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Home My WebLink AboutApproved Final Tract Map No. 17661 and Subdivision Agreement /01"1 NTINGrO _ City of Huntington Beach ``�o�c•• ?��. 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov .«.W :' ��v�'•• '�o�fs Office of the City Clerk FcOuNTY•C,`"jlol Robin Estanislau, City Clerk January 17, 2019 Orange Coast Title Company 3536 Concourse Drive, Suite 120 Ontario, CA 91764 Attention: Manuel Villalobos (909) 987-5433 Re: Order No.140-1863566-32 Tract Map No. 17661 Ed Bonanni, Bonanni Development, Inc. (7262 Garfield Avenue) The City Clerk's Office has prepared Final Tract Map No. 17661 (Bonanni Townhomes - 7262 Garfield Avenue) to be recorded with the County. Please have a copy of the recorded map returned to the Steve Bogart, Public Works Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648. 9'4.billOsittU) Ro in stanislau, CMC City Clerk RE:ds Enclosure c.A-G� -t- Received by: \C k" ` i 1;14-1( ._ <...---t.:_— Teiv---47 ---- Date: /- < j - 0 . Sister Cities: Anjo, Japan • Waitakere, New Zealand g:/followup/tract/escrow pick-up.doc CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Patty Esparza, Assistant City Clerk FROM: Steve Bogart, Senior Civil Engineer/ DATE: October 4, 2018 SUBJECT: TRACT MAP 17661 BONANNI TOWNHOMES (7262 Garfield Avenue) THE ATTACHED ORIGINAL TRACT MAP IS READY FOR RECORDATION. Please Contact the Title Company listed below and request that they pick-up the attached Tract Map. At the time of pick-up please forward a copy of this memo and the attached Tract Map and request that they obtain all necessary County of Orange signatures and record it for their client. Title Company: Orange Coast Title Company Street Address: 3536 Concourse Drive, Suite 120 City, State,and Zip code: Ontario, CA 91764 Contact Title Officer: Manuel Villalobos Telephone Number: (909) 987-5433 Email: mannyv@octitle.com Commitment/Order Number: 140-1863566-32 Client: Ed Bonanni Bonanni Development, Inc. Address: 5500 Bolsa Avenue, Suite 120 Huntington Beach, CA 92649 (714) 892-0123 Surveyor: Donald. G. Baker,PLS Emerald Engineering 18600 Main Street, Suite 160, Huntington Beach, CA 92648 Phone: (714) 848-4551 Regarding: BONANNI TOWNHOMES (7262 Garfield Avenue) Upon the City Clerks receipt of the recorded copy of documents, please send a copy of the Tract Map to all contacts listed below: I. County of Orange Resources& Development Management Department 300 N. Flower Street Santa Ana, CA 92702-4048 Attn: Lily Sandberg, Orange County Surveyor's Office 714-967-0846 2. HB Planning Department Attn: Nicolle Aube 714-374-1529 3. HB Public Works Department Attn: Steve Bogart 714-374-1692 ° ki CITY OF HUNTINGTON BEACH Inter-Department Communication 43 IP Community Development Department TO: City Clerk VIA: Ursula Luna-Reynosa, Community Development Director IA FROM: Jane James, Planning Manager DATE: January 17, 2019 SUBJECT: NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT MAP NO. 17661 AND AUTHORIZATION FOR RELEASE FOR RECORDING TRACT NO. _17661 PARCEL MAP NO. N/A PARK AND RECREATION FEES PAID: ❑ YES: $ X NO X OTHER: Park and Rec fees due prior to final building permit DEVELOPER: Bonanni Development 1 RECEIVED BY: • 410 CITY CLERK RECEIPT COPY ( 1 / 1 Return DUPLICATE to / ` City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk �,7 DATE: I2/I7 ///� SUBJECT: Bond Acceptance _ I have received the bonds for I D �/dl tl"l �¢ ��: l,��f'Z'1 + ( (�'�S ! ( �f �i t� �'�J (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. ...Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. 11 2 -01 Labor and Material Bond No. H 2 2 0 I V Guarantee and Warranty Bond No.• qq Monument Bond No. 1-1`1 2 )I} Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. 11 t.OU Approved it ! I I / I KirMp • (Council Approval Date)tt ,, CC No. Agenda-Item No. tq .1`-tvI��,Y MSC No. City Clerk Vault No. 2 C^• U Other No. SIRE System ID No. 3 i S g:/forms/bond transmittal to treasurer RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION igto TO: City Treasurer FROM: City Clerk Q DATE: 12'I I'7 l/D SUBJECT: Bond Acceptance I have received the bonds for Biona 1VL �ivel o �iVl 4 36 C(ms I I U ho-YU ( ompany Nam ) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. 1-11-122_0 I GO Labor and Material Bond No. H y 2,2d I u Guarantee and Warranty Bond No. Monument Bond No. t'IL 22©(1 Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. I110(11 Approved 11/ I'l / I (Council Approval 'Datt e) CC No. Aa��l No. �� °4�tt� MSC No. City Clerk Vault No. q 2,C. L Q Other No. SIRE System ID No. g:/forms/bond transmittal to treasurer /1//(0 L�r ✓G=. , 4fav&-1% -d City of Huntington Beach File #: 18-446 MEETING DATE: 11/19/2018 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve Final Tract Map No. 17661 and Subdivision Agreement between the City and Bonanni Development for a 10-unit townhome subdivision at 7262 Garfield Avenue Statement of Issue: Transmitted for City Council consideration is Final Tract Map No. 17661 for the Bonanni Townhome Subdivision by Bonanni Development at the southeast corner of Garfield Avenue and Gothard Street. This subdivision map consolidates three parcels into one lot for condominium purposes in order to develop 10 for-sale attached townhome units. Financial Impact: Not applicable. Recommended Action: A) Approve Final Tract Map No. 17661 and accept the offer of easements pursuant to findings and requirements (Attachment No. 1); and, B) Approve the Subdivision Agreement (Attachment No. 6) and accept bonds (Attachment No. 7) between the City and Bonanni Development & JB Construction, a California Partnership and authorize execution by the Mayor and City Clerk. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Continue Final Tract Map No. 17661 and direct staff to return with findings for denial to reject the offer of easements, Subdivision Agreement, and bonds. 2. Continue Final Tract Map No. 17661 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: City of Huntington Beach Page 1 of 3 Printed on 11/15/2018 powered by LegistarTM • File #: 18-446 MEETING DATE: 11/19/2018 Applicant/ Property Owner: Ed Bonanni, Bonanni Development Inc., 5500 Bolsa Ave., Suite 120, Huntington Beach, CA 92649 Engineer: Donald G. Baker, PLS, Emerald Engineering, 18600 Main St., Suite 120, Huntington Beach, CA 92648 Location: 7262 Garfield Avenue (southeast corner of Garfield Ave. and Gothard St.) General Plan: RM-sp (Residential Medium Density - Specific Plan Overlay) Zone: SP-9 (Holly - Seacliff Specific Plan) No. of Acres: 0.63 net acres No. of Numbered Lots: 1 No. of Lettered Lots: 0 No. of Units: 10 B. BACKGROUND: On October 11, 2016, the Planning Commission approved Tentative Tract Map No. 17661 to consolidate three parcels totaling approximately 0.82 gross acres (0.63 net) into 1 numbered lot for condominium purposes in order to develop 10 for-sale attached townhome units. The Planning Commission discussed conditions of approval and code requirements related to parking and storage. A motion made by Kalmick, seconded by Crowe, to approve Tentative Tract Map No. 17661 with findings and modified conditions of approval, carried by the following vote: AYES: Crowe, Kalmick, Semeta, Brenden NOES: Pinchiff ABSTAIN: Mandic ABSENT: Hoskinson City of Huntington Beach Page 2 of 3 Printed on 11/15/2018 powered by LegistarTM File #: 18-446 MEETING DATE: 11/19/2018 Motion Approved C. RECOMMENDATION: The final map has been examined and certified by the City Engineer as being in substantial compliance with the conditions of approval of the tentative map, as approved by the Planning Commission on October 11 , 2016. Also presented for City Council approval and acceptance are the required Subdivision Agreement (between the City and Bonanni Development & JB Construction, a California Partnership) and Bonds pursuant to the Huntington Beach Zoning and Subdivision Ordinance and the Subdivision Map Act. Environmental Status: The action to accept Final Tract Map No. 17661 is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15268(b). Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Findings and Requirements for Acceptance of the Final Map 2. Vicinity Map 3. Final Map No. 17661 4. Notice of Action for Tentative Tract Map No. 17661 with Findings and Conditions of Approval 5. Tentative Tract Map No. 17661 6. Subdivision Agreement 7. Bonds (Faithful Performance, Labor and Material, Monument) City of Huntington Beach Page 3 of 3 Printed on 11/15/2018 powered by LegistarT"" ATTACHMENT # 1 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 17661 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 17661 conditions of approval, as approved by the Planning Commission. Requirements: 1. Accept an easement for Street and Public Utility purposes over Garfield Avenue and Gothard Street. 2. The City Clerk shall affix her signature to the map and release it for recordation by the County of Orange. ATTACHMENT #2 ' ' �t 4 � � 1V y; C. - i_. Irditr • `r a— , - ;- � f n ( .- ^°� -;, . - M, 1.... . -...rr raw '� ;A t WI : --'--- ' -.....--... :4'44.- ..:-• Wii-4:::::::-• •l'"'.ii:::..:„:.‘-!:'44---...° '•'- .: - ' :. : :- , .." t •. : # :! :11414 _ 5 .. • per. $ • �l' ' • • • 1y� '4's-! ',�.' .% '$ • r z... --TM •k y,+yr ,fit •F 1R C yt$ a *.c . '... ' .4.1, t .r 1'• .sr7 — ` y' V' ` a1iIt 1 It �- . " 4 6 _^ r+ .•,ary r `e.�� t r .^ 9+ r - . 3 x it eVi Lr`wl �� Ty9 4'rrk; ...� , ` . ,4 `[ 4 .'. rt rw `� "ti 't2'ik -- .. Pam! , - ay _ 1,.. Is pie 4 `,.? 'r '_--'7.., —. . — -r- i'*,•, 4 ,-, -,;tit" Itnn I'- '. � jI • ' 1' 5 1i�, '.++'' - : { ',n .—+ rir„.4.4.,.. , . .. .- , • , ,: .,% 1 v ate. t. ....gam . ,,,,,,o,,_,, k-- ' , I,. :..,',4u.__,..,• # :,, -- ---4--f '4- -''''--- ' e- --t dir I,' r4mu. mfiltr a a i.« t� - '._ _ . +'• , 1. ,' ; h' C 'I a .` 4• .+ '47 4 a '' .r - h Y ,.[� 't �,;, - r 26 i 6 _� t 7 ! . i °' 'r = r ' per°— '�— z� rot i�.�' a �- .A [ �,. ,' _ spot r ATTACHMENT #3 ACCEPTED AND FILED AT THE SHEET 1 OF 4 REQUEST OF NUMBERED LOTS: 1 TRACT NO. 17661 ORANGE COAST TITLE COMPANY TOTAL UNITS: 10 GROSS AREA: 35932 SO. FT. DATE NET AREA: 27695 SO. FT. IN THE CITY OF HUNTINGTON BEACH DATE OF SURVEY: FEBRUARY 1, 2017 COUNTY OF ORANGE,STATE OF CALIFORNIA. TIME FEE$ ALL OF TENTATIVE TRACT MAP NO. 17661 BEING A SUBDIVISION OF LOTS 9, 10, 11, 12, THE WEST ONE HALF OF LOT 8, INSTRUMENT NO. A PORTION OF LOT J9,BLOCK B,GARFIELD STREET ADDITION TO HUNTINGTON BEACH, KM 7/27 AND A PORTION OF LOT 1, TRACT NO. 16846,M.M.887/4-6. BOOK PAGE MAY 2017 HUGH NGUYEN EMERALD ENGINEERING CLERK-RECORDER DONALD G. BAKER L.S. 4683 BY DEPUTY OWNERSHIP C 77F1CATE' SURVEYORS STATEMENT WE, THE UNDERSIGNED,BEING ALL PARSES HA VSVG ANY RECORD TIRE INTEREST THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A IN ME LAND COVERED BY THIS MAP,DO HEREBY CONSENT TO THE PREPARATION FIELD SURVEY IN CONFORMANCE WTH THE REQUIREMENTS OF THE SUBDIVISION AND RECORDATION OF SAID MAP,AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF ED BONANNI IN FEBRUARY 2077. • I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS WE ALSO HEREBY DEDICA TE TO THE CITY OF HUNTINGTON BEACH: INDICATED,OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS OF RECORDA 7TON 1.AN EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES OVER AND THAT SAW MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. • GARFIELD AVENUE AND GOTHARD STREET I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. • BONANNI DEVELOPMENT/✓B CONSTRUCTION,A CALFORNA SAL PARTNERSHIP. '��[7 OWNER. ,/,//�� „/n„ aSEp``LRND SU'PG DONALD G.BAKER o?"' G o L.S.NO. 4683 p EDWARD C.BONANNI GENERAL PARTNER OF BONANNI OEA£LQ'IRNT/JB CONSTRUCTION EXPIRA TON DATE 9-30-19 * x * • COUNTY SURVEYOR'S STATEMENT e�DF CAUFpQ�e DHN BONANN/GENERAL PARTNER OF BONANNI onno°1IENT/.B CONSTRUCTION I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED W77H AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT NOTARY ACKNOWLEDGEMENT DATED THIS DAY OF ,2D_ KENN R.HILLS COUNTY SURVEYOR C.S.6617 A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS O>:RTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DIXXNENT 70 WHICH THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS ACCURACY,OR VALIDITY BY:LILY M.N.SANDBERG,DEPUTY COUNTY SRVEYOR OF THAT DOCUMENT. P.LS.8402 STATE OF CALIFORNIA ) SS COUNTY OF ()ran y e ) CITY ENGINEER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE ON M y H 2o 18 BEFORE MO 7ewn t re A w,ev a II- �pN SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP,IF REQUIRED,AS �/ pc FILED WITH,AMENDED,AND APPROVED BY THE CITY PLANNING COMMISSION; 7HAI ALL PERSONALLY APPEARED VE„/i,:wr,d C.(3 o Z74, E Bonnnnl PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS WIG PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) HAVE BEEN COMPLIED WITH. WHOSE NAME(S)T5/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEOGED TO ME THAT 11E/511E/THEY EXECUTED THE SAME IN M4/eR/IHEJR AUTHORIZED CAPACI Y(IES), DATED 7H15_(� DAY OF A UST 20� 0E14 �AND THAT BY I,CS/l'/THEIR SIGNATURE(S)ON THE INSTRUENT THE PERSLN(S), l' Y�OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED 771E .��.��((((////// �� T ,.INSTRUMENT _ (�2., 1�LLl CER RFT UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THATTHOA♦`AS M.HfR EL ��THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. CITY ENGINEER + y`CITY OF HUNTINGTON BEACH �q.oviv IIINESS MY HAND: R.C.E.NO.5JJ00 Fr EXPIRATION DATE 6-30-19 SYCNATURE ��iI G ,4��r�ipQ MY PRINCIPAL PLACE OF 07ARY PUBLIC IN AND FOR SAID STATE BUSAfA IS IN 0ra n p'E CITY PLANNING COMMISSION CERTIFICATE N�. d I JANE JAMES,INTERIM SECRETARY TO THE PLANNING COMMISSION,OF THE CITY OF COU HUNTINGTON BEACH,CALIFORNIA,DO CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE MY COMMISSION EXPIRES Not/.S,]o.T'1 FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP FILED W171-1, TOGETHER WITH ANY AMENDMENTS THEREOF AND APPROVED BY THE CITY OF HUNTINGTON BEACH, PLANNING/BUILDING DEPARTMENT NOTARY ACKNOWLEDGEMENT DATED THIS * Q DAY OF � V L{ 20� A NOTARY PUBLIC OR 07HER OFFICER COMPLETING THIS CERT7FICA TE VERIFIES tt� J ONLY 7HE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS JA JAMER CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS,ACCURACY,OR VALIDITY INTERIM SECRETARY TO THE PLANNING COMMISSION OF THAT DOCUMENT CITY OF HUNTINGTON BEACH STATE OF CALIFORNIA ) CITY CLERK'S CERTIFICATE SS COUNTY OF ) STATE OF CALIFORNIA) SS COUNTY OF ORANGE) ON BEFORE ME, 1 HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY PERSONALLY APPEARED COUNCIL OF THE CITY OF HUNTINGTON BEACH AT A REGULAR MEE77NG THEREOF WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE ME PERSON(S) HELDR AND THAT THEREUPON SAID COUNCIL WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED DID,D, ON THE DAY OF BY AN ORDER DULY PASSED AND£N7ERED,0,APPROVE SAID MAP. TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(/ES), AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF HUNTNGTON BEACH: AND THAT BY HIS/HER/THEIR SIGNA TURE(S)ON THE INSTRUMENT THE PERSON(S), 1. THE EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES OVER OR ME ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE GARFIELD AVENUE AND GOTHARD STREET AS DEDICATED. INSTRUMENT. • I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT AND DID ALSO APPROVE THE SUBJECT MAP PURSUANT TO THE PROVISIONS THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. OF SECTION 66436(a)(3)(A)OF THE SUBDIVISION MAP ACT. WITNESS MY HANG: DATED THIS_ DAY OF ,20_ SIGNATURE MY PRINCIPAL PLACE OF NOTARY PUBLIC IN AND FOR SAID STATE BUSINESS IS IN ROBIN ESTANISLAM CITY CLERK OF BY: DEPUTY COUNTY. THE CITY OF HUNTINGTON BEACH MY COMMISSION EXPIRES.' COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE: STATE OF CALIFORNIA) SS COUNTY OF ORANGE) EdARYAID SIGNATURE OMISSIONS AA77TE$$ • I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE SEE SHEET 2 OF 4 NO LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE,COUNTY,MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES • IMPROVEMENT CERTIFICATE, ON THE LAND COVERED BY THIS MAP. PURSUANT TO THE PROVISIONS OF SECTOR 66411.1 OF THE SUBDIVISION DATED THIS DAY OF ,20 MAP ACT NOTICE 15 HEREBY GIVEN THAT ALL REQUIRED IMPROVEMENTS WILL BE CONSTRUCTED PRIOR TO FINAL INSPECTION. GARFIELD AVENUE AND GOTHARD STREET. SHARI L.FREIDENRICH • BY COUNTY TREASURER-TAX COLLEC TOR TREASURER-TAX COLLECTOR SHEET 2 OF 4 - NUMBERED LOTS: 1 TRACT NO. 17661 TOTAL UNITS: 10 GROSS AREA:35932 SO. FT. NET AREA:27695 SO. FT. IN TI-E CITY OF HUNTINGTON BEACH DATE OF SURVEY: FEBRUARY 1, 2017 COUNTY OF ORANGE,STATE OF CALIFCF IIA. ALL OF TENTATIVE TRACT MAP NO. 17661 BEING A SUBDIVISION OF LOTS 9. 