC (hereinafter designated as"principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated . 19 , and identified as project Tract #15540 is hereby referred to and made a part hereof, and WHEREAS, said principal is required under the terms of said agreement to furnish a bond i for the faithful performance of said agreement. Now,therefor,we,the principal and Gulf Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called"City",the penal sum of Two Million One Hundred Sixty Five Thousand & No/100t sdollars ($ 2,165,000.00 lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves, our heirs, successors, executors and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless"City", its officers, agents and employees, as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by" City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. ppr.r-r-,, orney, 1 . The surety hereby stipulates and agrees that no charge,extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof,this instrument has been duly executed by the principal and surety above named,on December 23 2002 PLC/Lyon Waterfront Residential LL as Principal By See attached signature block By Gulf Insurance Company , as Surety By ictoria M. Campbell By Attorney-In-Fact 2 OFFICE OF THE CITY CLERK CITY:OF HUNTINGTON.BEACH. P. O. Box 190/2000 Main Street " Huntington Beach,CA 92648 (714)536-5227 (714)374-1557 FAX LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH.. DATE: (5 �-}- D 3 , TO: ATTENTION: Name fguy t Y�� v2 DEPARTMENT: Street .10 SO (- Q W too,& C" ' CA` G 2 6 60 REGARDING: �- r-VML � �-;.r, TY-c,r:� City,State,Zi 12-.. r See Attached Action Agenda Item _ 3 Date of Approval b"` Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments:, Action Agenda Page Agreement" Bonds Insurance RCA Deed Other r � CC: F���� Faces ��r Nam Department RCA Agreement Insurance Bonds Yv scl-{)15 j� G n n J'�M �/ V� Na D_vat nt RCA Agreement Insurance Bonds mEhky; s�, m � za t */1 ✓ Name Department RCA Agreement Insurance Bonds Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other g:/followup/letters/coverltrRevA.doc RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to jWbov j&xLM60) (Name) ' `�- after signing/dating I I (Date) CITY OF HUNTINGTON BEACH {� INTERDEPARTMENTAL COMMUNICATION . . . TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: C DATE: O ` — a-L, - ° 3 SUBJECT: Bond Acceptance I have received the bonds for (Company Name) Faithful Performance Bond No. B 34 2-2 46i3 Labor and Material Bond No. J8 34 22 13 Monument Bond No. _ B �l{ ZZ )+ 61 Maintenance Bond No. - i Re: Tract No. t CC No. MSC No. Approved O1 - o 3. Agenda Item No. (Council Approval Date) City Clerk Vault No. ��• C�O g:Iah/bondletter.doc ---------------------------------------------------------------------------------------------------------------------------------------------- NOTICE OF COMPLIANCE WITH CONbfflONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: I- t2'Z•0 3 FROM: PLANNING DEPARTMENT TRACT NO. PARCEL MAP NO. PARK AND RECREATION FEES PAID: V'ES $ �?J ���Y 10 ❑NO DEVELOPER: MAVE& Piu (rT p. S for: Howard Zelefsky Director of Planning G:\PLANNING\FINAL MAPS\NOTICE OF COMPLIANCE WITH CONDITIONS.doc Recorded in Official Records, County of Orange Tom Daly, Clerk-Recorder 1111►Illllillllllllillllllllllllllllllllllllilllllllllllllllll.IIIIIINO FEE WHEN RECORDED MAIL TO: 2003001019944 01:42pm 08/22103 City Clerk 214 110 E01 5 City of Huntington Beach 6.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR RECORDER'S USE j DOCUMENTARY TRANSFER TAXIS S [NO TAX DUE] V .....Computed on the consideration or value of property conveyed,OR ' .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. Si ture of Decl ant or Agent deter g tar !—Firm Name GRANT OF EASEMENT AND ACCEPTANCE OF DRAINAGE �6i FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Grantor") hereby GRANT(S)AND CONVEYS to PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company("Grantee"), an easement appurtenant over that certain real property located in the City of Huntington Beach, County of Orange, State of Califomia, described in Exhibit"A" attached hereto and_incorporated herein by this-reference"(the"Easement Area").for the purposes set forth below. _The easement herein granted is for the benefit of the Grantee's adjacent property described in Exhibit "B" attached hereto and incorporated herein by this reference (the "Benefited Property'), which Benefited Property will be developed and improved as a single family attached residential community. The'easement herein granted is for the purpose of accepting surface water runoff, sheet flow, and water discharge from various drainage pipes, culverts and other drainage improvements situated on the Benefited Property which are designed and intended to direct and discharge surface water from the Benefited Property on to the Easement Area. Grantor hereby consents to such drainage and deposit of water onto the Easement Area and agrees to accept same in perpetuity for the benefit of tie Benefited Property. Dated 14VI, ,2003 THE CITY OF HUTNTINGTON BEACH, a cipal corporation of a State of California } STATE OF CALIFORNIA } COUNTY OF ORAINGE . } Mayor j On ATTEST: • before me, p rson ly ap area zGCJ City Clerk personally known to me ���.�.Rto be the person(s)whose names(s)isubsc ed to the APPROVED AS TO FORM: within instrument andoacwledved to me that he/sh they xecuted the same in his/he authorized capacity(ies), an that by "his/h itheir signaturen the instrument the persons) or the *Artt7o�chentity on behalf of which the person(s) acted, executed ther \'�ib3instrument. 6� WITNESS my hand and official seal. (This arts for official not�ul seaq ` This document is solely for the official Signature business of the City of Huntington ' KELLY LOUISE MANDIC Beach,as contemplated under _ Commission#! 1372899 Government Code Sec.6103 and Notary Public - California z 1066 0179634=2 should be recorded free of charge Orange County - 364144.02 a06:12,03 MY Comm.Expires Sep 1,2006 EXHIBIT "A" THE EASEMENT AREA THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH,RANGE.•11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. LOT BB AS SHOWN ON THE MAP OF TRACT NO. 15549, RECORDED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. DATED THIS // DAY OF � -r , 2003. Sip LAND SG ROY���9GF� o � EXP. 12/31/06 Jql IS 7846 F OF CA1�F�� . DONALD ROY URRY, L.S. 7846 EXP. 12/31/06 i EXHIBIT 'A' THE EASEMENT AREA SUNRISEF.-(- DPoVE � I � I � . LOT 'BB' TR 1554,9 MM 842128-44 I .� I ' 1 N SCALE 1" = 200' 50' 100' 200' 400' FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 EXIUBIT"A" LEGAL DESCRIPTION OF EASEMENT AREA That certain real property located in the City of Huntington Beach, County of Orange, State of California, described as follows: I06610179634M2 364144.02 aO6i l2iO3 100 (1:91;7 EXHIBIT 'A' THE EASEMENT AREA I SUNRISE DRIVE I 'I • I I I I , I I LOT YBB TR is�as . MMB I " I CIO I I I 50, 100, 200' 400' [6390 00E ENGIl�ERING SAN DIEGO INC. GREENWICH DR. STE. 170 GRAPHIC SCALE DIEGO, CA 92122 NE (858) 554-1500 EXHIBIT "B" THE BENEFITED PROPERTY THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH,:COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH,RANGE 11 WEST, OF THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE. BEING ALL OF THE LAND SHOWN WITHIN THE DISTINCTIVE BORDER ON THE MAP OF TRACT NO. 15549 FILED IN BOOK 842, PAGES 28 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ALL OF LOTS "AA"AND "BB" OF SAID MAP. DATED THIS 1125 DAY OF y , 2003. LAND S� ROYCG�,�`F�� EXR 12/31/06. J� lS 7846 91f. OF IDONALD ROY CURRY, L.S. 7846 EXP. 12/31/06 EXHIBIT 'By THE BENEFITED PROPERTY BEACH BLVD i LOT 'AA' / LOT"BB' TR 15549 MM 842/28-44 s� /777777 LOT I Try 15535 lWM 790/fI f-50 CQ u� L� �C) L J T 2 SCALE: 1" = 200' Try 15535 50, 100, 200' 400' QP jW1W 7'JJ/fI f-�5J CIS GRAPHIC SCALE i FUSCOE ENGINEERING SAN DIEGO INC. / L . 1 J .\ SAN IEGO, CICH D 1 STE. 170 SAN DIEGO, CA 92122 iWiW 528/4647 S rI 7 PHONE (858) 554-1500 !l! cax.r��auto Brockway, Connie From: Claudio, Jonathan Sent: Wednesday, September 10, 2003 6:40 PM To: Brockway, Connie Cc: Elliott, Terri Subject: Grant of Easement and Acceptance of Drainage Hi Connie. I assume that you are in receipt of correspondence dated August 28, 2003 from William Holman of PLC Land Company regarding his request to re-record the subject easement. Please do not proceed as the"correct" exhibits Mr. Holman submitted require additional correction. I have contacted him directly and will be processing the corrections with his engineer. Once I have the correct exhibits, I will forward them to you for recordation. Also, I spoke with Naji at the County Recorder's office today and he did not show that this easement had been recorded. Do you have the original document or are you aware of the status of this deed? Please let me know when you get a minute. Thank you much —jo JO I GOT THE REVISED ONE BACK FROM THE CITY ATTY TELLING ME TO GO AHEAD AND RECORD, BUT I EMAILED THE CITY ATTORNEY THAT DPW NEEDS IT AS PLC DOES NOT HAVE IT DONE CORRECTLY YET. I WILL SEND MY STAFF DOWN WITH IT AND GIVE IT TO YOU. AS I SAID THE ORIGINAL HAS BEEN RECORDED SO ONCE YOU APPROVE THE DEED WE WILL HAVE TO RE- RECORD IT. PLEASE GIVE IT TO CITY ATTORNEY WHEN YOU ARE ALL READY BECAUSE I NEED THEIR NEW APPROVAL AS TO FORM. THANKS ALOT. CONNIE 1 Brockway, Connie To: McGrath, Jennifer Subject: plc deed I sent this deed from PLC to you to approve as to form as PLC submitted a new description. You have done that. However, I received an email from DPW today that the new description given by PLC is incorrect. I will return this deed to DPW to work with you. When I returned it to you I thought you would check with DPW as to whether PLC is correct. Do you want me to go directly to DPW next time that PLC or another developer sends in something new and requests the Clerk to record it. Connie 1 VON pic August 28, 2003 Ms. Connie Brockway, City Clerk 2000 Main Street Huntington Beach, CA 92648 Subject: City of Huntington Beach/PLC/Lyon Waterfront Residential LLC Grant of Easement and Acceptance of Drainage over Lot BB of Tract 15549 Dear Connie: Thank you for sending me a copy of the recorded document referenced above. Upon inspection of the recorded document, I noticed that the exhibits are incomplete and incorrect. I am enclosing the correct exhibits for this instrument. Would you please have the document re- recorded with the correct, complete exhibits? Thank you very much. Very truly yours, MWiliainVH�olm�an Director of Planning Enclosure Cc: Terri Elliott, Public Works I i 19 Corporate Plaza Drive 949.721.9777 Telephone PLC Land Company Newport Beach, California 92660 949.729.1214 Facsimile WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 SPACE ABOVE THIS LINE FOR ORDER'S USE DOCUMENTARY TRANSFER TAX IS$ [NO TAX DUE] .....Computed on the consideration or value of property conveyed,OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or ent determining tax—Firm Name GRANT OF EASEMENT AND ACCEPTA E OF DRAINAGE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowle ed, THE CITY OF HUNTINGTON BEACH, a municipal corporation of the S to of California ("Grantor") hereby GRANT(S)AND CONVEYS to PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware li lted liability company("Grantee"), an easement appurtenant over that certain real property to ated in the City of Huntington Beach, County of Orange, State of California, described in Exhibit"A" attached hereto an incorporated herein by this reference (the"Easement Area") for the.purposes set forth below. The easement herein gr ted is for the benefit of the Grantee's adjacent property described in Exhibit "B" attached hereto and incorporated hg ein by this reference (the "Benefited Property"), which Benefited Property will be developed and improved as a gingle family attached residential community. The easement herein granted is for the purpose of accepting surface w er runoff, sheet flow, and water discharge from various drainage`pipes, culverts and other drainage improvements siFent fed on the Benefited Property which are designed and intended to direct and discharge surface water from the Bened Property on to the Easement Area. Grantor hereby consents to such drainage and deposit of water onto the Ea Area and agrees to accept same in perpetuity for the benefit of the Benefited Property. Dated 2003 THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California } STATE OF CALIFORNIA } COUNTY OF ORANGE 1 } Mayor On / ATTEST: before me, / personally appeared City Clerk personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names(s)is/are subscribed to the APPROVED AS TO FORM: 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 signatures(s) on the instrument the person(s) or the 1011� City Attorney entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (This area for official notarial seal) Signature 1066/017963-0002 364144.02 a06/12/03 1002(1/94) EXHIBIT "A" THE EASEMENT AREA THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF C LIFORNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, NGE 11 WEST OF THE -RANCHO LAS BOLSAS, AS PER MAP RECORD IN BOOK 519 PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF HE COUNTY OF ORANGE. LOT "BB" AS SHOWN ON THE MAP OF TRACT . 