10, 11, 12, THE REST ONE HALF OF LOT 8, A PORTION OF LOT 39,BLOCK B,GARFIELD STREET ADDITION TO HUNTINGTON BEACH, M.M.7/27 AND A PORTION OF LOT 1, TRACT NO. 16846,M.M.887/4-6. MAY 2017 EMERALD ENGINEERING DONALD G. BAKER L.S. 4683 B61EJGY,4RY SUN NEST BANK,BENEFICIARY UNDER A DEED OF TRUST RECORDED MARCH 2 2017,AS INSTRUMENT NO 2017000089170,OFFICIAL RECORDS C8/RU p, s4P NOTARY ACKNOWLEDGEMENT: A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO RHICl1 THIS CERTIFICATE IS ATTACHED,AND NOT THE TRUTHFULNESS ACCURACY,OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA ) SS COUNTY OE ()(A p ) ON /,/ o- A D0 7e18BEFORE re A-ti1arcgI/ PERSONALLY APPEARED cle 0. Bishop RHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(§) VHOSE NAMES)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED ID ME THAT H/S/AR IE'EXECUTED THE SAME IN HIS/HER-AVER AUTHORIZED CAPAC/TY(JES), AND THAT BY H/S/HERITHETR SIGNATURES)ON THE INSTRUMENT THE PERSONN OR THE ENTITY UPON BEHALF OF WHICH THE PERSON/S,�ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND: SIGNATURE I pG<O A. MY PRINCIPAL PLACE OF Nir2ARY PUBLIC IN AND FOR SAID STATE BUSINESS IS IN (?r,„y:qr COUNTY. MY COMMISSION EXPIRES Azov f1,UoO1 901147URE OAR9S0A9 PURSUANT TO PROVISIONS OF SECTION 66436(a)(3)(A&C)Or THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED. 1.CITY OF HUNRNGRIN BEACH,HOLDER OF AN EASEMENT FOR STREET PUBLIC UTILITIES AND INCIDENTAL PURPOSES BY DEED RECORDED SEPTEMBER 11, 1974/N BOOK 11240,PAGE 468. OFFICIAL RECORDS 2 PACIFIC COAST HOMES A CALIFORNIA CORPORATION HOLDER OF AN EASEMENT FOR PIPELINES,INGRESS AND EGRESS BY DEED RECORDED MAY 9, 1996 AS INSTUMENT NO 1996-234 73 7, OFFTCTAL RECORDS J.CITY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR STREET PUBLIC STREET UTILITIES AND INCIDENTAL PURPOSES BY DEED RECORDED MAY 19, 1997 AS INSTRUMENT NO.9 7-2314 19, OFFICIAL RECORDS. 4.STANDARD OIL COMPANY,HOLDER OF AN EASEMENT FOR PIPE LINES AND INCIDENTAL PURPOSES BY DEED RECORDED SEPTEMBER 7, 1920 IN BOOK J77,PAGE 303,OF DEEDS 5.CITY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR STREET PUBLIC UTILITY AND INCIDENTAL PURPOSES BY DEED RECORDED MARCH 2 2017 AS INSTRUMENT NO 2017000089168, OFFICIAL RECORDS 6. PACIFIC COAST HOMES HOLDER OF OIL,GAS,OR MINERAL RIGHTS BY DEED RECORDED „UNE 3, 199/AS INSTRUMENT NO.91-273901,OFFICIAL RECORDS SHEET 3 OF 4 TRACT NO. 17661 NUMBERED CATS: 1 TOTAL UNITS: 70 GROSS AREA: 35932 SQ. FT. N THE CITY OF HUNTINGTON BEACH NET AREA:27695 SO. FT. COUNTY OF ORANGE,STATE OF CALIFORNIA. DATE OF SURVEY: FEBRUARY 1,2017 ALL OF TENTATIVE TRACT MAP NO. 17661 BEING A SUBDIVISION OF LOTS 9, f0 11, 12 7HE WEST ONE HALF OF LOT 0, A PORTION OF LOT 39,BLOCK B,GARFIELD STREET ADDITION TO HUNTINGTON BEACH, M.M. 7/27 AND A POR770N OF LOT 7, TRACT NO. 76846,M.M.887/4-6. MAY 2017 NOTES DATUMSTATEMBVT EMERALD ENGINEERING CONTINLIS COORDINATES$10181 ARE BASED ON NNE CALIFORNIA CaGA]NA1£SYSTEM DONALD G. BAKER L.S. 4683 MANl /s� NBLIC RIGHT�,, FILTHE ED I z COiNTY (CS&S),ZONE H 198E HAD,(200700 EPOCH OS GPS AO.USIMENT) SURI£YOR1 OFFICE TO PERPETUATE DE P0977ON OF TIE ALL DISTANCES SINNN ARE WOW),UNLESS OIHERNLY Naga TO LSTAN BOUAIDAHY MAP A! SHEET INDEX SAT T OF CONTROL WHIN 1 TEAR APR MAP COD DISTANCE MULTIPLY GROUND DISTANCE BY 5 99 996 130(PRQECT SPEQFIC) B45%9 OF BE4F1hVG& NOTES MONIA SVT NOTESMEIWRSVCE NOT THE BEARINGS SHOW HEREDV ARE BASED OV IRE BEA/UNG BLTMEEN LC5' NORTH uNg&mg Et HORIZONTAL CONTROL STATION CPS 0051 AND STATION CPS/WM BEMINDICATES FOND GCS CPS HCY6ZLNTAL CONTROLSTATON MOVIIMINT PER RECORDS ON FLEE 1 ID HUNTINGTON EFACI(M.N.OB 7-IRFE7& ADDITION NB9'43'621W PER RECORDS ON FILE IN TIE OFNF OF THE ORANGE COUNTY IN RE OFFICE OF THE ORANGE mum SURVEYOR SR1£IDR • ANIMATES Fa MONUMENT AS NOTED. O ESTABLISHED AS THE NE CORNER LOT 7,BLOCK&CARPED Smut AaOTIL&TO HUNTINGTON BEACH,M 7/27-21 N89.u•�y. A INDICATES SET GEAR GEAR/LEAD SPIKE&&ASI STAMPED LS 4683 BY PROPORTION PER MAC M 7/l/11-1$ 10.01' SET 2'IP. TAGGED IS.468Y OR LEAD&AKE TAGGED IS 4663'AT ALL TRACT BOUNDARY CORNERS O N MIEAST C 17.66 a e&&GAbyLD STREET AO7/I0N ((551'Y.&RI) 650.49' UNLESS O7IERMSE NOS' TO EWNIMNCTON BEAOL MAL7/27-28. SET 1'LP. TAGGED'LS 4883'OR LEAD&NAIL TAGGED 1S 4683'AT ALL LOT CORNERS INOUSW OF GAR FI E LD AVENUE POINTS OF CURVATURE'S(&C)&POINTS OF TANGENCY'S(EC),UNLESS'OIIERWSE NOTED. O ��19®AS DE NORTHEAST CORNER OF W I/2 LOT& 5' BLOCK$GARTELD STREET ADDITION TO HUNTINGTEN SK SE /NOCA/6 SEARCHED FOUND NOTHING SET NOTHING BEAOL MAL 7/27-1$BY PROPORTION PER MIL 5, SN ABDICATES SEARCHED FOUND NOTHING OS ESTABLISHED AS 774E EAST LINE OF W I/2 LOT&BLOCK$ K[ME BLOCK B OL () DEVOTES RECORD DISTANCE OR CALM ATE°DATA PER GARFIED STREET GARFk10 St&BY PROPORTION PER N./AVOITTON TO M 7 27-21 ADDITION TO HUNTINGTON BEAM Y.Y.7/27-21 MAL l l 1 /1 1 I + \ (RI) DENOTES RECORD LVSTANOF PER PARCEL MAP Na 2008-173 P.M9.305/7-1 6O ESTABLISHED AS THE SOUTH LIE OF PARCEL C PER INSTRUMENT NO 2017000089161 O. m <> DENOTES FECOIOO OR CALCULATED DISTANCE PER TRACT NO.16845 MM 887/4-6. INSTRUMENT No.2017000082161 DR BY PROPORTION PER !VV. e Ac I J OENDIES REC090 OSTANGE PER PARCEL MAP Na 20Or207,PX&326/J5-37. O ggY LINE BLOOM&CARF4ID sm.,'Am1RO1' K y e 8 N Q ID.2'LP.IV/ILLEGIBLE TAG PER PARCEL MAP NC.2008-17.5 P.YB 3&5/1-4 d OR 2004-0 01 TD HUNTNG7TYN BEAa;Y.Y.7/27-2a R. DOWN 1O:IN NE1L MONUMENT Y'G / LINE TABLE 2 Fa SPIKE&WAILER STAMPED 1S 3147;PER PAROLE MAP NO 2DOF-175 O ESTAOI9/ED AT THE INTERSECTION OF EAST PROONGIT/GV OF ¢ 61 O 22 /0' 20' Y P.1LB.585/1-3 d 07 2004-0292 RUSH. SOUTHLOT 1&BLOCK$NTH4PROLONGATION OF EAST UNE BLOCK&GARFIELD STREET ADDITION 70 HUNTINGTON fO N017-31"E 3200' ❑3 FD.LEAD,NAIL&TAG STAMPED 1S 3347'PER PARCEL MAP Na 2008-172 P.M&385/1-3 BEACH MM 7/27-28. DETAIL "A" 0 N694502'W 20.00' 64 7N F ROL�AORB. .0 AS 7-Q CORNER LOT 21,BM$GARFIE D STREET ADOOON O m ��STREET SE�TILN TO NH LOT NOT TO SCALE O NOR6'S6Z J2O1' E PO.s d WAIVER STAMPED 1S 3347'PER PARCEL.MAP N0.20106-173 P.MD.385/I-4 FLU91. BEAM Y.N.7/27-28,BY PROPORTION PER MAL 7/27-28. O N69421619 ffiED O FD.LEAD,NAIL d TAG STAMPED 1S 7707E IN UEU OF 2'HP.STAMPED IS.710E PER la NORTHWEST CORN Et BLOC!$GARPIELD SHoe t ADDMON O N691JD2'W 30.02' TRACT Na/6745 M.M.606/30-33 FLUSH. TO HUNTINGTON BEAN MAC 7/27-28 ©NO1542'E 22 2" 6 FD.LEAD,NAIL d TAG STAMPED'LS RICK,PER TRACT NO 1684&MM 887 4{,FLUSH. i1 ACCEPTED AS SOUTH LAVE OF LOT I&BLOCK$MIMED, / STREET ADDITION 70 HUNTINGTON BEACH,MM.7/27-28. l N8941YB'W Jatp' ❑ /2 I2 EASTERLY NMI&BLOT'a GARFIEID STREE7&DWDOW 7 FD.GEAR HEAD 6,AC STAMPED t01 770Y,PO?TINE Na 16497,Y.N.RUSH. 5-2& ®ND/6'S8t moo' d IX 2D14-LG%ACC AS BEING ON PIE CENTERLINE HOLLY S7REFf,f1U5H. TO HUNTINGTON BEAM Y.Y.7/27-21 C)NB9'425YW" 20.Ctl" Q FO.2'LP.WIN TAG STAMPED'COED BM'PER TRACT NO.1674a MAL 886/30-33 d CR 2004-0636A DOWN ICPS/5052 .5 N NELL MONUMENT:ACC AS CENTERLINE NTEPSEC7IN OF HOLY Smut AND GARFIELD AWFNNUE N 97931. 9 Fa LEAD,NAK d TAC STAMPED 1S 7717E ON TOP S BLOX WALL.PER TRACT NO 1654&M C 807/4-S FLU0L �'SI CO N0'ITSBt 3200' ❑ N2197919.341.42 E602746348 ALC AS SE LDP/ER LOT 1$BLOCK$GARFR]D STREET AODII(W]D MMI/NGION BGC(N.Y.]/27-26 E60.TOD2L42 Fa 2'LP.WITH BRASS TAG STAMPED i1 N00T3YE SOF' 10 FD;IAD:NAIL&TAG STAMPED 1S T7DT ON RP OF BLOCK WALL PER TRACT Na16B4&MM 807 4-S FLUSH. FD.3'BRASS DISC STAMPED%IB CT' 1RL£f2589'PER DCA DINT 5D.52, ❑ / SIADON 5 LOCATED AT ONTO?OF Ir F09 d WA9/ER STAMPED 1S ST47'PER PARCEL MAP Na zN0-2a1 SU•PIEYONS 5:STATION MAIN 5 LOCATED AT :Daj TB'07'E 32 W' ❑ CEN'IflD A INNER OF 57.AND GODENW66 ST AND GARFIEID Al£ PB5Jl d OF9.FLU9GDAD A� OFPER 1. B66/11-25 d R.SB.150/I-e DONN 1.D'N Xk3L MONUMENT. (--- fN.LINE,N.WI1 4,SEG2 2014-0.1 ODIW a95'N STANDARD W3!Y[NUMF]NT.SEIL'A• ARFIELD AVENUE /_ /HE ¢5s&D6> T.6 S.,R. 11 W.,S.B.B.&M. 1\ N8SW 25580E M GROUND DISTANCE ZS57.9Y GRID DISTANCE � � 65a4➢' 0 A,(1320.10 M d RlI/ 24516' 4Qi31" 57748' <577.46> 10.(N' P J I NBB I3D2W 6(646"c6G146' 617 ]5(W'�� 9N 2 Tm is ti O .� © / . \ I 'Q 3WS4 cW.2J>(300.009 SlC APO •VSn' O JOO.z4'<Ip.zY>(JOaoO) / Q / \ \S 4 ,/SE N�N3D2'W 12SfB'(zzs(N7 - ,- \ 1 BATWIELD�vcAIDE _Mg; m R I R O i ` tv�v r `U R/lY PER INST.N0.1987023/4/9,0.R 5 ��\ b m n` LOT 1 I.- g O �P� 9 �� SEE SHEET 4 OF 4 � � $ ;� -6„ Q • 8 \` wp _ .. ._ �E Iw�jpp1 ", b 30' 30' 1\2,9' 20' I SFK A'9 N881Y5TW 315.2E(VISOR ;� e W .... 75�007 JOaTT' (XD(EY) I ti: 4 z _ S00 O$ H N801Y57'W 205/6' 1 �'94 Q Y:�- •�''SE $ '_ N U4 0 ,, 6 V,c.. -N- R 8 i 1)..'. LOT r SFly SN - ti n m -1 TRACT r10. 76846 i S aw I 1 c<; 8 • (33 g O 0 / ?3 ' w SL4LE:1=60' H A ,1 XE 9N -� ' b W / Sb 4J o S,SY 2 (n d n F 8 TH.4 CT NO. 1628. . JO' %• e`` O57 , O'' H0.., 9K SNJ ' C SN IA / 0 / x AG:~•n 16 / U N89'42'44'W 60a.NY 60aJ1 (60'> o.L5') e,, / cs x 0 'E'',1 I %a15 GIM1.14>(300.007 300.15<300.7Y>(JDDa07 r +,-- O `Q© 17 273$ ID &7Y 6.7Y> /�C``I+ STX A'e >6' 20 ZD I KZ-4,0 IL\ ,,,..1. M.H. BBE./30-33 ./----....___ 4.")/I © S 61 / 0: Q PARCEL HAP 2006475 ..W''' ..I+.d. 365/1- Xm N899'4276'W 120.2.E M d(R1)(119.967 Mk © ANC.AS N.LINE LOT 21,BU!$ -- GARFTEED STREET ADDITION SHEET 4 OF 4 NUMBERED LOTS: , TOTAL UNITS: 10 TRACT NO. 17661 GROSS AREA: 35932 SO. FT. NET AREA:27695 SO. FT. DATE OF SURVEY: FEBRUARY 1, 2017 IN T}'E CRY OF HUVTNIGTON BEACH ALL OF TENTATIVE TRACT MAP NO. 17661 COUNTY OF ORANGE,STATE OF CALFORNIA. BE7NC A SUBDIVISION OF LOTS 9, 10,11,12, THE NEST ONE HALF OF LOT a A POR71ON OF LOT 39.BLOCK B,GARFIELD STREET AD0I720N R7 HUNONGTON BEACH, M.M. 7/27 AND A PORTION OF LOT 1, TRACT NO.16846,M.M.887/4-6. MAY 2017 EMERALD ENGINEERING DONALD G. BAKER L.S. 4683 EASEMENT/RIGHT-OF-WAY MAP LEGEND/NOTES: O COY OF HUNTINGTON BEACH,HOLDER OF AN EASEMENT FOR STREET,PUBUC OBLIGES AND INCIDENTAL PURPOSES BY DEED RECORDED SEPTEMBER 11,1974 IN BOON 11240, PAGE 468.OFFICIAL RECORDS. O PACIFIC COAST HOMES.A CAUFORNIA CORPORATION.AS GRANTOR,TO MS VICKERS II,LLC. A DELAWARE UNITED UABIUTY COMPANY,AS GRANTEE,RECORDED MAT 9,1996 AS ND.1996-236737,OFFICIAL RECORDS. O CITY OF HUNTINGTON BEACH.HOLDER OF AN EASEMENT FOR STREET.PUBUC UTILITY AND INCIDENTAL PURPOSES BY DEED RECORDED NAY 19,1997 AS INSTRUMENT NO.97-231419. OFFICIAL RECORDS. O4 THE STANDARD OIL COMPANY.HOLDER OF AN EASEMENT FOR PIPE UNES AND INCIDENTAL PURPOSES BY DEED RECORDED SEPTEMBER 7.1920 IN BOOK 377,PAGE 303 OF DEEDS. OS CITY OF HUNTINGTON BEACH.HOLDER OF AN EASEMENT FOR STREET,PUBUC UTILITY AND INCIDENTAL PURPOSES BY DEED RECORDED MARCH 2,2017 AS INSDEUMDIT NO.20170000E19168. OFFICIAL RECORDS. LINE TABLE D, N1716'S6'E UNDO' �2 N26'13'49W 1.33'ROL ❑3 N6O'31'14'W 1.33'ROL CURVE TABLE OQ=28'30'477 R=34.00'L>=16.92' O L, CT17KS'R=32.67'L=18.41' OL=29111'14.3,34.00'L=17.32' iCL GARFIELD AVENUE W n 0 n W NR9143'02'W 225.18' Q 30.04' �m R © 1 GARFIELD AVENUE 0 16.D0 to 10' 20' _ - K c 3 I- U 2 Mar 56'21'E 171 AB' W W I 3 BLOC LOT 12, L,J e, O il M LOT 1 —N— - n i Q = 27695 S0.FT.(NET) i FAST UNE LOT 12 Q ti n c. BLOCK e 3. SCALE:r-Sr = a I- O10' 20' 20' 8 NSP42'57'W 205.16' 7 1.% 40' ATTACHMENT #4 .44J Huntington •Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION October 12, 2016 Ed Bonanni 5500 Balsa Avenue, Suite 120 Huntington Beach CA 92649 SUBJECT: TENTATIVE TRACT MAP NO. 17661/ CONDITIONAL USE PERMIT NO. 13- 026/ DEVELOPMENT AGREEMENT NO. 16-002 (GARFIELD CONDOMINIUMS) APPLICANT: Ed Bonanni, 5500 Boise Avenue, Suite 120, Huntington Beach CA, 92649 PROPERTY OWNERS: YMCA of Orange County, Jeff McBride, 13821 Newport Avenue, Suite 200, Tustin CA 92780 City of Huntington Beach, Kellee Fritzal, 2000 Main Street, Huntington Beach CA 92648 REQUEST: CUP: To develop an existing approximately 0.636 net acre site with 10 for-sale townhome units and associated infrastructure consisting of: a) a density bonus for one additional unit above the base density. TTM: To consolidate three parcels into one lot for condominium purposes in order to develop 10 for-sale attached townhome units. DA: To enter into a development agreement to address affordable housing provisions. LOCATION: 7262 Garfield Avenue, 92648 (southeast corner of Garfield Avenue and Gothard Street) DATE OF ACTION: October 11, 2016 On Tuesday, October 11, 2016, the Huntington Beach Planning Commission took action on your application, and your application was approved with findings and modified conditions of approval. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb,org Notice of Action:CUP - J26/1TM 17661/DA 16-002 October 12,2016 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty- Three Dollars ($3,383.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is October 21, 2016 at 5:00PM. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. "Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020." If you have any questions, please contact John Ramirez, the project planner, at John.Ramirez@surfcity-hb.org or (714) 374-1684 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: C. AA, CCU.. Jafa+s Jame fanning Manager SH:JJ:JR:kdc Attachment: Findings and Conditions of Approval — CUP No. 13-026, TTM No. 17661, DA No. 16-002 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Community Development Bill Reardon, Division Chief/Fire Marshal Paul D'Alessandro, Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Project Planner Property Owner Project File FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 17661 CONDITIONAL USE PERMIT NO. 13-026 DEVELOPMENT AGREEMENT NO. 16-002 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the proposed project is covered by Holly-Seacliff Specific Plan Final Environmental Impact Report No. 89-1, which was adopted by the City of Huntington Beach on January 8, 1990. The proposed consolidation of three parcels for a one-lot subdivision on an approximately 0.636 net acre site and construction of 10 for-sale townhome condominium units with a density bonus request, along with associated open space and infrastructure is subject to compliance with the adopted mitigation measures contained in the Final Environmental Impact Report No. 89-1. Staff has reviewed the proposed project for compliance and has determined the project is consistent with the adopted mitigation measures contained in the Final EIR. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 17661: 1. Tentative Tract Map No. 17661 for a one lot condominium subdivision on approximately 0.636 acres for development of 10 attached townhome units is consistent with the intent of the General Plan Land Use Element designation of Residential Medium Density, and other applicable provisions of the HBZSO code. 2. The site is physically suitable for the type and density of development. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the HBZSO code. The project site is able to accommodate the type of development proposed. The proposed subdivision will result in a density of 15.76 units per acre, which is allowed in accordance with State Density Bonus Law and as part of the request for this property designated Residential Medium Density land use designation. The proposed density would be compatible with surrounding multi-family developments. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is surrounded by residential development, vacant property, light industrial uses and paved roads. The site does not contain any natural open space or any significant biological resources. • 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 13-026: 1. Conditional Use Permit No. 13-026 for the development of 10 attached for-sale residential units and associated infrastructure and site improvements, including a density bonus request of one unit, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the G:1PC\NOA11 611 0-1 1-1 6 CUP 13-026/TTM 17661/DA 16-002 Attachment 1.1 neighborhood. The project will provide one unit for families or households of low income for a period of 55 years. Initially the development will be held in single ownership by the developer for an unspecified time period and each of the condominium units will function as rental housing. At some future time, the developer may sell some or all of the units as individual ownership units. The affordable unit will be provided while being held as a rental unit and when it is ultimately sold for home ownership. The project will improve the existing underutilized parcels of land with a development consistent with the underlying General Plan land use and zoning designations. The proposed residential use is similar to those existing uses in the vicinity. The project will not result in any adverse or significant environmental impacts including traffic, noise, lighting, aesthetics, and hazardous materials. The project will be consistent in massing and scale to adjacent residential uses. Proposed improvements include enhanced landscaping, decorative paving, and quality architectural design throughout the site. Furthermore, the layout of the site improves the visual surroundings by providing efficient drive aisles for vehicular access, and minimizing the visibility of parking garages and parking spaces from the street. 