15549, RECORDED IN 842, PAGES 28 THROUGH 44, INCLUSIVE, OF APS, RECORDS OF THE COUNTY OF ORANGE. i i EXHIBIT 'A' THE EASEMENT AREA SUNRISE DRW I I I I I 9 I LOT 'BB' a TR 1.5�49 MMB2/ I m 9��iji�Gl I I " 50' 100' 2 0' 4 0' FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 GRAPHIC SCALE SAN DIEGO, CA 92122 PHONE (858) 554-1500 EXHIBIT "B" THE BENEFITTED PROPERTY THIS LAND DESCRIBED HEREIN IS SITUATED IN THE CITY,<'OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALI RNIA; BEING A PORTION OF SECTION 14, TOWNSHIP 6 SOUTH, RAN 11 WEST OF THE RANCHO LAS BOLSAS, AS PER MAP RECORDED BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF T COUNTY OF ORANGE. BEING ALL OF THE LAND AS SHOWN ON THE M OF TRACT NO!15549, RECORDED IN 842, PAGES 28 THROUGH 44 INCLUSIVE,.-OF MAPS, RECORDS OF THE COUNTY OF ORANGE. d- EXCEPTING THEREFROM ALL OF LOTS " " AND "BB" OF SAID MAP. i f 4 Aj FO 0,AJL4ecorded in Official Records, County of Orange RECORDING REQUESTED BY ) Tom Daly, Clerk-Recorder AND WHEN RECORDED RETURN TO: > illllllilllllilllllllllllllllllllll!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2003000700035 01:40pm 06/16103 City Clerk ) 211 95 E02 8 City of Huntington Beach ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, CA 92648 This document is solely for 00 [Space above this line for Recorder's use.] official business of the City P of Huntington Beach, as contWn- This document is exempt from plated ,inder Government Code recording fees pursuant to Sec. 6103 and Should be recorded Government Code Section 6103. free*FCh9Lf6-E. SPECIAL UTILITY EASEMENT AGREEMENT For valuable consideration,receipt of which is hereby acknowledged PS41 100 W4 T- �►_jMAlL L,.LG , (hereinafter "GRANTOR") hereby grants and conveys to the _ City of Huntington Beach, a municipal corporation of the State of California, (hereinafter "CITY") a perpetual non-exclusive easement and right of way to install, maintain, repair,. improve and relocate a pipeline or pipelines, with incidental ordinary and necessary appurtenances and connection(s), in, on and under said real property for its entire length and full width as described on Exhibit A (attached hereto and incorporated by this reference), and made a part hereof; and to construct structures for the transmission and delivery of water, or reclaimed water, including but not limited to, manholes, measuring devices, air valves, blow-offs, stations, standpipes, fire hydrants, and service connection structures appurtenant to said line or lines, which structures may extend above the surface of the ground; together with the right to enter and traverse upon other land of Grantor in order to obtain access to and along said strip of land and to deposit tools, implements and material thereon by CITY, its officers, agents and employees or by persons under contract to CITY, whenever and wherever necessary for the purpose of laying, 03agree/specil utility easement/3/24/03 ti .y constructing, reconstructing, renewing, inspecting, maintaining, operating, repairing, enlarging, replacing and using said water transmission and delivery line or lines. Grantor retains the right to use the. surface areas and the non-exclusive right to use the subsurface areas of the easement and right of way in such manner as Grantor shall deem proper. Grantor may request CITY to change or relocate CITY's water mains or any equipment incidental thereto, at Grantor's expense. In the performance of any of the work which CITY is authorized to perform in the area of such easement and right of way, CITY shall avoid, to the extent reasonably possible, any damage or interference with other installations in the areas of such easement or right of way. Grantor shall not alter the grade, surface or overhead conditions without prior written approval from the CITY. There shall also be no less than 20 feet of clear vertical space immediately above .the surface areas of the easement measured from finished ground level, nor shall any trees be located within,.or overhand into the easement. ground area. The CITY agrees to confer with Grantor thereof in order that CITY activity will result in a minimum of inconvenience or hardship. CITY accepts the easement and right of way granted hereby with the knowledge that Grantor intends to improve the surface of the easement herein.granted and use the same for motor vehicle travel, pedestrian access, landscaping and related purposes. In making any installation or in the performance of any work, CITY shall adequately protect its installations against such use. In making any use of this easement, CITY shall: (a) Make adequate provision for the safety and convenience of all persons using such areas or other improvements or facilities in such areas; (b) Replace and restore the areas and surface improvements to the condition in which they were prior to the performance of such work, except for any enhanced pavement 03agree/specil utility easement/3/24/03 2 treatments other than asphalt concrete, any landscaping, and any landscape irrigation facilities which shall be the responsibility of Grantor; (c) Have no obligation for maintenance, repair or.replacement of enhanced pavement treatments, landscaping or irrigation facilities; and (d) Hold Grantor and other users of the easements harmless against all claims, liabilities or expenses, including costs and attorneys' fees, arising from CITY's use of such area. In its use of the easement and right of way herein granted, CITY shall not permit any claim, lien or other encumbrance arising from such use to accrue against or attach to said easement and right of way or the interest of Grantor in the land in, on and under which said easement is granted. IN W-,I,T�NESS WHEREOF, this Special Utility Easement has been executed by the Grantor herein this-, day of mQ.v� 200 3 . GRANTOR .APPROVED AS TO FORM_ By: �A�TC�dh� -D ylL Na�11Lc. �Aab►E.. City Attorney U �slp3. print name ITS: (circle one) Chairman/President/Vice President Director of Public Works By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst.Secretary-Treasurer REVIEWED AND APPROVED: C' Administrator 03agree/specil utility easement/3/24/03 3 PLC/LYON WATERFRONT RESIDENTIAL LLC,A Delaware limited liability company Lred By: PLC WATERFRONT LLC, A Delaware limited liability company the By: PLC Homes LLC, A Delaware limited liability company By: 6( � — Its: v rt s ' A I. By: Its: By: LYON WATERFRONT LLC, A Delaware limited liability company By: WILLIAM LYON HOMES,INC., a California corporation By: Its: By: ((I 7vu Its: 8 ore 1 ss n "Waterfront" STATE OF CALIFORNIA ) ss. COUNTY OF � — ) On- "7 2003, before me, Roberta M. Kart Notary Public, personally appearet Chrtstoph6r.C. Gib s. -4- Dw"1 p'Bannon personally known tome o be the person(s) whose name(s) 4s�ubscribed to within instrument and acknowledged to me thathe/sh ey executed the same i,Ihistm.71ffieguthorized capacity(ies), and that by his their gnature(s) on the instrument the persons or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and offici seal. -----I "�' OFFICIAL SEAL 1 ROBERTA M.KERN Notary Public NOTARY PUBLIC-CAUFORINIA COORAN E COUNTY My Commission Exp.INK.e,2004 [SEAL] STATE OF CALIFORNIA ) ss. COUNTY OF ) On MOM I q 2003, before me, US � � Notary Public, personally appe d o 5 lr 1 k p- 'r S. Or i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and .acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. r` �4cE'.lq Notary Ilublic OFFICUIL SEAL [SEAL] SUSAN E.MENARD O NOTARY PUBLIC-CALIFORNIA N COMMISSION#1234016 C ORANGE COUNTY + MY Commission Eip.Sept S,2ow EXHIBIT "A" SPECIAL UTILITY EASEMENT AGREEMENT THE LAND DESCRIBED HEREIN IS SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,STATE OF CALIFORNIA,BEING A PORTION OF SECTION 14,TOWNSHIP 6 SOUTH,RANGE 11 WEST, OF THE RANCHO LAS BOLSAS, AS PER MAP FILED IN BOOK 51,PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF THE COUNTY OF ORANGE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING ALL OF THE LAND SHOWN ON THE MAP OF TRACT NO. 15549 FILED IN BOOK 842, PAGES 28 THROUGH 44,INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY,AS EASEMENTS "C","D"AND "E" ON SAID MAP. EXHIBIT 'A' SPECIAL UTILITY EASEMENT BEACH BLVD TR 15549 MMB 842 /28-44 P S� z- j� 1" = 200' QP 0 50' 100, 200' 400' GRAPHIC SCALE FUSCOE ENGINEERING SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 PHONE (858) 554-1500 -01/072003 12:23 949 7f1214 4 91?143?41597 NO.853 IPW 01/CV2001 10:27 FAX 415 240 01V' NETRO/RISK SAN FRANCISCO lloovoo Con& CERTIFICATE OF LIABILITY INSURANCE MMO/R=Ino. "OLDER. Tests CUTNICATE 00 NOT AM VC OR 730$wery Sbeet,$fa SW AUM THE COVER&U WORM BY Tt1E POLa E3L.OW. Sari Franfto,CA 94111 INSURERS AFFORDIM COVERAQ NASCA MIi1AM 1PERa: SV4119�51 ante 0 pm . PLC _ q�tp1ENY�. PLCRqCovIrmy W rmt Residential,T.LC -- n�,inen o: i9 Corporate Plaaa ne: " C,01► THE POUCI�OF pN9URpNGp L18TE0 8E10W►MVB 0W1 QWID TO THE WGUPIED NAMED AaMe FOR THE POLCY PERIOD INOICATEC.NOT MOTANOM ANY RPAu�f,TEAM&CO%MBE N OF ANY CONTRACT OR OTHM DOCUMENT WITH MPECT TO Wwo4 Y"js omrW-ATQ MAY BE ISSUED OR MAY KRTA^TWt;TiIS16"Va-AMMID BY THE 90LIt:{EA 000Si8W NOON 18 WNECT TO A4L THE TEM4.E%d.0 04 AND CW0(rlDW OF SUCH POLICIES.AGliA!(i M tdMRT 04OVO4 MAY NAVE 1 AlDUCSD VY PAM CLAMS. am RM ONfWALU&SMY [AG��CY1Mdl •- A Y cww0c" Amr 03G'i.P1a05795 Ol/Ol/m 01/01/04 • ssab !—_--q tWMiW �Q=ull ►Eapwien a. t SiQ ls*l e/ acilaowL►Aavaa+iw aai.Aaai�ip►TE G AA*IyMISI�IJ MPt ��. AtaO i 1aO AUToroaB•!UAWLity �&Nq c WFr Mr AUTO , A►LNrw�,eaAUTw �� s .. sC►KritAiaAuTas Mu1�AilTO6 ia�fam�1� 4 NONANT08 . I oA1NO9 OARAM UM NJ1Y •VTOON}v•cA AccN�EKr A essAAlsfM:iiAf. lACh occua Fl QAw"or •aoPec•Te._„ ,t s oe�crieLe s A � rNo�Iails CxxooCs+�aN•Iro °f�'• /YOLCr4A3 uAtlAiry !.L ROM ACMW i G � e.LOLs�ABE• i • a . 6L -vo«vLwr i NKIa►=aioP/AAi1QN6nocAr�one�ra�Rw/�WYAwNs.oaaswnl�EYdfr►i►iaALFaOtiq�OMi See nttuhed additional insured endorument with respect to General Liability. C CANCKUATION C1ty of Hmtbwon Beach amm"AwCr."mA0 lKnown f* atiWlaalC+nairapeiw61tIaurm Attu: Jim ove immor•THE ism"Mmp W%L Pmenum WA w—&AV$MIRRi011 mm Main Street MOTILE CiA?WCA",Moum NANsp To we wy oifi/4ali[ IfichnIM Beach,CA 92648 4 �e eWWxvAmwftww*" t A Fax, 714 370-1590 — I = ACOR0 2 M2001A11 0 N!