2. The conditional use permit will be compatible with surrounding residential uses in terms of setbacks, onsite parking, lot coverage, and allowable building height. Architectural design is composed of the traditional mid-century minimal style consisting of stucco exterior, tile roof, varied offsets and rooflines, and decorative balcony railings. Enhanced landscaping along the site perimeter and within the common open space courtyards will create visual interest and improve the visual image of the community. The project includes two and three story buildings that are compatible with surrounding developments and proportionally relate to the overall mass and scale of the neighborhood. The proposed project is in conformance with applicable code requirements and has been designed to be compatible with existing uses in the vicinity. The project's building scale, architecture, site layout and color palette will complement the surrounding developments. 3. The proposed project will comply with the provisions of the HSSP and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The project complies with the development standards in terms of minimum onsite parking, height, setbacks, and lot coverage. Adequate vehicular and pedestrian circulation is provided for convenient access throughout the project. 4. The proposed project, which includes a density bonus, complies with all provisions of the Code. Given the minimal nature of the density bonus being requested, the project will not be detrimental the welfare of persons working or residing in the vicinity. Additionally, the project, inclusive of the density bonus, can be adequately served by local utility systems (water, sewer, storm drain) and will not have a significant or adverse impact on traffic volume, school enrollment or recreational resources in the area. As designed, the project is compatible with the physical character of the surrounding area and the intent of the General Plan. 5. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the intent of General Plan Land Use Element designation of Residential Medium Density. In addition, it is consistent with the following goals, objectives, and policies of the General Plan: A. Land Use Element G:1PC\NOA11 611 0-1 1-1 6 CUP 13-026/TTM 17661/DA 16-002 Attachment 1.2 Objective LU 1.1: Provide for the timing of residential, commercial, and industrial development coincident with the availability of adequate market demand to ensure economic vitality. Objective LU 8.1: Maintain the pattern of existing land uses while providing opportunities for the evolution, including intensification and re-use, of selected subareas in order to improve their character.-and identity. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Objective LU 9.3: Provide for the development of new residential subdivisions and projects that incorporate a diversity of uses and are configured to establish a distinct sense of neighborhood and identity. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. The proposed project will improve an underutilized and partially vacant property by allowing the development of residential uses within close proximity to compatible uses. The residential project will implement the residential land use category appropriate for the site's General Plan land use designation and establish a development consistent with the size, scale, mass and pattern of existing development in the area. The surrounding residential uses will benefit with the introduction of newly constructed housing in the neighborhood as the existing temporary structures on site will be removed. The development will provide new housing stock in the area and will potentially attract first-time homebuyers by providing an expanded opportunity for ownership in the area. B. Urban Design Element Goal UD 1: Enhance the visual image of the City of Huntington Beach. Objective UD 1.1: Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. The project will enhance the character of the neighborhood and improve property values. The proposed buildings will be compatible with existing development at similar heights and massing and incorporate a traditional architectural palette into the area, providing interest and high-quality design to the streetscape. Common open space within the project combined with enhanced landscaping will create visual interest from the frontages along Gothard Street and Garfield Avenue. Garages and open parking spaces are primarily located facing away from the street frontages. A decorative paving treatment frames the drive aisle entry to the site and creates visual interest for the access into the site. C. Housing Element Policy 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. G:IPC\NOA11 611 0-1 1-1 6 CUP 13-026/TIM 17661/DA 16-002 Attachment 1.3 Policy 3.2: Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments. Continue to prioritize the construction of affordable units on- site, with provision of units off-site or payment of an in-lieu housing fee as a less preferred alternative. Policy 3.3: Facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance, with funding priority to projects that include extremely low income units. Proactively seek out new models and approaches in the provision of affordable housing. Policy 4.1: Support the use of density bonuses and other incentives, such as fee deferrals/waivers and parking reductions, to offset or reduce the costs of developing affordable housing while ensuring that potential impacts are addressed. Policy 6.1: Implement the City's Green Building Program to ensure new development is energy and water efficient. The project consists of 10 residential units, which contributes to the City's housing stock. The project includes a request for a density bonus for one additional unit in exchange for affordable housing as allowed by State Law and the HBZSO. As part of the request for a density bonus, the applicant is entering into a Development Agreement with the City to establish one of the 10 units as affordable units for persons/families of low income for a period of 55 years. The development request as proposed is consistent with the intent of the policies identified above. As such, the project will contribute to the City's overall housing goals. Additionally, sustainable features and construction practices will be incorporated in the project including energy-efficient lighting, water efficient plumbing fixtures and recycling of construction waste. FINDING FOR APPROVAL—DEVELOPMENT AGREEMENT NO. 16-002 The development agreement is consistent with the General Plan and Holly-Seacliff Specific Plan. Development Agreement No. 16-002 provides for provision one of the 10 units within the development as an affordable unit for persons/families of low income for a period of 55 years and restricts the affordability period on this unit as both a rental unit (held as a rental unit by the developer) and as a condominium unit (sold for ownership at some future time). The proposed development complies with the HSSP and was found to conform to the goals and policies of the General Plan. The development agreement ensures the construction of one affordable housing unit within the project in accordance with the provisions of the Specific Plan for a 55 year period, as well as make an in lieu payment for the remaining increment to fulfill the affordable housing requirement within the HSSP. The development agreement is consistent with the following General Plan goals and polices. A. Housing Element Goal H 2: Provide adequate housing sites to accommodate regional housing needs. Goa/H 3: Assist in development of affordable housing. G:\PC\NOA\1 611 0-1 1-1 6 CUP 13-026/TTM 17661/DA 16-002 Attachment 1.4 Policy H 3.1: Encourage the production of housing that meets all economic segments of the community, including lower, moderate, and upper income households, to maintain a balanced community. B. Land Use Element Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Policy LU 9.1.4: Require that recreational and open space amenities be incorporated in new multi-family developments and that they be accessible to and of sufficient size to be usable by all residents. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. The development agreement would ensure that affordable housing is developed in accordance with the approved project and condition of approval requiring affordable housing. The project as a whole will provide an alternative housing choice and supplement the variety of housing stock available within the City. The development agreement would guarantee that the project provides one on-site affordable unit as well as contribute to the City's Affordable Housing Trust by way of an in lieu payment for the remaining increment to fulfill the affordable housing requirement within the HSSP. In doing so, these units will satisfy the affordable housing obligation while providing housing for low income households. As such, the development agreement is consistent with the General Plan goals and polices reflected above. CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 17661: 1. The Tentative Tract Map No. 17661 for consolidation of three existing parcels and the subdivision of the resultant parcel into a 10 unit airspace subdivision for a multiple family residential development and received and dated May 18, 2016, shall be the approved layout, with the following modification: a) The existing reservation for "a right to an easement over and along the rear 4 ft. of land for laying, maintaining and repairing water mains for irrigation purposes" shall be quitclaimed to eliminate any encroachment by the proposed residential buildings. G:IPCINOA11 611 0-1 1-1 6 CUP 13-026/TTM 17661/DA 16-002 Attachment 1.5 2. The final map for Tentative Tract Map No. 17661 shall not be approved by the City Council until Conditional Use Permit No. 13-026 is approved and in effect. 3. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 4. The draft Affordable Agreement received and dated April 25, 2016, identifying one on-site unit for-sale as affordable for persons and families of low income, which includes a density bonus of one unit plus a fractional in-lieu fee of One Hundred Seventy-three Thousand Forty Dollars ($173,040.00) for a 0.35 unit pursuant to Section 230.14 of the ZSO shall be the conceptually approved agreement. The Affordable Housing Agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Sections 230.14 and 230.26 and include: i. A detailed description of the type, size and location of the affordable housing for-sale unit on-site. There shall be one unit with two bedrooms restricted for rental by a Low-Income Household within the site. ii. There shall be one unit affordable to persons and families of low income (up to 80% of the Orange County median income). The Orange County median income is adjusted for appropriate household size. iii. Continuous affordability provisions for a period of 55 years. The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first market rate residential unit(s) shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion of the affordable unit. 5. Prior to submittal of the final tract and at least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Community Development Department and approved by the City Attorney. The CC&Rs shall identify the common driveway access easements; maintenance of all walls and common landscape areas by the Homeowners' Association; include a parking management plan to ensure the ongoing control of availability of on-site parking; notice that garages shall be maintained in a state that allows two vehicles to be stored inside at all times; and five guest parking stalls shall be permanently marked and signed. The CC&Rs must be in recordable form prior to recordation of the map. (HBZSO Section 253.12.H) 6. Pursuant to section 230.14 of the HBZSO, Tentative Tract Map No. 17661 and Conditional Use Permit No. 13-026 shall not be deemed approved until the Affordable Housing Agreement referenced in Condition No. 4 has been approved by the City Council. 7. Comply with all applicable Conditional Use Permit No. 13-026 conditions of approval. 8. Incorporation of sustainable or "green" building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building G:1PC1NOA116110-11-16 CUP 13-026/TIM 17661/DA 16-002 Attachment 1.6 practices may include (but are not limited to) those recommended by the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.orq/DisplayPage.aspx?CategorylD=19) or Build It Green's Green Building Guidelines and Rating Systems (http://www.builditgreen.orq/index.cfm?fuseaction=quidelines). 9. The development services departments (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 13-026: 1. The site plans, floor plans, and elevations received and dated May 18, 2016, shall be the conceptually approved design with the following modifications: a. Five guest parking stalls shall be marked with signage. b. Any mature trees removed as a result of construction activities shall be replaced at a 2:1 ratio. An inventory of existing on-site trees shall be submitted prior to issuance of grading permits. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Submit three (3) copies of the approved site plan and the processing fee to the Community Development Department for addressing of the new buildings/units. 3. Prior to issuance of building permits, the following shall be completed: a. 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 Community Development 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 line wall. If coordination between property owners cannot be accomplished, the applicant shall construct up to an eight (8') foot tall wall located entirely within the subject property and with a two (2) inch maximum 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 G:1PC\NOA11 611 0-1 1-1 6 CUP 13-026/TTM 17661/DA 16-002 Attachment 1.7 and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. b. Contact the United States Postal Service for approval of mailbox location(s). c. An interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. d. Parkland dedication in-lieu fees (Quimby Fees) shall be paid to the Community Development Department. 5. Signage shall be reviewed under separate permits and applicable processing. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 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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. 17 6 61 ; 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 portions 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 g/agree/surfnet/subdivision 1 66499.3 of the California Government Code, and Chapter 255 of CITY'S Zoning and Subdivision Ordinance. 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. g/agree/surfnet/subdivision 2 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. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligations as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. PLANT-ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant-establishment work for landscaping installed under this Agreement. This plant-establishment work shall consist of adequately watering plants, replacing unsuitable plants, performing weed, rodent and other pest control and other work determined by CITY'S Public Works Department to be necessary to ensure establishment of plants. This plant-establishment work shall be performed for a period of one (1) year from and after the date City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised herein and as required by the conditions of approval of the subdivision map. If at any time before the City Council accepts the work as complete or during the one (1) year guarantee period, the improvement plans prove to be inadequate in any respect, SUBDIVIDER shall make whatever changes, at its own cost and expense, as are necessary to accomplish the work as promised. g/agree/surfnet/subdivision 3 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 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 $6 8 , 0 2 3 , 0 0 Dollars ($6 8 , 0 2 3 , 0 9 which is one hundred percent (100%) of the g/agree/surfnet/subdivision 4 estimated cost of the work. SUBDIVIDER shall present such additional security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. 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 $34, 012 . 00 Dollars($ 34, 01.2 . 