� E1/07/2003 12:23 949 7 1214 917143741597 NO,853 004 01708/2003 13:27 FAX 418 2- 0 lM't (RISK so ".00500 • 0003/003 I 1 II AddItIonal Insured - Owners, Lessees or Contractof (Form B) CG 20 10 1185 Policy Amendment nor♦ W Llabilily► (neured Policy amber PLC Land Company RMUton LIAMCC Co. PLC/Lyon Waterfront Avsklwtinl LLC 03GUnOM795 19 Corporate Plaza Newport Beach CA 92"0 Produeor Effective Date MFM/RYBK,Inc. 01/oUOb to 01102/OA 750 Dow street.Suite M San Franaaco,CA 94111 1 Sohedule Name of Person or OralmI •tlon City of Haetgfl M leach,its offi era,ofEi wa,aaployeee,age#e AM Voluableu MM main Street Huntington Qgacb.CA 92608 (it no entry appears abare,iniorMWw required to complete Me Erldorson ant will be shown let the Pectarelione as applicable to this Endorsement-) Who Is an Inswyd(Section 11) Is amended to Include as an Inwrod the person or organization shown in the 80adule,but only with respect to Nablliy arising ct�of your work for that insured by or for you. Thi9 Insurance to P*nn. MUn Mane We President CA^ -' DATE(MM/DD/YYYY) COf�D CERTIFICATE OF LIABILITY INSURANCE DA71 3100 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE METRO/RISK,Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 750 Battery Street, Suite 550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco,CA•94111 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Evanston Insurance Co. 135378 an INSURER B: Lumbermen's Mutual.Casual Co. 22977 PLC Land Company 19 Corporate Plaza INSURER 1). New Beach, CA 92660 INsuRER a 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR 0,001 POLICY EFFECTIVE I POLICY EXPIRATION POLICY NUMBER LIMITS GENERAL LIABILITY i EACH OCCURRENCE I $DAMAGETORENTED t A i COMMERCIALGENERALLOLBILFTY 02GLP1005795 01/01/02 01/01/03 I PREMISES(Ea oocurence) s �i 3 CLAIMS MADE OCCUR Commercial I I MED EXP(My one person) S clud- Y - General Liability PERSONALSAOVINJURY s ()00000 GENERALAGGREGATE S 00,00 GENLAGGREGATELIMITAPPLIESPER: I PRODUCTS-COMPIOPAGG $ POLICY PRO- LOC �_ UTOMOBILE UABILITY i I COMBINED SINGLE LIMIT 1 ANY AUTO i (Ea arxidert) 'S ALLOWNEDAUTOS BODILY INJURY S SCHEDULED AUTOS t$ Q FOP�rt:' i (Perperson) I HIREDAUTOS APPROVPSD�- 01t7 �.,,tOTIIB?r, BODILY INJURY 1 G�IL flU TGii, (PeracdOentl... S NON-OWNED AUTOS By 08jU, . C tY �LTOiII2 • PROPERTY DAMAGE. $ 4) ih 1) GL/ (Per accident) GARAGELIABIL(TY AUTO ONLY-EA ACCIDENT IS I ANY AUTO I OTHER THAN O ONLY: EA ACC 5 A AGGIS EXCESS/UMBRELLA LIABILITY I - ' ' EACH OCCURRENCE $ (OCCUR F CLAIMS MADE I AGGREGATE 5 !S DEDUCTIBLE I I •S RETENTION S t is WORKERS COMPENSATION AND { STATU- Y LIMITS OTH- EMPLOYWWUABILTI E.L EACH ACCIDENT S ANY PROPRIETORIPARTNERlEXECUTIVE B OFFICER/MEMBEREXCLUDED? 3BA086398-00 04/16/02, 04/16/03 E.L.DEASE-EA EMPLOYEE S Ifyyes.describeunder IS (EL DISEASE-POLICY LIMIT S SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS See attached additional insured endorsement 6 14- moo• Z CERTIFICATE HOLDER CANCELLATION SHOULD AM/OF THE ABOVE DESCRIBED POLKXES BE CANCELLED BEFORE THE EXPIRATION City Of Huntington Beach DATE THEREOF,THE ISSUING'INSURER WILL3CaPjVkgftWWUL__M_ DAYS WRITTEN Attu: Sarah NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Bt11UrMLIX!= =am= 2000 Main Street I"Y �E�P3�@tT�PltilSt�H�t9f �t�nc �a��=®zmi� Huntington Beach,CA 92648 AUTHORED REPRESENTATIVE / Fax: 714 374-1590 - - ------ ---- •--- n ernon rnooncArrnN 19R8 A�. Council/Agency Meeting Held: W, 0.3 Deferred/Continued to: 441� 0 Approved Q Conditionally Approved El-Denied 4-0/5&-xrCity Clerk's Signature Council Meeting Date: January 21, 2003 Department ID Number: PL03-04 CITY OF HUNTINGTON BEACH C= C= REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS T SUBMITTED BY: RAY SILVER, City AdministratorOL42 PREPARED BY: HOWARD ZELEFSKY, Director of Planningj,� SUBJECT: APPROVE FINAL TRACT MAP NO. 15549 (22.6 acre Waterfront Residential subdivision) OF TENTATIVE TRACT MAP NO. 15549. Statement of Issue,Funding Source,Recommended Action,Altemative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Final Tract Map No. 15549, located on the west side of Beach Boulevard approximately 800 feet north of Pacific Coast Highway, is being submitted for City Council approval. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 15549 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 The Robert Mayer Corporation, and authorize execution by the Mayor and City Clerk (ATTACHMENT NO. 6)." Altemative Action(s): The City Council may make the following alternative motion(s): "Deny Final Tract Map No. 15549 and reject the offer of dedication, improvements and bonds". REQUEST FOR ACTION MEETING DATE: January 21, 2003 DEPARTMENT ID NUMBER: PL03-04 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: The Robert Mayer Corporation 600 Newport Center Drive, Suite 1050 Newport Beach, CA 92660 ENGINEER: Fuscoe Engineering 6390 Greenwich Drive, Suite 170 San Diego, CA 92122 LOCATION: West side of Beach Boulevard, approximately 800 feet north of Pacific Coast . Highway. ZONE: SP-5-CZ (Downtown Specific Plan— District 5— Coastal Zone) GENERAL PLAN: RH-30-sp (Residential High Density — 30+ dwelling units per acre — specific plan) NO. OF ACRES: 22.6 acres (gross) NO. OF NUMBERED LOTS: 21 NO. OF LETTERED LOTS: 28 NO. OF UNITS: 184 (attached townhomes) DATE OF COMPLETE APPLICATION: January 3, 2003 MANDATORY PROCESSING DATE: February 3, 2003 DISCUSSION: Final Tract Map No. 15549, a 21 numbered lot/ 28 lettered lot subdivision map, is submitted for City Council approval and subsequent recordation, pursuant to Tentative Tract Map No. 15549. Tentative Tract Map No. 15549 was approved by the Planning Commission, in conjunction with Coastal Development Permit No. 01-23, Conditional Use Permit No. 01-75 (with Special Permits), and Addendum #2 to Supplemental Environmental Impact Report No. 82-2, on March 12, 2002. The approved entitlements authorized construction of a 184 unit attached condominium project on numbered lots, private streets, alleys, landscaped areas, and pedestrian paths on lettered lots, including a 2.4 acre buffer parcel and berm separating proposed improvements from a one-acre parcel containing degraded wetlands; site grading and approximately 200,000 cubic yards of fill, retaining walls up to five feet in height, block PL03-04 -2- 1/15/2003 9:57 AM REQUEST FOR ACTION MEETING DATE: January 21, 2003 DEPARTMENT ID NUMBER: PL03-04 walls up to six feet in height within required street-side setbacks (Beach Boulevard, Pacific View Drive), and a reduction in private open space standards. Primary access to the proposed gated development will be provided from Pacific View Drive. The subdivider has satisfied the park and recreation requirement for the 184-unit project by payment of $439,786 in parkland in-lieu fees, as provided for in the Amended and Restated Development Agreement approved in 1998. The affordable housing requirement for this project, 28 units (15% of 184), has been satisfied by the City of Huntington Beach Redevelopment Agency, as required by the Amended and Restated Development Agreement approved in 1998, via the assignment of units produced by the Agency and maintained as surplus to its production and replacement obligations. Final Tract Map No. 15549 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 March 12, 2002. Environmental Status: This action to accept Final Tract Map No. 15549 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. 15549 with site plan 4 Tentative Tract Map No. 15549 Findings and Conditions of Approval 5 Final Tract Map No. 15549 6 Subdivision Agreement 7 Bonds (Faithful Performance, Labor and Materials, Monument) RCA Author: Ron Santos/Herb Fauland i PL03-04 -3- 1/15/2003 9:57 AM ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Man: 1. Final Tract Map No:-15549-i5 in conformance with the California Subdivision Map Act, the City of Huntington Beach Sum ision Ordinance and Tentative Tract Map No. 15549 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. B34224613 (Attachment No. 7). b. Labor and Material Bond No. B34224613 (Attachment No. 7). C. Monument Bond No. B34224614 (Attachment No. 7). 3. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT 2 a xcr S mrru cnrtwtz ffia. _ wAarca PROJECT SITE r r�cown r . Any 7�n•+" _q� , � �tA7IJN7A = a Af 1� _ 11_•VV{4 fN• 9tf Tentative Tract Map No. 15549 Coastal Development Permit No. 01-23 Conditional Use Permit No. 01-75 21462 Pacific Coast THE CITY OF HUNTINGTON BEACH ATTACHMENT 3 ". 7•.1L6.7f:M!Ntp_.ti ir!:IMy;'.1fBi ' . ) , r - — ,.n,F •. i Lor1 It Lore :u ' J m . J OSLOTS p O - _ Jti ' tOAT.6° J O LOr?7 i w A r r '.,,r F LOTL• 1 'LOTB, .LOT& a+ LOTC °r LOTS 'I'1 f�1�.' I I•'7�)'��I .ApY - r.r_ 'a .�,.. - .,1 I / LOT 21 b1 1. LOT A s I 1 LOT20 d LOTY LOT6 a� LOT10o I� 17 1 r l 1 `' caT>a LOTN A,• W y, Qom. 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II �L_ \ ? ' ar� !, �4- k, �, J;u►u:uy 15,loot 1r� "''^Y`-1;! I THEVUATERF�NTe` F��, �:��� so..riro c;l:>I Ill I� 1I N ;�°"�® TENTATIVE TRACT MAP HUNTIN,GTON BEACH , CALIFORNIA ENGINEERING wm® ' �'SUNAIS I', 1 I uff��'1,® 1�.L III -11'�r I I• �, �� 'r'�[�� � i l ♦`' q II "Il I 1( 1p�r� I I LPL 't. \ Ili, 1_.. I.r rJ ':i;. ,-•',,i;l �-ram- �: _�7 I�� ;_ IJl ),� I 7 h ._r...�-^ ,I:� \' 4 '��„ - -_II—L •I —Tl _ •f:� ! — 3�: -- JI �y r7-.1���.' — _ —.� �'�' ".I.E :'I .. XY S } - � ',\„ a� �{�, � /fi/..�i• � < �L,1/� / �'• r.':J �� _ -1 1t7�f L..Jit{_I •I �e Yo \_ a .. 1 jJ/♦. V ,l 1 -r• i rh�,r„ it I �_� 1.1MMn1�I ♦ \�` /�.\ � \' .fM��i• Q' � '.i - \• lrtr�r���r�1���_��,1 li . I Ir >.,; .� f.0l4i I.11(IMf 119i.I/NIIa \ \♦ / ,�' '' 'F 1i'�'i''ii'i'i\ r,i��. '1 E :�I sv'-� rnr:rn(luAn /R IINII \ ``v` �' .�'� +'- 1'r'r','rrrr!�r'T •(• I . Y` 4 m.�Ild'A UNI1 I. (INII ` �`t:... v•' ,. a �rr rr�iJf�„i,,�,�•' 1 n(lA „ i nllr io �ls tuN In r.',/;N(INI •/nir:'I. . ( \ s ;* ��` �' I.I .. r -'* RA E: ti AJ'AI'Y 1fL N.11w JAf . x • \' sz? ray lit AN'4v Nn DEC o ti• ,� _ _ .`C . ��.. t�•�:Ki/. 3 .\`\t i j.'\ h. '„ ,� rW r : ,n #1 Jaum,n M,2002 MnY1 R THE WATERF 1 FUSCOE 04..�a �4 f�NT . �-® SITEHUNTIN i::c:II�F'c->knTIUN ' �� �ICINt�lnc ��. t CrTON BEACH, CALIF0RNIA `�'a'R PLAN 5 FArr..,_•..ssn J},1 7 4?'4�' JJ'=?;' Il..• ';fl it .:�i.F ATTACHMENT 4 FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 15549/COASTAL DEVELOPMENT PERMIT NO. 01-23/ CONDITIONAL USE PERMIT NO. 01-75 WITH SPECIAL PERMITS FINDINGS FOR APPROVAL— TENTATIVE TRACT MAP NO. 15549: 1. Tentative Tract Map No. 15549 for the subdivision of 22.6 net acres for the development of a 184 multi-family residential units is consistent with the General Plan Land Use Element designation of Residential High Density on the subject property, and the Downtown Specific Plan, or other applicable provisions of this Code, except for the exceptions to private open space, grade differential, and retaining wall heights requested. Based on the density of the project, which is 9.6 units per acre and the housing product, which is attached as required within District 8 of the Downtown Specific Plan, the development and subdivision will be consistent with the General Plan and the Downtown Specific Plan. 2. The site is physically suitable for the type and density of development. The project site is generally flat and able to accommodate the type of development proposed from a circulation and drainage standpoint. The site is required to be elevated one foot above the base flood elevation in compliance with FEMA's requirements for new construction in an A-99 flood zone and therefore requires approximately 200,000 cubic yards of fill The proposed fill and grade will permit the site to be developed consistent with adopted plans and will result in a density of 9.6 units per acre which is well below the maximum allowable density on the subject site which is 30 units per acre. 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 site has previously been used for residential uses and does not contain habitat for wildlife or fish. The existing on-site degraded wetland will be preserved and deeded to the Redevelopment Agency, therefore, development of the site results in the preservation of an existing degraded wetland and the remainder of the site would not substantially or avoidably affect fish or wildlife habitat as none currently exists on the subject site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired. by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. No existing easements for the public at large will be affected by the project The project will provide required sidewalks and access along Beach Boulevard and Pacific View Drive between the multi-family residential development to the north and Pacific Coast Highway to the south. 5. The Planning Commission finds that the project will not have any significant effect on the environment based on the previously certified Supplemental Environmental Impact Report(SEIR) No. 82-2 and Addendum #2 to SEIR No. 82-2 which provide mitigation measures that can be implemented to address potential impacts to the project's future residents from noise and air quality. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-23: 1. Coastal Development Permit No. 01-23 for the development of a 184-unit multifamily residential project within the appealable jurisdiction of the coastal zone and to allow water quality improvements in the buffer area adjacent to the degraded wetland, as modified by conditions of approval, conforms CUP 99-14(2)VAR 01-17 Attachment No. 1.1 with the General Plan, including the Local Coastal Program. The project layout is consistent with the Residential High Density land use designation on the property and the Downtown Specific Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development complies with all development standards except for the increased retaining wall heights, grade differential in excess of three feet, and the import of 200,000 cubic yards of fill. The development will be in compliance with FEMA, which requires that the site be elevated one foot above the base flood elevation as it is located within an A-99 flood zone. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed project will provide all required infrastructure consistent with the Local Coastal Program and City requirements. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impact existing public access or recreation opportunities in the coastal zone as none exist on the project site. In addition, a public sidewalk will be constructed along the easterly property line providing a pedestrian connection to Pacific Coast Highway. 5. The transfer of ownership of Parcel AA of Tentative Tract Map No. 15549 containing the degraded .69-acre wetland to the Redevelopment Agency of the City of Huntington Beach will not result in any adverse impacts to coastal resources as it results in the preservation of an existing degraded wetland consistent with the Coastal Act. DINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-75: 1. Con . 'onal Use Permit No. 01-75 for the establishment, maintenance and operation of the 184-unit multi-fa ' development, retaining walls up to five feet in height, a grade differential of greater than three feet, a the import of approximately 200,000 cubic yards of fill will not be detrimental to the general welfare ersons working or residing in the vicinity or detrimental to the value of the property and impro ents in the neighborhood. Based upon the grade differential and on-site landscape treatments, retaining walls will not adversely impact the property owners that will reside within the Waterfron sidential development, nor will it impact the surrounding area. The project will be graded to minima rainage impacts while complying with the flood requirements of the A-99 flood zone as required by A. The proposed grade differential to adjacent residential properties will be mitigated through the of substantial landscaped setbacks and tree requirements. 2. The conditional use permit will be compatible with s ounding uses through the use of colors, material, and design elements that are consistent with Mediterranean theme established in the Downtown and on adjacent properties. The project's archi ure, walls and fencing, and perimeter landscaping is designed with consistent colors, materials, and ign with similar architecture, colors, and materials as the residential units to the north, as well as the ho development to the south. 3. The proposed 184-unit multi-family residential project will comply with the visio_ ns of the bese' district and other applicable provisions in Titles 20-25 of the Huntington Beach ning and Subdivision Ordinance and any specific condition required for the proposed use in district in which it would be located,with exceptions to Special Permits, retaining wall heights, g e differential, and import of fill material which will be approved concurrently. The wells are c istwt. with the City's Design Guidelines, which call for offsets in walls and enhanced landscaping al CUP 99-14(2)VAR 01-17 Attachment No. 1.2 ce are for residents within each unit cluster. 3. The gran i f Special Permits will not be detrimental to the general health, welfare, safety, and convenience o eighborhood or City in general, nor detrimental or injurious to the value of property or improvem of the neighborhood or of the City in general. Based upon the conditions imposed, adequate private common open space is provided throughout the site and perimeter wall and landscaping is consiste th surrounding properties. 4. The granting of Special Permits will be consi t with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain an mpatible with the surrounding environment. Enhanced landscaping and entry design will be provide ' 'eu of maintaining required setbacks for block walls and one unit located at the terminus of Sunrise Dr Substantial open space, exceeding that required by the Downtown Specific Plan, is provided on-site. 5. The granting of Special Permits will be consistent with the policies of the Coas ement of the City's General Plan and the California Coastal Act. 6. The granting of Special Permits will not result in any violation of State or Federal Law.. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 15549: 1. The tentative map received and dated January 23, 2002 shall be the approved layout. 2. Prior to submittal of the final,map to the Public Works Department for processing and approval by the City Council, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted for review and approval to the Planning Department. The Redevelopment Agency shall meet the requirement to provide for a minimum of 15 percent of the housing units (28 units) as affordable at an off-site location or as stated in the Amended and Restated Development Agreement, and Amended and Restated Disposition and Development Agreement. A minimum of 40 percent of the 28 affordable units (minimum of 12 units) shall be affordable to families of very low income for a period of 30 years through recorded covenants. The remaining 16 units shall be affordable to families of low and moderate-income levels (average 80%of the Orange County median)for a period of 30 years. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall. 1.be completed and available to the public, prior to final building permit approval (occupancy) of'the first... irst home in the Waterfront Residential development or.as stated in the Amended and Restated Development Agreement, and Amended and Restated Disposition and.Development Agreement. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners'Association. The CC&Rs shall also stipulate the required payment amount to be collected by the Homeowner's Association for deposit into a fund to be used by the City of Huntington Beach tot the purpose of paying all costs associated with long-term maintenance of the buffer area (Lot BB). The CC&Rs must be in recordable form prior to recordation of the map. CUP 99-14(2)VAR 01-17 Attachment No. 1.4 3. The following conditions of approval are required to be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act. (PW) a. The tentative map and associated engineering studies received and dated January 23, 2002 shall be the approved layout. b. The developer shall negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities. The Planning Department shall be provided with a copy of the agreement prior to recordation of the final map. (PL) c. All vehicular access rights to Beach Boulevard, Sunrise Drive and Pacific View Drive shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. (PW) d. Hydrology and hydraulic studies for both on-site and off-site facilities shall be submitted for Public Works review and approval. The hydrologic and hydraulic analysis shall include, but not be limited to piping sizes, domestic and fire flow requirements (for both proposed and ultimate demand). Runoff shall be limited to pre-1986 Q's,which must be established in the hydrology study. If the analyses shows that the City's current drainage system cannot meet the volume needs of the project runoff, the developer shall be required to attenuate site runoff to an amount not to exceed the 25-year storm as determined using pre-1986 design criteria. As an option, the developer may choose to explore low-flow design alternatives, or upgrade the City's storm water system to accommodate the impacts of the new development, at no cost to the City. (PW) e. The sewer and portions of the storm drain system located within the private streets shall be private and maintained by the Homeowners Association. (PW) f. A qualified, Licensed Engineer shall prepare a detailed soils and geotechnical analysis. This analysis shall include Phase II Environmental on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, liquefaction,foundations, landscaping, ground water, retaining walls, pavement sections and utilities. (PW) g. The Public Works Department shall review and approve the design of the entry at Pacific View Drive, Twin Dolphin Drive, and Sunrise Drive. (PW) h. The main entrances at Twin Dolphin Drive and Sunrise Drive shall be designed so that a standard delivery truck(SU-30) can turn around in front of the gate using a three-point turn or better. (PM is The Final Map and phased maps shall be consistent with the approved Tentative Map. (PW) j. A reproducible mylar copy and print of the.recorded parcel map shall be submitted to the Department of Public Works at the time of recordation. (PW) k. 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 item: (PW) CUP 99-14(2)VAR 01-17 Attachment No. 1.5 (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 to the County of Orange. (3) Provide a digital-graphics file of said map to the City per the following design criteria: a. Design Specification: i) Digital data shall be full size (1:1) and in compliance with the California coordinate system—STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. ii) Digital data shall have double precision accuracy (up to fifteen significant digits). iii) Digital data shall have units in US FEET. iv) A separate drawing file shall be submitted for each individual sheet. v) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. vi) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. b. File Format and Media Specification: i) Shall be in compliance with the following file format: AutoCAD (version 13 or later) drawing file: DWG ii) Shall be in compliance with the following media type: CD Recordable (CD-R) 650 Megabytes I. 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) m. A Certificate of Insurance shall be filed with the Public'Works Department and approved as to form by the City Attorney. (PW) n. The following shall be shown as a dedication to the City of Huntington Beach on the Final Map: (PW) (1) 28-feet of right-of-way for street purposes on Sunrise Drive. (2) 35-foot radius right-of-way at the curb return for the southwest comer of Beach Boulevard and Sunrise Drive. (3) An easement(10-foot minimum) for access, maintenance and operation of the storm drain located along the northwesterly boundary of the property in conformance with City Standard Plan No. 300. (4) A blanket easement over the private streets and access ways for Police and Fire Department access purposes. (5) The public water system and appurtenances shall be located within the public right-of-way or within a public easement dedicated to the City of Huntington Beach. Easements for CUP 99-14(2)VAR 01-17 Attachment No. 1.6 waterlines within private streets or access ways shall include the full width of paved areas. Unless access is restricted (by walls, structures, etc.), this easement shall be a minimum total width of 10-feet clear(5-feet either side and beyond the end of the water pipeline or appurtenance) of unobstructed paved or landscaped surface (no surface features; including structures, parking spaces,.ha rdscape, trees, gates, etc.), pursuant to Water Division standards. Where access is restricted, the easement shall be a minimum width of 20-feet to allow for access and maintenance operations, pursuant to Water Division standards. (6) Access rights in, over, across, upon and through the private streets and access ways for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. (7) Access rights in, over, across, upon and through the private streets and access ways for the purpose of maintaining, servicing, cleaning, repairing, and replacing gross pollutant removal devices and treatment train improvements adjacent to the wetlands buffer area. (8) A 2-foot wide public utility easement along both sides of each private street. (9) Lot BB to the City in fee as a buffer area and vegetative filter area for stormwater run-off. o. The developer shall enter into a Special Utility Easement Agreement with the City of Huntington Beach for maintenance and control of the area within the (public) water pipeline easement, which shall address repair to any enhanced pavement, etc. if the public water pipelines and/or appurtenances require repair or maintenance.The HOA shall be responsible for repair and replacement of any enhanced paving damaged due to work performed in the-maintenance and repair of any water pipeline. (PW) p. All Public Works fees shall be paid in conformance with the Development Agreement. (PW) q. Lot AA, which contains the degraded wetland, shall be deeded in fee to the Redevelopment Agency pursuant to the Settlement Agreement and Open Space/Wetland Preservation and Restoration Deed Restriction executed on November 20, 2000. 4. The following conditions are required to be completed prior to issuance of Grading Permits: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. (PW) b. Private sewer improvements, including'laterals up to each dwelling unit, for reference only. (PW) c. Separate backflow protection devices shall be installed, per Water Division standards for all multi- family residential domestic water services, dedicated fire services, and irrigation services. d. Sewer shall be rerouted from Lot C north of Lot L to flow southerly in Lot D to Lot M and out to Beach Boulevard. (PW) e. Improvement Plans, prepared by a Licensed Civil Engineer shall be submitted to the Public Works Department for review and approval. The following public improvements shall be shown on the plan: (PW) CUP 99-14(2)VAR 01-17 Attachment No. 1.7 (1) A water pipeline (minimum 12-inches) per Water Division standards in Beach Boulevard, starting from the point of connection to the existing 18-inch water pipeline in Pacific View Avenue and connecting to the existing 8-inch water pipeline in Sunrise Drive (approximately 1100 feet). (2) Edison-owned street lighting along Beach Boulevard between Sunrise Drive and approximately 100 feet n/o Lot N and all other street lighting for the tract, in accordance with Public Works Standards. Lighting calculations shall be submitted for review and approval. .(3) Curb, gutter and sidewalk along the Beach Boulevard frontage from Sunrise to Pacific View, per CalTrans Standards. (4) An ADA compliant access ramp at the southwest comer of Sunrise Drive and Beach Boulevard. (5) Full-width street improvement for Sunrise Drive. (6) Full-width street improvements for Pacific View in conformance with the revised Precise Plan of Street Alignment, 98-1, Ordinance#3406. (7) The quantity and placement of domestic water services, meters and other appurtenances shall meet Water Division approval. The number of domestic water meters and services serving the development shall be minimal, and shall be sized to meet the minimum requirements set by1he California Plumbing Code (CPC) and Uniform Fire Code (UFC), if applicable. New domestic water service(s) shall be a.minimum of 1-inch in size. Meters serving more than one dwelling unit shall be addressed in the Homeowners Association CC&Rs for billing and maintenance beyond the primary meter. (8) Each separate Homeowners Association (HOA) and/or public common landscaping area(s) shall have a separate irrigation water service(s), meter(s) and backflow protection device(s). The meter(s) shall be sized to meet the minimum requirements set.by the California Plumbing Code (CPC). New irrigation water service(s) shall be a minimum of 1-inch in size. An appropriate Homeowners Association agreement with CC&Rs shall be instituted to provide for the billing and maintenance of any common area landscape irrigation. f. Storm Drain and Water Quality Management Plans (WQMP's) conforming with current NPDES requirements, prepared by a Licensed Civil Engineer, shall be submitted to Public Works for review and approval. Catch basins shall be grated and not have side openings. If feasible, runoff from Sunrise Drive shall be directed to the buffer around the wetlands parcel. The storm drain design within Parcel BB shall incorporate the following: (PW) (1) To.the greatest extent feasible, low flow urban runoff from the north and westerly side of the property shall be directed to the buffer area around the wetlands parcel without exceeding allowable maximum flow volume to properties southeasterly of Beach Boulevard. (2) Gross pollutant removal devices (CDS or equivalent) for the removal of debris, sediment, oil and water separation, etc., shall be installed as part of.the treatment train prior to entering the buffer area adjacent to the wetland parcel. Access to these devices for maintenance shall be provided and included within an easement to the city. CUP 99-14(2)VAR 01-17 Attachment No. 1.8 (3) The landscape palate plan shall be reviewed by an independent professional biologist selected and retained by the city. All costs associated with this review shall be reimbursed by the developer. (4). A Water Quality Management Plan shall be maintained and updated as.needed-to satisfy the requirements of each phase of the development. The plan shall.incorporate water quality measures for all improved or unimproved phases of the project. All WQMP's shall be sized to infiltrate, filter, or treat the 85-percentile 24-hour storm event or the maximum flow rate of runoff produced from a rainfall intensity of 0.2 inches per hour. The WQMP shall include an extensive HOA education program, including information booklets and packages for each homeowner, and periodic informational programs to keep owners current with WQMP requirements. (5) A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and updated as needed to satisfy the requirements of each phase of the development during construction. The plan shall incorporate.all necessary BEST Management Practices and other City requirements to eliminate polluted runoff. (6) Gradients of less than 2% shall not be permitted in earthen swales. (7) Once the final design plans have been prepared, an irrevocable trust fund shall be established with an initial amount of$30,000 naming the City of Huntington Beach as Trustee. This fund shall be for the purpose of funding and paying the cost of maintenance, inspections, maintain vector countermeasures, cleanup, operation, monitoring, sampling, replacement planting, plant harvesting, sediment and gross pollutant removal of the buffer.area (Lot BB of TTM No. 15549) as provided by the City and its agents. The developer, or the Home Owner's Association (HOA) as successor, shall be responsible for maintaining this fund through payments on a yearly basis. The Covenants, Conditions and Restrictions (CC & R's) for the HOA shall be reviewed and approved by Public Works prior to occupancy of the first unit. This requirement shall be explicitly defined in an agreement with the developer, and in the CC & R's for the HOA, and shall be binding as long as the buffer area is in place. Once adopted, this provision in the agreement or the CC & R's shall not be altered., amended or deleted without prior approval from the City of Huntington Beach Public Works Department. g. Traffic Control Plans, prepared by a Licensed Civil or Traffic Engineer, shall be submitted to Public Works and CalTrans for review and approval, for work within City's right-of-way and Beach Boulevard, if there are any utility connections in Beach Boulevard. (PW) h. A Landscape and Irrigation Plan, prepared by a licensed Landscape Architect, shall be submitted to Public Works for review and approval by the Park, Tree and Landscape Division. The Developer shall submit irrigation demands to ensure proper irrigation service sizing. (PW) i. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, utilities, dewatering, protection of adjacent existing structures, landscaping, and liquefaction requirements. Said report shall certify that post development ground water conditions shall not be affected or affect improvements. (PW) CUP 99-14;2)VAR 01-17 Attachment No. 1.9 j. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall.include methods to minimize remediation- related impacts on the surrounding properties; details on how all-drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) k. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site and along the northerly property line, every 250 feet, indicating who shall be contacted for information regarding this,development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, track routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact(Sudi Shoja (714) 536-5517) regarding grading and construction activities, and"1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) I. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. (PW) m. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include.the approximate number of truck'tdps and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW) n. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. (PW) n. Provide or reference a Fire Department approved Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification #431-92. (FD) o. From the Division of Oil, Gas&Geothermal Resources (DOGGR), provide or reference a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (714) 816-6847. (FD) p. From the DOGGR, provide or reference proof of a Site Plan Review application. (FD) q. Obtain or reference a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification#422-Oil Well Abandonment Process. (FD) r. At least 30 days prior to any grading activity, notification to all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule shall be completed. s. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours CUP 99-14(2)VAR 01-17 Attachment No. 1.10 in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. t. A grading/erosion control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. u. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be avoided to the greatest extent feasible. Applicant shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners cannot be accomplished, the applicant shall construct a six(6')foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property line. Prior to the construction of any new walls,'a plan must be submitted identifying the removal of any existing walls located on the subject property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. v. A supplemental geotechnical investigation based on the specific proposed design shall be performed to confirm subsurface conditions (liquefaction hazard zones and groundwater levels), and provide supplemental recommendations, as appropriate, for the final design of each structure and for the proposed residential development. (Mitigation Measure) - w. If verified as being required by a qualified soils engineer, existing fill materials and disturbed, loose soils shall be removed and replaced with competent material. For each phase, such reports shall be submitted to, and approved by, the City Engineer prior to issuance of grading permits. All site preparation, excavation and earthwork compaction operations shall be performed under the observation and testing of soils engineer(s). (Mitigation Measure) x. Prior to any alteration of the overall project site by grading or filling activity, the developer shall conduct a hydrological analysis of the drainage patterns affecting the on-site wetland area or adjacent wetland area. Such analysis shall determine the drainage effects on the wetland portion of the site. No development, grading or alteration of the project site shall occur which affects the wetlands or adjacent wetlands without fully analyzing the affects on the on-site wetland and adjacent wetlands. The developer shall provide evidence to the City and to the department of Fish and Game that the project's runoff management system will deliver approximately the same amount of freshwater urban runoff to these wetlands as under existing conditions, and in approximately the same seasonal pattern. This evidence shall include (a) a hydrological analysis comparing the existing and post-project water supply, and (b) drawings and a description of the runoff conveyance system in sufficient detail for a qualified engineer to judge its adequacy. The State Department of Fish and Game shall be consulted regarding alteration of the drainage pattern of the site, which may affect the above-mentioned wetlands. The developer shall provide the Planning Department with a written report substantiating compliance with this mitigation measure prior to submittal of grading plans or permit issuance for each phase. (Mitigation Measure) y. If the developer proposes to increase or decrease the water supply to the wetlands east of Beach Boulevard, or to change the seasonal pattern, the developer shall provide, in addition to the CUP 99-14(2)VAR 01-17 Attachment No. 1.11 1 � • evidence required in the prior mitigation measure, a biological analysis to the Public Works Department demonstrating that there would be no significant adverse impacts on the wetlands or associated wildlife. (Mitigation Measure) z. A Mitigation Monitoring Program, consistent with the requirements of the California Environmental Quality Act (CEQA) shall be submitted for review and approval by the Planning Department. A Mitigation Monitoring Fee shall be paid to the Planning Department prior to the issuance of Grading Permits. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or:have water applied.to the exposed surface prior to leaving the site to prevent dust from:impacting the-surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from.leaving the site and impacting public streets. (PW) g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) i. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan requirements. (PW) k. Discovery of additional contamination/pipelines, etc., must be reported to the. Fire Department immediately and the approved work plan modified accordingly. (FD) I. Construction equipment shall be maintained in peak operating condition to reduce emissions. m. Use low sulfur(0.5%) fuel by weight for construction equipment. n. Truck idling shall be prohibited for periods longer than 10 minutes. o. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. CUP 99-14(2)VAR 01-17 Attachment No. 1.12 p. Discontinue operation during second stage smog alerts. q. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. r. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday-Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) s. Dust suppression measures, such as regular watering and early paving of the roads shall be implemented by the project proponent at each phase to reduce emissions during construction and grading. (Mitigation Measure) t. For each development phase of the project, if any archaeological or historical materials are found during grading or construction, all work shall cease immediately and a qualified archaeologist shall be contacted in order that the appropriate mitigation measures can be taken. (Mitigation Measure) 6. On-site parking shall be provided for all construction workers and equipment unless approved otherwise by the Public Works Department. 7. The property owner is responsible for all required clean up of off-site dirt, pavement damage and/or restriping of the public rights-of-way as determined by the Public Works Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT MAP NO. 15549 1. Tentative Tract No. 15549 shall not become effective until the ten-calendar day appeal period has elapsed. 2. Tentative Map No. 15549, Coastal Development Permit No. 01-23, and Conditional Use Permit No. 01-75 shall become null and void unless exercised within two (2) years of the date of final approval, which is February 26, 2004. 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. 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 4. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 5. Park Land In-Lieu Fees shall be paid prior to approval of the final map by the City consistent with the Amended and Restated Development Agreement approved in 1998. CUP 99-14(2)VAR 01-17 Attachment No. 1.13 ATTACHMENT 5 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND N 15P-V1WA-0U AL-j L.f7 AaZ FOR TRACT NO. { -r THIS AGREEMENT ("Agreement") is entered into this ,,�% s� day of 2 oc 3 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporationr}} of the Sta e of California, hereinafter referred to as "CITY," Mayer Fi�wNua l;�,p, a 6gII*(ni Ali lo► �hr lvte�'�►i P,q�n�( and A RlAkAfe-a California corporation, hereinafter 1 dun j+c La r' cov►n��a�Y referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is.the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. ; and As a condition of the approval of and prior to the recordation of this subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in the subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform this work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of this agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the California Government Code, and Chapter 255 of CITY's Zoning and Subdivision Ordinance. agree/forms/subdiv 10-18-01/4/25/02 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 10-18-01/4/25/02 2 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. i 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY's Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1)year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1)year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials, or any statement by any officer, agent or employee of CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefor, or any combination of all of these acts, shall not agree/forms/subdiv 10-18-01/4/25/02 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 '(WoAN(Otl (S7jW15jC00, j, which is one hundred percent(100%) of the estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. t//Acceptable corporate surety bond. Acceptable irrevocable letter of credit. agree/forms/subdiv 10-18-01/4/25/02 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 bVe A46 t-V,19Vt�-ift1 -XnWX FiW-Htwi&A Dollars which is fifty percent (50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of. Cash, certified check, or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing by CITY, and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs agree/forms/subdiv 10-18-01/4125/02 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. CITY shall be reimbursed for all costs and attorney's fees incurred by CITY in enforcing this obligation. 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 agree/forms/subdiv 10-18-01/4/25/02 6 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 Million Dollars ($1,000,000). This policy shall name City of Huntington Beach, its officers, officials, employees, agents and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER's insurance shall be primary. The abovementioned insurance shall. not contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage, except with the express written consent of CITY. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policy will not be canceled or modified without thirty(30)days' prior written notice of CITY. SUBDIVIDER shall maintain the foregoing insurance coverage in full force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from SUBDIVIDER's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representatives shall at all times have the right to demand the original or a copy of the policy of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premium on all insurance hereinabove required. agree/forms/subdiv 10-18-01/4/25/02 7 i 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 10-18-01/4/25/02 8 TO CITY: TO SUBDIVIDER: NIA�F1v�lLitll�l. P. City of Huntington Beach (G(G+DaFl-C�e�tlP,+(`Ait�;SUE�'G 105D ATTN: Director of Public Works � �,tUh(6A 47,0&0 2000 Main Street Huntington Beach, CA 92648 W tJ1A a COIN-D lq Cvr'�al2l���l�tz���'i�+2 15. CONSENT Nwp,!1+teAbLki (,A 41&&0 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 10-18-01/4/25/02 9 s covenants and provisions of this Agreement: No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 19. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 20. IMMIGRATION SUBDIVIDER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall,in particular, comply with the provisions of the United States Code regarding employment verification. 21. LEGAL SERVICES SUBCONTRACTING PROHIBITED SUBDIVIDER and CITY agree that CITY is.not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. SUBDIVIDER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for agree/forms/subdiv 10-18-01/4t25/02 10 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES Except as expressly set forth in Section 10 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. 23. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 24. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 25. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agree/forms/subdiv 10-18-01/4/25/02 1 1 agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF,-the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SUBDIVIDER, CITY OF HUNTINGTON BEACH, a 'IF A--IT&A 1>=�_'70s1ATUR_ PA6F— municipal orporation of the State of California By: Mayor ATTEST: print name /J ITS: (circle one)Chairman/President/Vice President AND City Clerk By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. C Attorney --F'jw Secretary—Treasurer J I ED ND APPR D: REVIEWED AND APPROVED: Director of Public ,Works City A ministrator J agree/forms/subdiv 10-18-01/4/25/02 12 SUBDIVISION AGREEMENT FOR TRACT 15549 MAYER FINANCIAL, L.P., a California limited partnership By: RLM Management, Inc., a California corporation, General Partner By: & , .l' Robert L. Mayer, Pr sident PLC/LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company By: PLC WATERFRONT LLC, A Delaware limited liability company, its manager By: PLC Homes LLC, a Delaware limited liability company, its sole member By: Its: By: Its: �y By: LYON WATERFRONT LLC, A Delaware limited liability company, a member By: WILLIAM LYON HOMES, INC., A Calif is corporation, its sole membe By: Its: OW 5. MorabitO A-019tent Secretary By: Its: Senior Vice President CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 22, 2003 Fidelity National Title Company 1300 Dove Street, Ste 310 Newport Beach, CA 92660 949-622-5000 Attn: John M. Glance,Title Officer Re: Final Tract Map No. 15549 -Order No. OR-9790675-A This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording,please return duplicate Mylar, 2 prints,:and a digital file disk of the Tract Map to Kris Winchak, Department of Public Works, P.O. Box 190, 2000 Main Street, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk Enclosure Received by: 17Jo Dated: j +Z7103 i ! :0 i d E Z NVr EO�l itnH g:/followup/tractttractmap2002.doc lyW (Telephone:714-536-5227) t•. :1 r .7,s"6d�. ? ,r,,r+ .ur-•^--� _ _�r:_ >:^ 3,, n.. -i -�^t. y _:{..-if{•„c ,f„dY '' +� rx '1 9g'rr(L' t lt7- "',r 4_ :" - w1�'n - , '�' 4 tea _ J "rw t... ..• r hpu i �1, o $ iY `m"S•I {r ti (: Y- a. 1y ,. , r-r } i 1,�•�'b. rN`.� < ,o,.�:-... t'" ;(..fit' •v� d- v` . r - J�`+ RECEIVED BY: '; 0 CITY CLERK RECEIPT COPY' Return DUPLICATE to (Name) ` after signing/dating (Date) j j CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: C ,�QATE: D SUBJECT: , Bond,rAcceptance I have received the bonds for �`E 20 hF� cl t­, rc)­00\� U j (Company Name) f Q Faithful Performance Bond No. 3)f224613'Labor and Material Bond No.-Ij 31f a2 4 3 Monument Bond No. J`` _3 -)' i Maintenance Bond No. r Re: Tract No. `� ' �t Cr CC No. MSC No. Approved b Agenda Item No. (Council Approval Date) City Clerk Vault No. 4ao 40 g1jah/bondletter.doc F00 , 4 CITY OF HUNTINGTONot EACH INTERDEPARTMENTAL COMMUNICATION TO: Connie Brockway City Clerk FROM: Kris R. Winchak Consultant Plan Checker SUBJECT: Tract No. 15549 (Authorization to Record) DATE: January 15, 2003 Please release subject tract to the Title Company for recordation. All requirements have been met per the Subdivision Map Act and all Public Works fees, bonds, agreements and insurance requirements have been complied with. TITLE CO: Fidelity National Title Company TITLE OFFICER: John M. Glance ORDER NO.: 9790675-A LOCATION: N/W Corner of Pacific View Ave. and Beach Blvd. PHONE NO.: (949) 622-5000 Kris R. Winchak a-` c G:/Eng/Winchak/Forms/Map auth to record STATE OF California SS. COUNTY OF Orange On DEC 2 3 2002 , before me, Janina.monroe, Notary Public PERSONALLY APPEARED Victoria M. Campbell 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 acknowl- edged 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 .IANINAMUNROE the instrument. Commission 13E52485 -� Notary Public-Caiitom:a Orange County WITNESSImnand and official seal. ME Comm.E�ires Jun 2,2t?li Signatur This area for Official Notarial Seat 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 TITLE OR TYPE OF DOCUMENT TITLE(S) . ❑ PARTNER(S) ❑ LIMITED. . ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OP ENTnY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT � 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 1S NOTARY PUBLIC IN AND FOR SAID STATE IN - COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND , PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY.UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES .8075.01 3 r AM E o® } STATE OF CALIFPRNIA }ss. COUNTY OF On ,; -- 6, ;1-0 before me, Robeft M. Kerry , personally appeared Christopher C. Gibbs AjJ Danl9l OBannon personally known to me to be the persons) whose names) ' are, subscribed to the within instrument and acknowledged tome that hefsh they xecuted the.same in hi ��their' horized capacity(ies), and that by hisheir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my—ha-hd and official seal. Signature , -Qc�-t�.�.' 1-�► ERTA INAL FERN Co M11. M 1233372 � j, 4a U bi c-Ca:fernla� D�CEr>13ER F.2oCc (rhis area for official notarial seat) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General First American Title Insurance Compan I OND NO. B34224614 PREMIUM $150.00 " MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC/Lyon Waterfront Residential LLC as Subdivider of Tract No. 15549 in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineers�orsurveyors certificate stating that all final monuments will be in the positions indicated on or before the date specified in said certificate: That said PLC/Lyon Waterfront Residential LLC (Subdivider) as principal, and Gulf Insurance Company as surety, hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract, as are not already set prior to the recording of said Final Map, in accordance with said map and said certificate up to but not in excess of the sum of $ 15,000.00 , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms,conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 23rd day of December 2002 PLC/Lyon Waterfront Residential LLC , as Principal: ' B See attached signature block y AP1''OW D AS TO FORMV. 1; 'i'QTd, City Attorney By; i;y: DO]Puty City Attorney Gulf Insurance Company -, as Surety . By: L_ Victoria M. Campbell By; Attorney-In-Fact 8092.01 FAITHFUL PERFORMANCE BOND FOR TRACT 15549 PLC%LYON WATERFRONT RESIDENTIAL LLC, a Delaware limited liability company By: PLC WATERFRONT LLC, A Delaware limited liability company, its manager By: PLC Homes LLC, a Delaware limited liability company, its sole member JJA- By: J�;tIS& Its: f>Zf'-dl t pF'v`t By: Its: By: LYON WATERFRONT.LLC; A Delaware limited liability company, a member By: WILLIAM LYON HOMES,INC., A California corporation, its sole member By: _ Its: Garl S. Mora[)ItO ssistant Secrawry - By: Its: Th mas l Mitchell Senior Vice. President I 486/017963-0002 _ 354686.01 a12/19/02 —2 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organizea under the la:vs of the State of Connecticut, having its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance &.Executive Committee of the.Board of Directors of the said Company on the.1.0th day of August. 1993,to wit: "RESOLVED,that the President, Executive Vice"President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. ,. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint Tom Mccall Victoria M. Campbell Janina Monroe its true and lawful attorney(s)-in-fact, .-Mh full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf,as surety, any and.all bonds and undertakings of suretyship,and.to.bind Gulf Insurance Company thereby as fully and to the.same extent as if any bonds,undertakings and.documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company . and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed:' The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �\�S�AAricE�o�A GULF INSURANCE COMPANY o� G�PP0Q�lF YL SEAL P STATE OF NEW YORK SS ��NECt��J� COUNTY OF NEW YORK Lawrence P.i\finiter Executive Vice President On this 1st day of October, AD 2001. before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen.State of New Jersey;that he.is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said.corporation;that the seal affixed to the said instruments is such corporate seal; that it was to affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. 9 A G .ANGLE�LAHABIR-BEGaZO STATE OF NEW YORK SS UB�� �� Notary Public,State of New York COUNTY OF NEW YORK Op N No.OINIA6019988 Qualified in Kings County Commission Expires February 16,2003 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fore. Signed and Sealed at the City of New York. \aSUPANr:coAyA Dated the DEC 2 3 20C% day of 20 J� pPPo.w j� � f SEAL George Biaccardi JeniOr Vic Preside... MONUMENT BOND FOR TRACT 15549 PLC/LYON WATERFRONT RESIDENTIAL LLC; a Delaware limited liability company By: PLC WATERFRONT LLC, A Delaware limited liability company, its manager By: PLC Homes LLC, a Delaware limited liability company, its Bole member By:��w,,�:= Ccxxl -- Its: TF-F'qi yr43T By: Its: By: LYON WATERFRONT LLC, A Delaware limited liability company, a member By: WILLIAM LYON HOMES, INC., A Califo 'a corpo tion, its sole member By: Its: Carl S. Morabito istant Secretary By: Its: h6mas J. M tchell enior Vice President STATE OF California* SS. COUNTY OF Orange On OEf 2 3 2002 , before me, Janina.Monroe, Notary Public PERSONALLY APPEARED Victoria M. Catttpbeil 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 acknowl- edged 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 .U►Nltvq MO�IROE the instrument. Hot mmPutilieI 1;6 485 z ry California Z orange County — WITNESS and and official seal. Nycorr: liras jun 7006 Signalize This area for.Offacial Notarial Seal OPTIONAL Though the data below is not required by taw, 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 TITLE OR TYPE OF DOCUMENT . TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE )o-081 rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas. pursuant to the fofloviling resolution, adopted by the Finance & Executive Commiaee of the Board of Directors of the said Company on the 10th day-of August.1 1.993.to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons.firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President. Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future\vith respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Tom Mccall Victoria M. Campbell Janina Monroe its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign, execute,acknowledge and deliver in its behalf, as surety, any and all.bonds and undertakings of.suretyship,.and to bind Gulf,Insurance Company thereby as fully and to the same extent as.if_ any bonds;undertakings and documents relating to such bonds.and/or undertakings were signed.by the duly aLhorizetl officer the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authcrit`/herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000.000) dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. GULF LNSURANCE COMPANY �va5U 4CE ok, v PP o;tgr� " t SEAL P �� STATE OF NEW YORK } $S ?;rcl\�J~ Lawrence P.NIiniter COUNTY OF NEW YORK J Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen,State of New Jersey;.that he is the Executive Vice.President of the Gulf Insurance Company,the corporation described in and which executed the above:instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. �c=�0Tq,9,� o STATE OF NEW YORK SS 7 10 \G�� ANGLE ivIAH_A-BIR-BEGAZO (/8 1 O Notary Public,State of New York COUNTY OF NEW YORK OF Nc No.OINLX6019988 Qualified in Kings Countv Commission Expire February 16,2003 I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. ttCEC Dated the DEC 2 3 2002 day of 20 Signed and Sealed at the City of New York. F V�F70 PA,rF Y. <SEAL r h George Bianeardi --_- Se ;or Z'ic_ President LABOR AND MATERIAL BOND FOR TRACT 15549 PLC/LYON:WATERFRONT RESIDENTIAL LLC, . a Delaware limited liability company By: PLC WATERFRONT LLC, A Delaware limited liability company, its manager By: PLC Homes LLC, a Delaware limited liability company, its sole member By: 64-t-- 6(6')(— Its: af""iI By: ,1 Its: Syrz�Gc� By: LYON WATERFRONT LLC, A Delaware limited liability company, a member By: WILLIAM LYON HOMES, INC., A Califo corporation, its sole membe By: Its: 1 . 8 d - tant Secretary By: Its: Tfliomas J. Mitchell Senior Vice President 486/017963-0002 _ 354686.01 a12/19/02 —3 • AMER • I C, } STATE OF CALIXRNIA }ss. COUNTY OF On before me, Rob M. Kerp personally appeared Christopher G. Gibbs a.�j Daniel O'Bannon personally known to me er ^ to be.the person(s) whose. names are subscribed to the Within instrument and acknowledged to me that �thxecuted the same in his rt�heirhorized capacity(ies), and that by his /their ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE S my han nd official seal. Sign 3t re ROBERTA M.KERN C-010M.# 1283372 cary Public-California �:. Oranae County Mv Ccmm.Expires .� Cr'EMBER 6, 2004 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On December 20, 2002 before me, Susan E Menard, Notary Public, personally appeared Carl S. Morabito and Thomas J. Mitchell personally known to me - OR = proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal:: OFFICIAL SEAL SUSAN E.MENARD NOTARY PUBLIC-CALIFORNIA �? COMMISSION#1234016 C ORANGE COUNTY My Commission Exp.Sept S,2003 t-p Signature of Notary I STATE OF California SS. COUNTY OF Orange On DEC. % 3 2" : , before me, Janina.Monroe, Notary Public PERSONALLY APPEARED Victoria M..CatitEibell. 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 acknowl- edged 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. lANINA MONROE Commisaion#1362485 Notary Public-Caiifomia WITNESS my hand and official seal. Orange County MY Comm.ExPln4o Jun 25,2oM Signatu This area for Official Notarial Seal. 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTRY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND ..SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 800.01 • BOND N0. B34224613 PREMIUM Incl. In Perf.. Bone LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach, State of California, and PLC/Lyon Waterfront Residential .LLC (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 #15549 is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title.15 (commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of one Million Eighty Two Thousand Five Hundred & No/100ths dollars ($ 1,082,500.00 1;for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by"City"in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner mn ,�ryT j APP1?Ovin r-.,n 8090 affect its obligation on this bond, and it does hereby waive notice of any such change,extension, alteration or addition. In witness whereof,this instrument has been fully executed by the principal and surety above named,on December 23 ,xtj 2002 PLC/Lyon Waterfront Residential LLC , as Principal By: See attached signature block By: Gulf Insurance Company . , as Surety By: Victoria M. Campbell BY: Attorney-In-Fact STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. ...WITNESS MY HAND :SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN :COUNTY (NAME PRINTED) MY COMMISSION EXPIRES STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES 8090.01 . 2 9090 • AMER • � � IC } STATE OF CAQFPRNIA }ss. COUNTY OF On �,� --R6, ;a-Oc'dL,, before me, RCbeft M. Kerq , personally appeared Christopher C. Gibbs Daniel O'Bannon personally known to me (eF -^V to be.the person..(s) whose name(s) ' are subscribed to the within instrument and acknowledged to me that hefs�theyxecuted the same in hi their horized capacity(ies), and that by hisft %t eir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITN 5 my hand and official seal. Signature as.e-t,C� A 708E9TA M.KERN r COMM-# 12 72 (n . °ynr_�rr..'UNiC't 8!�Cf 110 r na County �T My Comm.Exo.es .i DECEMBER 6.2004 v (This area for official notarial se Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company STATE OF CALIFORNIA ) COUNTY OF ORANGE On December 20, 2002 before me, Susan E Menard, Notary Public, personally appeared Carl S. Morabito and Thomas J. Mitchell personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and.official.seal: OFFICIAL SEAL ~ NOTARY PUBUC CAAUFORNIA � COMMISSION#IM4018 C ORANGE COUNTY + Nlr Oommiesion Exp.Sept 6,2003 Q�lil Signature of Notary a low lqw Su ilyINSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: Chris Mendoza, Risk Management 2. Date: January 8, 2003 3. Name of contractor/permittee: PLC Land Company 4. Description of work to be performed: Public improvements inicuding new water, sewer and storm drain lines, streets and water quality improvements (aka Waterfront residental ro'ect 5. Value and length of contract: $2,165,000: February 2003 - September 2003 6. Waiver/modification request: $50K General Liability deductible/occurrence 7. Reason for request and why it should be granted: Unable to comply with City's zero deductible requirement 8. Identify the risks to the City in approving this waiver/modification: None. Department Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the City Attorney's Office disagree. 1. Risk Management 40 Approved El Denied A � Signature Date 2. City Attorney's Office Approved ❑ Denied — Signature Date 3. City Administrator's.Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services 1...........-- 0 4/OMM9 0.9A AAA 01/07/2003 12:23 949 729 1214 4 917143741597 NO.853 D03 04/06/2003 18:27 FAX 415 149 4110 RETRO/RISK SAN FRANCISCO • 1b002/003 ACD�-- CERTIFICATE OF LIABILITY (INSURANCE W gr fifff W gayrUMI SUff"MA1INICNFEOSR ONLY A NaOAli MM uaaN T 0 0 MMO/R=t>1a ADorm, "s C MCAW as NW aA 730 sattery Stseet,Soft So Sat►Ftarifto.CA 94111 IN6dlAER3 AFFQRaINAOOVF.fiAQ NA1C0 •+aul�s R.: ' IIyOWIEA� PW/Ly w iott VidenbaL Lic i9 CoRarate Plana " "D1 wSLI�R E THE FOUMEB OF drB6VK9 UM BELOW NAVO GWN MID TO THE WOURED NAMED AWVV FOA THE POLICY PERIOD INWWITED.NWWMH8TANDFNO ANY WXjVQjMW,TBQM OR CONOMM OF ANY CONTRACT on OrHER DOGUMMY WITH FL%PBOT TO WHICH YH}9 CEpi MATE MAY BE GSM OR MAY 08FITA►µ THE DOLUM ME AF1 MED BY THE C{�8 O ICRINo NON N1 SMWT TO ALL THE TEAMS.M U904 AND GONOMM OF SUC14 POLICIES.a4RB*M LIMITS BMOWN MAY HAVE 9EFW E BY PAID CI Aims rantowkwMIL— NYIl1 LOAM— YA�RY M A Y c 03GI.p1009M 01/01/03 Ol/41/04 DAIMIFIYOE � CM11 1EOEW►i��ltsti MN c RmaE Mn *curia A NO MR: � ueTs- Ap i >oo AIR"Nwumnirl MOI SMIGLEUMpT ApY Aiiro � SPSOULOAVM A1�CWNF:pwTO! sm#wo6 NogawhEDAu109 I��oo#m i .. �a�or,weR auiAasu►elF.m► Auro�r•aAAcc�MR � A»rwTo o itiw► c.gce : AVY; ANA !9>tAA1911ei.LiL R�IY t't OCCUR L_j CMM Mage i eea.,crlel e s i WPLOr@gQ uat1N4TY Oppppq�p(ypp l.L.GOM AEC�OEIR i AFrPoCiAAtIFirlpiN6W� -LLRjAf 61 -POLICY�RIR i �R T1p1 a>:ovpin�ls/LOCATgM/rpllgEpl®LpL�lY101g A4fl�MY/ IIHIf IElQQALMIOYI�IOAW See attached sdditiwW insw:ed endorsement with aspect to General Liability. CANNUAMN Lily of Himbogion leach mrouLoamov�neMoveOEtCMOEe IlsuulccLL�le�ale ellwllATm11 Attu: "To Tsmap.THE 1 pim Im "Nor xft OArs w moF Z00011�ain Street aim wq?WOAn,M omw Ramo ow MV Htlntittgtan Beach,CA 92646 " _:I �' Fax: 714 374-ISW id lmOtlot) � 1YN 1f 12:23 949 729 1214 917143741597 NO.1353 PO4 OVOV2603 15:27 PAX 416 249 01>• ISM/RISK SAN FROCISCO • 0003/003 Additional Insured - Qwnem, L99ee99 or Contractor (Form g) W 20 10 1185 Ply Amendment 0411etat Llab ft Insured Policy Number PLC tad Company Rvatuton Insurance Co. PLC/Lyon Waterfront}ics9dential, I.I:C 03GLP1005995 19 Corporate Plaza Nwvport Beach,CA 92660 ProauCer , Effective pate ME=/RISK,km of/01/03tom/01/04 7w lathery Sheet,Suite 550 Sort Frawkw,CA %111 Schsdule Name of Person or DratrMMIGn Ci►y of Hundngtwt Bea*its offlows,of icu",eu7loye0,agents and voimtum 20M blAW Street HundngM leach.CA 92648 (It no entry appears aboVs,Itdormallon required to complete this Endomamant wtii be shown'in the ftistations w applicable to this I Worsetnenl_) Who Is an Inuawl(Section 11) is amended to include as an insured the person or'orpttntmtton shown in the Usduie,but only with respect to Ilabiliy erlsing out of your work for that insured by or for you. This Inaurenw is prin". i drlan Marx i Vice President I _ I i I ewP ACORDn -CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDnYYY) 7/13/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION METRO/RISK,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 750 Battery Street, Suite 550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco,CA'94111 INSURERS AFFORDING COVERAGE NAIC# INSURED INsURERA_ Evanston Insurance Co. 35378 PLC Land Company INSURER B: Lumbermen's Mutual Casualty Co. 22977 19 Corporate Plaza INSURER c: Newport Beach,CA 92660 INSURER0' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANfV ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED%-. 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. NSR VD-IFL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION6MMM- TYPE OF INSUISANCE LIMITS GENERAL LIABILITY -EACH OCCURRENCE $ 1g A COMMERCIAL GENERAL LIABILITY 02GLP1005795 01/01/02 01/01/03 PREMISES Eaoccurence $ 0,00 CLAIMS MADE ac___I OCCUR Commercial MED EXP(Any one person) $ Exclud ed— X - General Liability PERSONAL&ADV INJURY $ 1,000,0()0 GENERALAGGREGATE S--27OO rlo GEN•L AGGREGATE LIMIT APPLIES PER: -PRODUCTS-COMP/OPAGG $ �+ 0,000 POLICY PRO- LOC AUTOMOBILE LIABILITY (COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALLOWNEDAUTOS BODILY INJURY $ SCHEDULEDAUTOS 5 0 FUN:' (Perperson) �• I HIRED AUTOS gFFROVED Clta Ott O e BODIL UIL MTTON, (Peracddent) $ NON-0WNEDALITOS fit;Ong , gy: Deputy_ C Lty - PROPERTY DAMAGE I$ (Peracdclent) GARAGE LIABILITYL/ AUTO ONLY-EA ACCIDENT S ANY AUTO nr, =� 10THERTHAN EA ACC S i —'•.l i j% AIZ; i+ AUTO ONLY: AGG S EXCESMMBRELLAUABIUTY I-'`'.I EACHOCCURRENCE Is JOCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION S I S WORKERS COMPENSATION AND WCSTATU OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT S ANY PROPRIETOR/PARTNER/EXECUTIVE B OFFICEFVMEMBEREXCLUDED? 3BA086398-00 04/16/02 04/16/03 E.L.DISEASE-EA EMPLOYEE S If es,describeunder SPECIAL PROVISIONS below I EL DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL-PROVISIONS See attached additional insured endorsement Z�l (6. IL CERTIFICATE HOLDER CANCELLATION City of Huntington Beach' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION r,... Attu: Sarah DATE THEREOF,THE ISSUtNG"INSURER WILL af� "L� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,Bt 2000 Main Street Huntington Beach,CA 92648 t"co�gr �` gf�A` ` e�c+ sa®�s>sz�z Fax: 714 374-1590 AUTHORIZED REPRESENTATIVE -T ACORD 25(2001/08) ©ACORD CORPORATION 1988 01/072003 12:23 949 729 1214 917143741597 NO.653 D01 �Ic January 7,2003 Ma.Chris Mendoza VIA FAX: 714 374-1597 Risk Management 2000 Main Street Huntington Beach,CA 92649 I Subject; Request for Waiver of Deductible PLC Land Company and PLC/Lyon Waterfront Residential LLC Cenral Liability Policy No. 03GLP1005795 Dear Chris: PLC Land Company requests approval of a waiver of the City's"to deductible"tequiremem on our general liability policy. PLC began work in.the City of Huntington Beach in 1996 and has conswwred over S40 million in public inkestructm improvements for the City. Ow general liability policies,in past years have included a$25,000 deductible provision. In light of the ever-changing imwww industry requirements, our 2003 policy now includes a $50,000 deductible, which is relatively small for the amount of the policy and the work PLC does. The Waterfront Residential Project (Tract No. 15549) is a 184-unit attached residential development located adjacent to the new Hyatt Resort at Beach Boulevard and Pacific Cam Highway. PLC/Lyon will be responsible for construction of$2,165,000 in public improvements, inchui ng new water, sewer and stoma drain lines, street and water quality improvements. We as ticipate beginning this construction work m February 2003 and completing the work by September 2003. Please call me if there is any additional information I can provide. Final Tract Map No. 15549 is scheduled for the January 21, 2003 City Council agenda,so your prompt attention to this request would be greatly appreciated. very truly yours, William D. Holman Director of Planning 16 C"Dwe Plaza Orwe 948.7213M Tole ft* PLC Land Company Newport Beach,Colftla M60 949.729.1214 Fa * I or rIUD TIC � '� WLEi1DEDL7T5 TRACT No. 15549 °A' 1,MA AOIS AET - - f70EL1TY NITIOSLL TITLE L9PANT I'TIIn01 T AD'M'AD ®' ALL Or WITATIyE INDICT AW 194 IN ThE CITY OF RNTINGTON BEACH, COWTY OF WANGE, STATE OF CALIFORNIA DAff DAIE Cr RRVIT' fL81111R17001 LIAC A 4n1Y1ST01 OF A PORTION Or SECTION I8,T0W9 M NP 8 SC M, TIRE FEE f rS RAW I I T.IN llE RA a AW REMINDED LAS BMW. IN MW St. I/67AllENT/ . PAW 1 8 Cr NISC LLAte"LAPS,RL705 OF CRUI E CCLPM AIM ff1AG A PWION or DMT LAW SI M AS TIE'DUIDLATED ALWIAW*ON 94P OF ' TMCT 10. 19.E FILM IN BOCK M.PAGO AA TNDAF SD.DCLLSIVE? 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