00 ), which is fifty percent(50%) of the estimated cost of the work. SUBDIVIDER shall present such security in the form of: Cash, certified check, or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, SUBDIVIDER guarantees payment to the contractor, to its subcontractors, and to persons renting equipment or furnishing labor or materials to them or to SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until one (1) year after the work of improvement is finally accepted in writing g/agree/surfnet/subdivision 5 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 (including without limitation, costs and fees of litigation of every nature or liability of any kind or nature) allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or nonnegligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense and CITY shall approve selection of SUBDIVIDER'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SUBDIVIDER. The promise and agreement in this Section are not conditioned or dependent on whether or not CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to defend, hold harmless and indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public g/agree/suifnet/subdivision 6 liability insurance, including motor vehicle coverage. Said policy shall indemnify SUBDIVIDER, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be 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. g/agree/surfnet/subdivision 7 • 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. 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. g/agree/surfneUsubdivision 8 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: TO CITY: TO SUBDIVIDER: City of Huntington Beach Bonanni Development & JB Construction ATTN: Director of Public Works 5500 Bolsa Ave. , Suite 120 2000 Main Street Huntington Beach, CA 92648 Huntington Beach, CA 92649 15. CONSENT When CITY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 16. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters. g/agree/surfnedsubdivision 9 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 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. g/agree/surfnet/subdivision 10 { 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by SUBDIVIDER. 22. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing 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. g/agree/surfneUsubdivision I I 25. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 26. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. g/agree/surfnet/subdivision 12 • 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 municipal Bonanni Development & JB Construction corporation of tjie State of California By:�Z� � U o ayor Ed Bonanni 9,04'print name 4 • ITS: (circle one) Chairm /President ice City Clerk /aPi/$ES President INITIATED AND APPROVED: AND By: Director of P b is Works o Bonanni print name REVIE APPROVED: ITS: (circle one) Secretar hief Financial) Officer/Asst. Secretary-Treasurer i dministrator APPROVED • City Attorney g/agree/surfnedsubdivision 13 ATTACHMENT #7 rjuNu Nu. 4422016 PREMIUM $1,701.00 FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California,and Bonanni Development&JB Construction (hereinafter designated as°principal")have entered into an agreement whereby principal agrees to Install and complete designated public improvements,which said agreement,dated November 19 20 18 ,and identified as projectTract 17661 ,is hereby referred to and made a part hereof;and WHEREAS,said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now,therefor,we,the principal and SureTec Insurance Company , as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called'City°,the penal sum of Sixty-Eight Thousand Twenty-Three&00/100 dollars($68,023.00 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 shalt be and remain in full tome 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,ail to be taxed as costs and included in any judgment rendered, FM-MULL PERFORMANCE BOND FM.:doc 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 ff 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 September 11th ,2018 ° Bonanni Development&JB Construction,asprincipai By y<<=� r By SureTec surance Compapy as surety By s r Ramir dusky, ttorney-in-Fact , By APPROVEq By: id AS�TOPr''' MICHP CJ CITY OF ttun....-. ok.,l.ti I PULL PERFORMANCE BOND FHL:doc STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON q- l -�oI$,BEFORE ME, )ea v i ce A A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED /c'-f BO/]cAnv1./ ,PROVED TOMEON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME()IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/S R-IE4'EXECUTED THE SAME IN HIS/HCCWTI IDIR AUTHORIZED CAPACITY{IE�,. AND THAT BY HIS/HERS SIR SIGNATURE( }ON THE INSTRUMENT THE PERSON(k, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS)ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL ,' JEANICE A.MCFALL Notary Public-California `, r �f Orangecounty z `'�'�►I Commission#2217638 STATE OF CALIFORNIA ) My Comm.Expires Nov 8,2021 ) SS COUNTY OF ORANGE . ) ON ,BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HISIHERfl'HEIRAUTHORIZED CAPACITY(IES), AND THAT BY HIS/HERITHEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL FAMTRFULL PERFORMANCE BOND Fh9..&an pop#: 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Ester Ramirez-Sadusky, Hope Eaves Olsen its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 23rd day of July ,A.D.2018 . 51171 SURETEC CE PANY w`ol ,I coDi By: John Jr.,C 5I 2= 7 State of Texas ss: .''. 1 _ County of Harris On this 23rd day of July ,A.D. 2018 before me personally came John Knox Jr.,to me known, who, being by me duly sworn,did depose and say, that he resides in Houston,Texas,that he is CEO of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ""`' XENIA CHAVEL ',�.�.:`��-Notary Public,State of Texas i ,z C.ornn. Expires D9-10-2020 , lJotary iD 129117659 Xe avez,Notary Public " I commission expires September 1 ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. 11th September 2018 Given under my hand and the seal of said Company at Houston, Texas this day of , , A.D. 2ssi2tSecreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call('T13)812-0800 any business day between 8:30 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles On 09/11/2018 before me, Esteban Flores ,Notary Public, (Here insert name and title of the officer) personally appeared Ester Ramirez-Sadusky who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. c•� ESTEBAN FLORES WITNESS my hand and official seal. 011 Notary Public -California Los Angeles County Z + Tl' Commission #2159770 (Notary,Sea M Comm.Exxlires Aug 9, 2020 t Signature of Notary Public• - - — 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No. 4422016 document is to be recorded outside of Calif rnia.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages four Document Date 09/11/2018 • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they,is/aru)or circling the correct forms.Failure to correctly indicate this ❑ Individual(S) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑✓ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service BOND No.4422016 PREMIUM included in Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach;State of California,and Bonanni Development&JB Construction (hereinafter designated as`'Principal"):have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,dated November 19, 2018 and identified as project Tract 17661 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 arid sufficient payment bond with the City of Huntington peach 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 toxin the aforesaid Civil Code in the sum of Thirty-Four Thousand Twelve&00/100 dollars ($34,012.00 );for materials famished for labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work er labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by"City`in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and,all persons,companies and corporations entitled to file claims under Title 15:(c0mmr!01n!g 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.. 1 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 arty manner affect its obligation an 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 September.11 th ,2018 Bonanni Development & JB Construction,as Principal $y/T- c By SureTec Insur ce Com an/ as Surety By E r mirez-S y, Attor ey-in-Fact By APPRO ED AS TO ORl' By: �►^-- MICHPL: ' r•.n7" CITY OF htun�.::..:,.m BEACH 2 STATE OF CALIFORNIA ) ) SS COUNT(OF ORANGE ) ON 9 ( otS.,BEFORE ME, —3-7-aNni Q. A /-,7 C/C1 A NOTARY PUBLIA IN AND FOR SAID STATE,PERSONALLY APPEARED Fri boorknn PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS/ARE TO THE WITHIN INSTRUMENT AND ACKNOVVLEDGED TO ME THAT HE/SH EXECUTED THE SAME IN HIS/HBaCCHEIR AUTHORIZED CAPACITY(lEg.), AND THAT BY HIS/HERFFREIR SIGNATURE( )ON THE INSTRUMENT THE PERSONN, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( ACTED,EXECUTED THE INSTRUMENT, I CERTIFY UNDER.PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE SEAL,/ / JEANICE A.MCFALL Notary Public-California-L.1;:pt.17,, Orange County 7 Commission#2217638 STATE OF CALIFORNIA ) My Comm.Expires Nov 8,2021 ) SS COUNTY OF ORANGE ) ON ,BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ,PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS!ARE SUBSCRIBED TO THE WITHIN INS"mumENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(rES), AND THAT BY HIS/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON E3EHALF OF WHICH THE PERSON(S)ACTED,EXECU D THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT, WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE • SEAL FAMMULL PERFORMANCE BOND PM-doc POA#, 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Ester Ramirez-Sadusky, Hope Eaves Olsen its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 23rd day of July , A.D.2018 . ,,..111a1,1ft,., SURETEC CE PANY SVRN... ii w w`,`c VI By. John I{ Jr.,C CC / c, ,;2i '1 State of Texas ss: 7'�; � County of Harris s• , . MIN On this 23rd day of July , A.D. 2018 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. _"V`I'',, XENIA CHAVEZ • i.8.i P �.Notary Public,State of Texas '•.!`:.•t4 Canna. "r.xpiras 9-10-2020 ,„. „ Notary ID 129117659 Xe ' avez,Notary Public commission expires September 1 ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1 1 th day of Se ember , A.D. 2?2LssitantSecred Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812.0800 any business day between 8:30 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. { State of California County of Los Angeles • On 09/11/2018 before me, Esteban Flores ,Notary Public, (Here insert name and title of the officer) personally appeared Ester Ramirez-Sadusky who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l: . . ESTEBAN FLORES 40itik Notary Public •California WITNESS my hand and official seal. Los Angeles County z *42 " Commission #2159770 My Comm.Expires Au 9,2020 (Notary Seal Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE A 1'l ACHED DOCUMENT appears above in the notary section or a separate acknlowledgment form innst be properly completed and attached to that document. The only exception is if a Bond No. 4422016 document is to he recorded outside of California.In such instances,any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in N/A California(i.e. cert(lying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired.• Number of Pages four Document Date 09/11/2018 • State and County information must be the State and County where the document c signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. D Individual(s) he/she/them is tare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑� Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. j' ❑ Other Indicate title or t}•pe of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 Pret.ink Signing Service,Inc.-All Rights Reserved www.TheProLinkcom-Nationwide Notary Service BOND NO.4422017 PREMIUM $250.00 MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT Bonanni Development&JB Construction , as Subdivider of Tract No. 17661 in the City of Huntington Beach,County of Orange,State of California,has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Bonanni Development&JB Construction , (Subdivider) as principal,and SureTec Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection with said tract,as are not already set prior to the recording of said Final Map,in accordance with said map and said certificate up to but not in excess of the sum of$3,000.00 ,in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the terms,conditions and provisions of Article 9,Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF,we have executed this instrument this 11th day of September ,2018 Apn^n ,r •. QC-p F RM "IC.r, '.. e, tES Bonanni Development& JB Construction ,as Principal `T` ATTORNEY .ITY Of nlii VISTON BEACH BY By SureTec Insuran e Compa ,as Surety By Ester irez- a , Attor y-in-Fact By 1 ., . • STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) A- A.A ct----&ii/,A NOTARY PU9L1C IN AND FOR SAID STATE,PERSONALLY APPEARED ES e c,(-1 C-1 it)In( ,PROVED TO ME ON T1-IE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME( IS/APE- SUBSCRIBED TO THE Will-UN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SH.E./"T44EY EXECUTED THE SAME IN HIS/H842.414WIR AUTHORIZED CAPACITY(fES.), AND THAT BY HIS/HECYTIICIR SIGNATURE( ON THE INSTRUMENT THE PERSONN), OR THE ENTITY UPON BEHALF OF WHICH THE PERSOWC)ACTED,EXECUTED THE INSTRUMENT. 1 CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. • WITNESS MY HAND AND OFFICIAL SEAL. , ,... ,.._.) SIGNATURE .- _CZ_ A z(776,---,,, _/... sEAy , _ . .•-_,.., JEANICE A.MCFALL Notary Public-California , zkIV cort's?: ,c,,o2u76 STATE OF CALIFORNIA ) My Comm.Expires Nov8,2021 ) SS COUNTY OF ORANGE ) ON BEFORE ME, ,A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HEiSHEftHEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(1E8), AND THAT BY HISIHERTTHEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL.. SIGNATURE SEAL FAMIFULL Par-oRmANcE BON1D P14..3% Pon#: 510031 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Ester Ramirez-Sadusky, Hope Eaves Olsen its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 23rd day of July ,A.D.2018 . ��.. SURETEC CE PANY SVRANCF Wr� �I9 ':O�1 By: Ww ` D John K Jr.,C ; State of Texas ss: cc 9\ rl 5 2; 4 County of Harris - On this 23rd day of July , A.D. 2018 before me personally came John Knox Jr.,to me known,who, being by me duly sworn,did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. • XEINIA CH.A\1EZ _Notary Public,mate of Texas Comm. EKpiras 09-10-2020 Nulary ID 129117659 Xe avez,Notary Public commission expires September 1 ,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1 1 th day of Se ember 201 8 A.D. 2Lssi2tSecreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Los Angeles • On 09/11/2018 before me, Esteban Flores ,Notary Public, (Here insert name and title of the officer) personally appeared Ester Ramirez-Sadusky who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • • • • rO ESTE'N FLORES WITNESS my hand and official seal. ,:. Notary Public -California ' Los Angeles County z z '1R" Commission #2159770 • My Comm. Exppires AuQp 9,2020 (Notary Sea �� _ _`�� _\TT • Signature of Notary Public I � 4 ADDITIONAL OPTIONAL INFORMATION • INSTRUCTIONS FOR COMPLETING THIS FORM • Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bond No.4422017 document is to he recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in N/A California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. three 09/1 1/2018 • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. N/A • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is late)or circling the correct forms.Failure to correctly indicate this D Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ✓❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document C 2004-2015 ProLink Signing Service,Inc.-All Rights Reserved www.TheProLinkcom-Nationwide Notary Service 4//spivs / ��NT�N . City of Huntington Beach / cc ;GOP roRA 7;• \ - •:�' 3,, 2000 Main Street • Huntington Beach, CA 92648 _ (714) 536-5227 • www.huntingtonbeachca.gov so :a ......_. � ) \\®�cF• l. p°:�� sl� Office of the City Clerk Co7Nri CPr1/� Robin Estanislau, City Clerk December 17, 2018 Bonanni Development & JB Construction Attn: Ed Bonanni 5500 Bolsa Ave., Suite 120 Huntington Beach, CA 92649 Dear Mr. Bonanni: The City Council of Huntington Beach, at its regular meeting held Monday, November 19, 2018, approved the Subdivision Agreement for Final Tract Map No. 17661. We are enclosing a copy of the agreement and bonds for your files. Sincerely, e6/44411444) Robin Estanislau, CMC City Clerk RE/ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand